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2015-72 7 CONTRACTOR AGREEMENT FOR STREET RESURFACING SERVICES THIS AGREEMENT, made and entered into this ,. day of 2015, A.D., by and between the City of Clermont, 685 West Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and ALLSTATE PAVING, INC., 5284 Patch Road, Orlando, FL 32822 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I-SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the bid documents and specifications entitled: RFB NO. 15-035 -2015 Street Resurfacing Services as prepared by CITY and its agents shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. ARTICLE II-THE CONTRACT SUM The CITY shall pay to the CONTRACTOR, for the faithful performance of the Contract as set forth in the contract documents and the Price Schedule, attached hereto and incorporated herein as Exhibit "A", in lawful tender of the United States, the total contract sum of TWO HUNDRED SIXTY-NINE THOUSAND, FOUR HUNDRED TWENTY- SIX DOLLARS AND 00/100 CENTS ($269,426.00). ARTICLE III-COMMENCEMENT AND COMPLETION O F WORK 1. The CONTRACTOR shall commence work within 10 calendar days after receipt of (i) Notice to proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within forty (40) calendar days, unless the period for completion is extended otherwise by the amendment or change order to the Contract. Final completion shall be fifteen (15) calendar days thereafter. 2. The CONTRACTOR shall prosecute the work with faithfulness and diligence. 1 3. The CONTRACTOR further declares he has examined the sites of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such sites are correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the CITY than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the CITYS Public Services Project Manager and his decision shall be final and binding upon all parties. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the CITY or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covering said work shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and/or the Drawings and Specifications covering said work; and the CITY may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the CITY, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event"be jointly and severally liable to the CITY for all damages, loss and expense caused to the CITY by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and in all things with this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 4. If required, As-built drawings and warranties acceptable to CITY must be submitted to the CITY before final payment will be made to the CONTRACTOR. 2 ARTICLE IV—LIQUIDATED DAMAGES 1. It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall pay to CITY the sum of FIVE HUNDRED DOLLARS ($500.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the CITY, and shall be considered not as a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated damages amount contained herein to CITY within fifteen (15) days of receipt of CITY's written demand for such payment. 2. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. ARTICLE V—PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the CITY shall pay the CONTRACTOR as follows: 1. CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the CITY shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved payment invoice by the CITY for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the CITY shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2. Upon submission by the CONTRACTOR of evidence satisfactory to the CITY that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the CITY, final payment, including any retainage amount, on account of this Contract shall be made within thirty (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the CITY. 3 ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and Contractor shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The Contractor shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the Contractor shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. Contractor's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit 4 Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Subcontractor's Public Liability and Property Damage Insurance - The Contractor shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. CITY's and Contractor's Protective Liability Insurance - The CITY shall procure and furnish an CITY's and Contractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability& $1,000,000 each($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 5. "XCU" (Explosion, Collapse, Underground Damage) - The Contractor's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 6. Broad Form Property Damage Coverage, Products & Completed Operations Coverages - The Contractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7. Contractual Liability Work Contracts - The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the Contractor for contractual liabilities assumed by the Contractor in the performance of this Agreement. 8. Indemnification Rider (a) To cover to the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. 5 (b) In any and all claims against the CITY or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The Contractor hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII—NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Allstate Paving, Inc. 5284 Patch Road Orlando, FL 32822 Attn: Lendsey Phillips, President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 6 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by contractor. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by contractor, in whole or in part, without the prior wntten consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed ,the cost,provided in this Florida's Public Records 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. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure 7 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. ARTICLE X—CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: 1. Contract Agreement 2. All documents contained in RFB No.: 14-039 — 2014 Street Resurfacing Services, including any all addenda or amendments thereto and CONTRACTOR's September 11, 2014 response thereto. 3. Instruction to Bidders 4. Payment and Performance Bonds ,IN _,WITNESS WHEREOF, the parties hereto have executed this Agreement on •;.'"'� ' this ��- day of b 2015. , 4 54 ' � Attest' City of C ermont 30, / Tracyyd, City Cle . Gail L. As 'Ma or • Date: _iL► �j i / .�� „ _• ,e • ' il 47W4C.h� ,t r� p ttest: Allstate' mg, Inc. VAI 0,2 Corporate ecreta am/ Title 5-e •F i'H °, 1 ,,4115 • DateI ,N 8 EXHIBIT "A" UNIT PRICE SCHEDULE Klaco Description Price Pgg,alma From Hooks Street To The Cresent—Priority 1 1 Sunset Lane $12,165.00 Mill-1-inch and add 1-inch of asphalt From Fifth Street To Fourth Street—Priority 1 2 West Minneola Ave $19,831.00 Mill 1-inch and add 1-inch of asphalt From West Beach To Division Street—Priority 1 3 Bike Trail Mill only at transition areas and add 1-inch $112,800.00 asphalt 4 Bowman Street From Hwy 50 To Almond Street —Priority 1 $10,160 00 Mill 1-inch and add 1-inch of asphalt From 3b Street To East Avenue—Priority 1 5 Orange Avenue $26,530.00 Mill 1-inch and add 1-inch of asphalt From East Juniata To East Desoto Avenue— 6 Scott Street Priority 1 $11,142.00 Mill 1-inch and add 1-inch asphalt From Lakeshore Drive to Cul-de-sac 7 Settle Street Priority 1 $17,108.00 Mill 1-inch and add 1-inch of asphalt From West Magnolia To West Minnehaha 8 3'd Street Avenue—Priority 1 $5,669.50 Mill 1-inch and add 1-inch of asphalt From West Montrose Street To West Minneola 9 11th Street Avenue—Priority 1 $8,448.00 Mill 1-inch and add 1-inch of asphalt From Lakeshore Drive To 100 feet west of 10 Brogden Street Cluster Oaks Drive—Priority 1 $28,700.00 Mill 1-inch and add 1-inch of asphalt From Shady Nook Street To Disston Avenue— 11 East Minneola Street Priority 2 $9,069.50 Mill 1-inch and add 1-inch of asphalt From Anderson Street To Cul-de-sac—Priority 12 Sheldon Place 2 $7,803.00 Mill 1-inch and add 1-inch of asphalt Base(:} - $269,426.00 9 SECTION—C REVISED PRICE SCHEDULE ADD Alternate No. 1: Bike Trail Stnping (ADD)$ 2 5,C;)n" Contractor's Days to Substantial Completion. 4 a Calendar Days. Not to Exceed: Forty-Five (45) Calendar Days from Issuance of Purchase Order or Notice To Proceed. • Final Completion Shall Be Fifteen(15)Calendar Days Thereafter. By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and Is acting In an authorized capacity to execute this response. The respondent also certifies that It can and will provide and make available, at a minimum, the Items set forth in this solicitation obi •i• -` ' '.c. .� r,, • :'. ..iRespandent information and Signature Company Name(print): 1;(- . : ':•ng, no. Street Address: . Maling Address(if different): ►a Orlando. Florida 32822 .' Telephone: 4 u1 FwwcV.3"1.• 1 ?.#7.-1 t 1'6' Emelt '^j 4014 Q,i'1/ epa./� ,6v'Pl ymentTerms• ays,net FEIN' 541 - n-12 OS 6e2 o rofesslonal.License No.: CQ L C75 Oet1 Signature MOW Date .2,4- I C .y Print Name. - Title. ►�� 11 1 'V Does the respondent accept payment using the City's MASTERCARD? 0 Yea 942 END OF SECTION—C RFB No:15-035 Page 18 of 42 • RFB 15-035,Addenda 1 2015 Street Resurfacing Services FREDDY L SUAREZ Purchasing Director C ! ER ONhI Purchasing Department L` 352-241-7350 Choice of Champions' fsuarez@clermontfl.org ADDENDA 1 —JULY 14,2015 RFB 15-035—2015 STREET RESURFACING SERVICES To all prospective respondents,please note the following changes: Change to Section B, Statement of Work. Page 11 of 42. CRACK SEAL —All cracks that are W or greater In width shall be cleaned free of loose and foreign materials and sealed with Crafco PoFlex Type 3,product#34521 or equivalent. See Section C for a list of streets. The method of payment for crack sealing shall be based on a price per gallon linear foot. The total price shall be all Inclusive to traffic control,cleaning,crack sealant,and any other Incidentals required to provide the City of Clermont final product that will meet the specifications as described. Successful respondent shall provide the Project Manager with tickets daily showing the amount of gallons Jinear foot used. Add to Section A,Response Procedures. 24—APPROVED EQUAL When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. The respondent may offer any brand which meets or exceeds the specifications for any Item(s). In such cases,the City will be receptive to any unit that would be considered by a qualified City personnel as an approved equal. In that, the specified make and model represent a level of quality and features desired by the City. The respondent must state clearly in the response any variance from those specifications. It is the responsibility of the respondent to provide adequate information,In the response, to enable the City to ensure that the response meets the required criteria. If adequate Information is not submitted with the response, it may be rejected. The City will be the sole judge in determining if the item qualifies as an approved equal. 685 W Montrose Street • Clermont,FL 34711 • www.ClermontFLgov RFB 15-035,Addenda 1 2015 Street Resurfacing Services Addition to Section C.Price Schedule,Pane 18 of 42. Crack Seal Price Per Linear Foot(Crafco PolyFlex): $ Crack Seal Price Per Linear Foot(Alternate Approved Product): $ �� 5 Alternate Product Description: c2I-'1-1, END OF ADDENDA 1 This addenda must be acknowledge and may be returned with your solicitation. All other terms,conditions and spec cations remain unchanged for RFB 15-035. Allstate Paving, Inc. "� �.r70r 19 Name of company ' • Date 'e lorida 32822 Signature r Title TypedlPrintea Name 685 W.Montrose Street • Clermont,FL 34711 • www.ClermontFL.gov RFB 15-035,Addenda 1 2015 Street Resurfacing Services 6FREDDY L.SUAREZ I Purchasing Director CLER) oAvTPurchasing Department I 352-241-7350 ce of Champions' fsuarez@dermontfl.org ADDENDA 2—JULY 17, 2015 RFB 15-035—2015 STREET RESURFACING SERVICES To all prospective respondents,please note the following changes: Addition to Section B,Statement of Work,as an additive alternate price. BIKE TRAIL STRIPING DETAILS: • Paint two 4"yellow stripes eight feet apart, three feet from both edges of the bike trail for a length of 7,600 feet. • Directional arrows and bike,lane markings will be installed per DOT Index No.17348 • Paint Type:E1952 TYPE II Road Paint Overall,the average width of the bike trail is 14 feet. The Idea is to install two stripes the total length of the trail to separate the bike traffic from the foot traffic. Two 3'foot travel lanes and one 8'bike lane for a total of three lanes. The 8'bike lane will be multidirectional and the foot travel lanes will be one direction only. See attached Revised Price Schedule. Response Due Date has changed from July-2816 to July 30,2015 at 2:00 P.M. Deadline for Written Questions has changed from July-1 Bab to July 23,2015 at 3:00 P.M. END OF ADDENDA 2 This addenda must be acknowledge and may be returned with your solicitation. All other terms,conditions and specflcatipns remain unchanged for RFB 15-035. Allstate Paving, Inc. • 1 e`3 = 1 Name of company 6284 Patch Road Date Orlon- •, Florida 32822 rt`,\ -%._, sit. signature Title wr4\144.--) Typed/Printed Name 685 W.Montrose Street '' Clermont,FL 34711 • www.CiennontFL.gov % FREDDY L.SUAREZ Purchasing Director CLER ' )N1 Purchasing Department 352-241-7350 ofChampion�s - fsuarez©clermontfl.org ADDENDA 3—JULY 23,2015 RFB 15-035—2015 STREET RESURFACING SERVICES To all prospective respondents,please note the following Q&A from BidSvnc: See next page. END OF ADDENDA 3 This addenda must be acknowledge and may be returned with your solicitation. All other terms,conditions and specifications remain unchdnged for RFB 15-035. Allstate Paving, Inc. ►I A984 Patch Road N611B of Campa Orlando, Florida 32822 Date Signature Title 1 -� Typed/Printed Name • 685 W Montrose Street • Clermont, FL 34711 www.ClermontFL.gov