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Contract 2024-025ADocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 AGREEMENT No. 2024-025 STREET RESURFACING SERVICES 2024 THIS AGREEMENT, is made and entered into this Tuesday, March 26, 2024, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and RANGER CONSTRUCTION INDUSTRIES, INC., whose address is: 1200 Elboc Way, Winter Garden, FL 33411, (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 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 specifications entitled: RFB 24-066 titled Street Resurfacing Services 2024, as prepared by the CITY and its agents and shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. 2. THE CONTRACT SUM The CITY shall pay to the CONTRACTOR, for the faithful performance of the Contract, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, the Price Schedule, attached hereto and incorporated herein as Exhibit "A". The total contract sum shall not exceed THREE HUNDRED FORTY-ONE THOUSAND, FOUR HUNDRED NINETEEN DOLLARS ($341,419). 3. COMMENCEMENT AND COMPLETION OF WORK A. The CONTRACTOR shall commence work within Ten (10) calendar days after receipt of (i) Purchase Order and/or Notice to Proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within Forty Five (45) calendar days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. FINAL completion shall be Thirty (30) calendar days thereafter. B. The CONTRACTOR shall prosecute the work with faithfulness and diligence. C. The CONTRACTOR further declares to have examined the site of the work and that from personal knowledge and experience or that CONTRACTOR has made sufficient investigations to fully satisfy that such site is correct and suitable for the work and CONTRACTOR assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings 1 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Standard Agreement RFB 24-066 Street Resurfacing Services 2024 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 OWNER than against the CONTRACTOR and his Surety. 4. LIQUIDATED DAMAGES A. 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 Purchase Order and/or Notice to Proceed, or any authorized extension thereof, the CONTRACTOR shall pay to CITY the sum of FIVE HUNDRED ($500) DOLLARS 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 the 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. B. 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. 5. 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: A. 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 estimate 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 five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. B. 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 on account of this Agreement shall be made within thirty (30) 2 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Standard Agreement RFB 24-066 Street Resurfacing Services 2024 calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the CITY. 6. DISPUTE RESOLUTION - MEDIATION A. 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. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its 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 subCONTRACTOR 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 Agreement 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. 7.2. CONTRACTOR's Commercial General Liabilitv Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business 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 as follows: A. CONTRACTOR's Commercial General Liability, $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 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Standard Agreement RFB 24-066 Street Resurfacing Services 2024 The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. SubCONTRACTOR's Public Liabilitv and Propertv 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. 7.4. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its 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 such acts are 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; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. 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. 8. 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. 4 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Standard Agreement RFB 24-066 Street Resurfacing Services 2024 CONTRACTOR: Ranger Construction Industries, Inc. Attn: F. Scott Fowler, Vice President 1200 Elboc Way, Winter Garden, FL 33411 OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 9. MISCELLANEOUS 9.1. Attornevs' 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. 9.2. 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. 9.3. 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. 9.4. 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. 9.5. 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. DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Standard Agreement RFB 24-066 Street Resurfacing Services 2024 9.6. Assignment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of the CITY. 9.7. 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. 9.8. 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. 9.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, including the following: 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 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 CONTRACTOR upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331. 11 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Standard Agreement RFB 24-066 Street Resurfacing Services 2024 10. CONTRACT DOCUMENTS The Contract Documents, as listed below are herein made fully a part of this Contract as if herein repeated. Document Precedence: A. Contract Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in RFB 24-066 titled Street Resurfacing Services 2024 and CONTRACTOR's response thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 27th day of March 2024 CITY OF CLERMONT DocuSigned by: 2BA7692F758C492... D3 Tim Murry, Mayor ATTEST: E DocuSigned by: AdA—,d Howc 3AD7F34905B344A... \ Tracy Ackroyd Howe, City Clerk 7 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 RANGER CONSTRUCTION INDUSTRIES, INC. EDocuSigned by: 934084E0ED6C4FA... . S(hff rbwb—r By; Print Name: F. Scott Fowler Title: Vice President Date: 4/2/2024 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 EXHIBIT "A" d" CLER ONT Choice of Champions City of Clermont Procurement Services Freddy Suarez, Procurement Services Director 685 W. Montrose Street, Clermont, FL 34711 PRICE TABLES MILL AND OVERLAY (BASIS OF AWARD) The award will be made to the selected respondent who submits the lowest price on all items when added to the aggregate. All respondents must include costs for mobilization, traffic control, milling existing asphalt (1 inch if called for), asphalt crack fill and seal, street sweep, overlay with 1-inch of Type S3 recycled asphalt, temporary and thermo-plastic pavement markings. 1 Johns Lake Road From Citrus 1 LUMP SUM $341,419.00 $341,419.00 Tower east to just east of lost Lake School. Mill and resurface 1.5-inch asphalt. Approximately 18,332 Square Yards TOTAL $341,419.00 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 d" CLER ONT Choice of Champions City of Clermont Procurement Services Freddy Suarez, Procurement Services Director 685 W. Montrose Street, Clermont, FL 34711 ADDITIONAL PRICING Should specific additional work be required, or should the quantities submitted by the successful respondent of certain classes be increased or decreased from those needed by Contract Documents, the unit prices contained below are the basis of quantifying payment to the successful respondent or credit to the City, for such increase or decrease in the work. No additional adjustments will be allowed. The successful respondent is required to enter the unit price. 2 Rut Fill /Scratch Course 1 TON $150.00 $150.00 3 Crack Seal 1 GALLON $56.80 $56.80 4 6-inch Yellow or White Temp. Paint 1 LINEAR FEET $0.35 $0.35 5 Remove Thermo -Plastic Markings 1 LINEAR FEET $3.70 $3.70 6 Tack Coat 1 SQUARE $0.45 $0.45 YARD DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 I Scope of Work 3.1. Proiect Scope The scope of work to be performed includes milling, overlaying, and micro -surfacing of city - maintained streets, as provided in the map drawings. All resurfaced streets must have a smooth and even surface as well as smooth transition street edges. The respondent must install temporary street paint markings per existing markings. The City of Clermont pavement resurfacing (including the striping portion) must be completed within forty-five (45) calendar days. After thirty (30) days of asphalt cure time, the successful respondent must install thermo-plastic marking per existing markings and specifications. The City will mark where work begins and ends. All resurfaced streets must have smooth ridings. The work must begin and be completed while the Lake County public schools are not in session. The successful respondent must place door hangers on street resident doors, notifying them of the work to be done two (2) business days prior to starting work. The City of Clermont Public Works' inspectors will inspect all work. The respondent is responsible for measuring each street for proper calculation before submitting an offer to this solicitation. Areas of the road (s) to be resurfaced are marked with street marking paint for limits of work. Contact Jim Maiworm or Dusty Pacheco at (352) 241-0178 for any marking problems. 3.2. Minimum Experience Requirements All respondents to this solicitation and their subcontractors must be FDOT-prequalified in the work classes of flexible paving and hot plant -mixed bitumen courses. Respondents must provide with their bid response a minimum of five (5) Crack Seal project references from a City or County in the State of Florida that have been completed within the past three (3) years. All respondents must submit detailed information indicating the project date, the number of square yards treated in each, and the phone number of the government official in charge of each project. The successful respondent must be capable of meeting all the requirements of this specification at the time of submitting the bid. The successful respondent must have in their possession, in the State of Florida at the time of bidding, three (3) or more crack seal machines as described in the equipment section of the specification and submit proof of such (i.e., pictures, equipment description, etc.). City staff reserves the option to inspect the respondent's equipment, and if found to be deficient, it will be the basis for rejection of the respondent's bid. The successful respondent must have been doing business in the State of Florida for at least four (4) years from the date this solicitation was issued and have full-time, experienced personnel to respond to any warranty issues within twenty-four (24) hours. The successful respondent must be available to be called to perform work or warranty work at any time of the year as needed by the City. The successful respondent must have a full-time presence with an office, experienced personnel, and the proper equipment in the State of Florida to respond three hundred sixty-five (365) days a year. 15 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 3.3. Material and Construction Specification Materials and construction methods for roadway construction must be in accordance with the Florida Department of Transportation standard specifications for road and bridge construction 1991 or the latest edition. See additional micro surfacing and crack fill/sealing requirements of this solicitation. 3.4. Millinq Milling must be performed up to the edge of the curb and not extending into the gutter of the curb. 3.5. Pavers Pavers must be mechanically sound and capable of consistently meeting the requirements of this solicitation. Pavers must be self-propelled, wheel driven (no track -driven pavers allowed), can be steered, and equipped with a receiving and distribution hopper and a mechanical screed. The paver must have a minimum screed width of eight feet without the use of extendable strike - off devices. Strike -off devices will only be used in irregular areas, normally done by hand. Small power boxes or parking lot pavers will only be allowed for use on narrow roadways. 3.6. Asphalt Requirements Type S-111 recycled asphalt concrete surface course with a minimum stability of 1,500/lbs. Pavement installation must conform to current FDOT standards and soil report recommendations. Delivery/Plant tickets stating the asphalt mix design will be collected for all asphalt used at the end of each day by city inspectors. 3.7. Crack Seal All cracks that are one quarter (1/4) inch or greater in width must be cleaned free of loose and foreign materials and sealed with Crafco PolyFlex Type 3, product # 34521 or equivalent. The equivalent product must be an asphalt product designed to be used to fill cracks and joints in asphalt. It must also have the ability to seal out water. See Technical Requirements for Crack Filling/Sealing for additional product requirements. The payment method for crack seal will be based on a price per gallon. The total price must include traffic control, cleaning, crack sealant, and any other incidentals required to provide the City of Clermont with a final product that will meet the specifications as described. The successful respondent must provide the City Project Manager with tickets daily showing the number of gallons used. 3.8. Crack Fill All open cracks and joints from one -quarter (1/4) inch to two (2) inches in width must be cleaned. If the depth of the crack to be sealed is greater than three-quarters (3/4 inches), backer rod material must be installed by the successful respondent. After installing the backer rod, there must be at least one-half (1/2) inch to three-quarters (3/4) inch depth for the sealant installation. The crack fill sealer product must be an asphalt -fiber compound designed especially for improving the strength and performance of the parent asphalt sealant, sealing out water, and being incompressible in asphaltic concrete. Cracks over two (2) inches in width must be cleaned and packed with Type S3 hot recycled asphalt. 16 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 3.9. Crosswalks Crosswalks must be ten (10') feet international. 3.10. Driveways No impact on driveways is expected as a part of this project. 3.11. Turnouts or Intersecting Roads All intersecting roads must be paved to the radius unless otherwise marked. Roads that are marked to be paved back to the radius will also require a double centerline to be placed back one hundred (100') feet from the stop bar. Stop bars and centerlines that are covered will need to be replaced. 3.12. Potholes Before paving, all potholes are to be swept out, tacked, and filled with asphalt. 3.13. Tack Coat The successful respondent must apply the tack coat per FDOT specifications of the current Standard Specifications for Road and Bridge Construction Edition. 3.14. Traffic Controls The job site is to be signed BEFORE the transport arrives. Temporary signs ("Construction Ahead," "Men Working," and "Flagmen Ahead") will be sufficient and must be in good condition. All equipment must be in working order and on -site before paving begins. Flagmen are to wear vests and use stop -and -go paddles. The successful respondent must provide proper signage, markings, and flagmen to maintain a safe work zone at all times by FDOT standards for traffic safety in the work zone. The successful respondent must maintain reasonable traffic control at all times. 3.15. Temporary Stop Bar A temporary stop bar (in two strips) must be installed at the stop sign as soon as the street has been completed or in the evening if the road is not completed. 3.16. Curbed Road Lute all edges for a smooth transition on any road that has curbs to avoid drop-offs. There must be no asphalt on the float line or gutter. The City's Project Manager will supervise the procedure. 3.17. Strbinq Replacement of existing road striping & markings disrupted by this work is required. All road striping must be conducted with reflective thermoplastic with glass beads on the roads that are to be resurfaced. All blue RPMs at fire hydrants are to be replaced. All City road striping must be coordinated with the City's Project Manager, Jim Maiworm, or Dusty Pacheco (352) 241- 0178. Stripers are to use construction signing per FDOT specifications. Where RPMs are required within striping, the existing RPMs are to be removed and replaced. Missing RPMs must be replaced as well. 17 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 3.18. Millinqs The City of Clermont will accept all asphalt millings to be placed at the location designated for this project, which is the 12th Street Public Works site. The successful respondent will be responsible for hauling millings to that location. 3.19. Safety It will be the respondent's responsibility to ensure worker safety, provide sufficient required insurance, comply with all safety code laws, and include any cost of such safety requirements in their response to this solicitation. No additional compensation will be allowed for the cost of such compliance. These standards will apply to all construction areas, whether or not specifically mentioned in the specifications. 3.20. Work Hours The successful respondent must conduct all work between 7:00 A.M. and 6:00 P.M. (EST), Monday through Friday. No work will be permitted on Saturday, Sunday, or Holidays unless requested and approved by the City with a minimum of forty-eight (48) hours in advance. 3.21. Public Convenience and Safetv (As Mav Be Applicable) No street or roadway must be closed except when and where directed by the City's Project Manager. The work must be conducted so that there must, at all times, be a safe passageway for traffic whenever the street or roadway is not closed. The successful respondent must provide and maintain a passable driveway, as directed by the Engineer or City's Project Manager, whenever it is necessary to divert traffic from any part of the street or roadway under construction. Driveways must be accessible at all times in case of an emergency and must be left in a usable condition at the end of each day. The successful respondent must provide, erect, and maintain all necessary barricades, suitable and sufficient red lights, danger signals, and signs, provide a sufficient number of watchmen, and take all necessary precautions to protect the work and safety of the public. Streets or highways that are closed to traffic must be protected by effective barricades on which acceptable warning signs are placed. The successful respondent must provide and maintain detour signs at all closures and intersections along the detour route(s) to direct the traffic around the closed portion(s) of the work. Where City and/or County standards do not apply, safety precautions must be taken in accordance with Index No. 600 through 700, FDOT Roadway and Traffic Design Standards, 1988. All temporary detour route(s) must be clearly indicated throughout their entire length. All barricades and obstructions must be illuminated at night. All lights must be kept burning from sunset to sunrise. All barricades must be well-built and designed so as not to be blown over by the wind. 3.22. Care of Trees, Shrubs, and Grass The successful respondent will be fully responsible for maintaining, in good condition, all cultivated grass plots, trees, and shrubs. The successful respondent must, after completion of the work, replace or restore to original condition all destroyed or damaged shrubbery or grass DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 areas that were maintained or destroyed incidental to the construction operations. Tree limbs, which interfere with equipment operation and are approved for pruning, must be neatly trimmed and the tree cut coated with tree paint. All shrubbery, lawn grass, fences, ornamental shrubs, trees, and fruit trees lying within the right- of-way must be carefully removed and replanted on or behind the right-of-way, as directed by the City's Project Manager. Fences, retaining walls, etc., which are removed and relocated, must be carefully restored as closely as possible to their original condition. Lawn grass, shrubbery, ornamental shrubs, trees, fruit trees, etc., which are removed and relocated, must be carefully restored as closely as possible to their original condition and must be watered and maintained, as necessary, until they are firmly re-established in their new location. All grass, shrubbery, ornamental shrubs, trees, fruit trees, etc., which die or, in the opinion of the City's Project Manager, are damaged due to their relocation, must be replaced with shrubbery which is identical to the original type, quality, and size. The successful respondent must adhere to the City's Project Manager's decisions regarding the condition of the restored property. 3.23. Damage to Existing Structures and Utilities The successful respondent will be responsible for and must make good on all damage to pavement, buildings, telephone or other cables, water pipes, sanitary pipes, or structures beyond the limits of this contract, which may be encountered, whether or not shown on the drawings. The successful respondent will be responsible for determining the exact location, character, and depth of any existing utilities. The successful respondent will assist the utility companies in determining said locations by every means possible. The successful respondent must exercise extreme caution to eliminate the possibility of damage to any utilities. 3.24. Suspension of Work The successful respondent will not be entitled to make or assert a claim for damage because of delay should the City be prevented or enjoined from proceeding with work because of any litigation or other reason beyond the control of the City, either before or after the start of construction. However, the time for completion of the work will be extended to such a reasonable time as the City may determine necessary to compensate for time lost by such delay. Such determination must be set forth in writing. 3.25. Traffic All safety precautions must be taken, and all traffic controls must be furnished, satisfactory to the City, County, Department of Transportation, and/or any other governmental agency having jurisdiction, where partial or complete obstruction of streets is required to perform the work. 3.26. Maintenance of Traffic During construction, the respondent will be responsible for proper maintenance, control, and detour of traffic in the work area. All traffic control and maintenance procedures must be per the requirements of the Florida Department of Transportation and Lake County, Florida, within their respective areas of jurisdiction. It will be the respondent's responsibility to determine the 19 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 requirements of these agencies so that the bid -offer reflects all costs to be incurred. No claims for additional payment will be considered for expenses incurred due to the proper maintenance control, detour, and traffic protection. 3.27. Barricades and Protection of Work The respondent must protect his work, throughout its entire length, by the erection of suitable barricades and handrails where required. The successful respondent must further indicate this work at night by maintaining suitable lights or flares, especially along or across thoroughfares. All laws or ordinances covering the protection of such work and the safety measures employed therein must be complied with. The successful respondent must perform the job and not deny access to private property. 3.28. Examination of Premises The successful respondent will be held to have examined the premises of the project and the conditions under which they will be obliged to operate before submitting a response. 3.29. Burninq Burning will not be permitted on this project without prior approval from the City's Project Manager. If burning is allowed, it will be the responsibility of the successful respondent to obtain all required burning permits and to have adequate supervision and safety measures at all times during burning. No unattended burning will be allowed. 3.30. Licensing The successful respondent and all subcontractors (if any) must be appropriately licensed in Florida and provide evidence of such when responding to this solicitation. 3.31. Pavment The City's Project Manager will inspect said work and recommend payment made within thirty (30) days after receiving the final Release of Lien. The street resurfacing project, temporary street, and thermo-plastic pavement marking must be bid as a lump sum. The scope of work consists of resurfacing various sections of Steve's Road and Johns Lake Road. The work named represents a preliminary list and the estimated square yardage. The City reserves the right to add and delete streets or modify its limits to create a finalized list. The plans with street limits provided will be used for reference only. Prior to the start of the contract, City survey crews will mark in the field actual City limits if limits are adjacent to another jurisdiction. Prior to the start of the project, the successful respondent must furnish the following: A. Schedule of work, all necessary supervision, labor, materials (including water), supplies, power sweeping, notification of residents, construction tools and equipment, utilities, and all other services necessary for the streets. The successful respondent must also provide transportation, receiving, handling, storage, disposal of waste, applicable taxes, locating and covering manholes, survey monuments, valve boxes, etc. The successful respondent is required to acquire a water meter for construction work. At the conclusion 20 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 of the contract, the successful respondent will be responsible for the cleaning of covers or appurtenances to sewer and utility facilities, survey monuments, removal of all signs and markers placed as part of this work, and other cleanup deemed necessary by the City's Project Manager. The successful respondent must mark existing traffic lines and pavement markings and pavement markers with temporary floppies prior to starting micro -surfacing work. Floppies will be installed every thirty (30) feet for striping, three (3) feet for stop bars, and six (6) feet for crosswalks or as directed by the City's Project Manager, and they will remain in place after micro -surfacing placement. Any floppies pulled out by the micro -surfacing process must be immediately replaced. 3.32. Technical Requirements for Crack Filling/Sealing Additional Specifications: A. Description 1. All cracks within the specified area that are one -quarter (1/4) inch or greater must be properly prepared and sealed. Crack filling material must cure for a minimum of thirty (30) days prior to application of the micro surfacing or asphalt concrete. B. References 1. All reference standards and specifications must be the current issue or the latest revision at the first date of tender advertisement. These specifications herein are in addition to the following standards, specifications, or publications listed below: ■ ASTM D-5329: Standard Test Method for Sealants and Fillers, Hot -Applied, For Joints and Cracks in Asphaltic and Portland Cement Concrete Pavements. ■ ASTM D36: Standard Test Method for Softening Point of Bitumen (Ring -and -Ball Apparatus). ■ ASTM D3111: Standard Test Method for Flexibility Determination of Hot -Melt Adhesives by Mandrel Bend Test Method. ■ ASTM DI13: Standard Test Method for Ductility of Bituminous Materials. ■ ASTM D-2669: Standard Test Method for Apparent Viscosity of Petroleum Waxes Compounded with Additives (Hot Melts). ■ ASTM D4: Standard Test Method for Bitumen Content. ■ ASTM D6690: Standard Specification for Joint and Crack Sealants, Hot Applied, for Concrete and Asphalt Pavements. C. Submittals 21 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 1. The successful respondent must submit the specification sheets to the City's Project Manager along with the manufacturer's suggested installation procedures for the type of crack seal that is to be used. 2. A log sheet must be maintained during the crack seal operations. The original of this log sheet must be supplied to the City's Project Manager. A minimum of the following information must be recorded: a. Date, time, and amount added to the meter. The lot number from each box added must also be recorded. b. Road name, date, the time the application process starts, the amount installed, and time the application process ends. c. Weather conditions. 3. The successful respondent must supply the City's Project Manager with tickets and the corresponding actual lot numbers removed from the boxes, showing the number of gallons used for each road. 4. A log of all herbicides, if any, must be kept, and a copy must be supplied to the City's Project Manager within one (1) week of spraying. This log must include the type of material, mixture rate, application rate, location, date, and time of application. D. Materials 1. Crack Seal: Crack sealer product must be Crafco PolyFlex Type 3, product # 34521 or approved equivalent. It must be an asphalt -based product designed to be used to fill cracks and joints in asphalt. It must have the ability to seal out water. 2. Blotting Material: If required, the blotting material will be an aggregate such as cement dust, Crafco Detack or approved equivalent, or other cover aggregate approved by the City's Project Manager. E. Equipment Crack Sealant Application Equipment: Equipment used to install the sealant into the cracks must be as specified by the product manufacturer and must have the ability to fill cracks with two wands at the same time and maintain the proper temperature of the sealant throughout the sealing process. This heating unit must be a jacketed double boiler melter and must be equipped with an agitation system. The applicator hoses must have a recirculation system or be equipped with a temperature -controlled heating system. Pouring pots or gravity -fed sealant applicators must not be used for sealing cracks and joints. 2. Compressor: The compressor must have 75 C.F.M. capacity or more to ensure an adequate supply of air to effectively clean the joints. Any pneumatic tool lubricator must be bypassed, and a filter installed on the discharge valve to keep water and oil out of the lines. 22 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 3. Hot Compressed Air Equipment: A hot compressed air lance must be used to clean, dry, and pre -heat cracks prior to applying sealant. The air lance must consist of a compressor propane system providing a high -temperature, high -velocity blast of air. 4. Crack Cleaning Equipment: Cleaning of excess debris must be done by means of power sweepers, hand brooms, or air brooms. F. Work Methods 1. Weather: No sealant must be installed unless the ambient and pavement temperatures are forty (40) degrees and rising. There must be no fog and no chance of rain. Any cracks that are not sealed the same day they are prepared must be blown out with compressed air before the sealing operation continues. If rain or fog delays the sealing operation, the cracks must be allowed to dry and must have additional cleaning as required to remove any debris that may have been washed into the crack by rain. The cracks must be completely dry before the seal treatment can resume. The successful respondent may use the Hot Compressed Air Lance method of cleaning and drying the cracks with the approval of the City's Project Manager. Care must be taken not to overheat the existing asphaltic concrete surface if this method is used. 2. Surface Preparation: Prior to starting any application process, the successful respondent will be responsible for removing any existing dirt and vegetation on the asphalt. 3. Crack Cleaning: All cracks and joints must be cleaned free of all deleterious materials, including any dust, old sealant, and incompressible and organic material. When vegetation exists in the cracks and joints, it must be removed by either using a propane torch or treated with an herbicide that sterilizes the soil. The removal method is subject to the approval of the City's Project Manager. If an herbicide is used, it must be applied according to the manufacturer's specifications and must be applied ahead of the operations so that the weed is totally browned. The herbicide applicator must have the proper State of Florida Pesticide Applicator License. A copy of this license must be supplied to the City's Project Manager upon request. The successful respondent must keep a log of all herbicides, and a copy must be supplied to the City's Project Manager. All cracks must be cleaned and sufficiently dry before any crack -sealing material is applied. All cracks must be blown clean by high-pressure air. All old material and other debris removed from the cracks must be removed from the pavement surface immediately. Any cracks that are not sealed the same day they are prepared must be blown out with compressed air before the sealing operation continues. 4. Sealant Heating: The temperature of the sealant must be heated and maintained using the manufacturer's recommended procedures. The sealant compound must be melted slowly with constant agitation until it is in a lump -free, free -flowing state, 23 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 within the temperature range recommended by the manufacturer for application. Care must be taken to ensure that the sealant is not heated above the manufacturer's recommended maximum temperature or for longer than the recommended application life. The City's Project Manager will have the right to reject the product if it is determined that this has occurred. 5. Sealant Application: The sealant must be applied uniformly in the crack or joint reservoir from the bottom to the top and must be filled without the formation of entrapped air or voids. The sealant must be installed so that it is recessed approximately one eight (1/8) inch below the pavement surface to prevent tracking. The sealant must be applied to slightly overfill the reservoir and then struck off using a "V" shaped squeegee. The remaining squeegee material must be flush with the pavement surface. In no case must the width of excess material on the pavement surface exceed (4) inches. At no time must the sealant be in excess of one sixtieth (1/16) inch above the adjacent surface and must extend no more than one and a half (1-1/2) inches from the crack edges. Each wand must have removable heads so that variable width discs from two (2) to four (4) inches may be installed at the City's Project Manager's request. 6. Blotting Application: When traffic requires immediate roadway use, a blotting material must be broadcast or sprayed over the fresh sealant to prevent it from being picked up and tracked. Any excessive or spilled sealer must be removed by the successful respondent using approved methods. a. During the period of construction and the warranty period, the CONTRACTOR will be responsible for processing all claims for property damage and or bodily injury caused by the failure of the Crack Sealing, including, but not limited to, motor vehicles or pedestrians. The CONTRACTOR will be responsible for the payment of all property damage and bodily injury claims and agrees to save and hold harmless the CITY from all such claims. Claims not handled by the CONTRACTOR or their representative in the proper manner will be settled by the CITY. The CITY will recover all costs from the CONTRACTOR. b. The successful respondent will be responsible for any claims of tracking as part of this specification. If there is a claim, the successful respondent will be responsible for: Applying more blotting material as necessary. ii. Address the tracked material by either removing or repairing the affected object. G. Method of Measurement 1. The measurement must be made in the number of gallons of crack seal applied to the road and must be supported by the submittals as outlined in section C.2. The amount of crack sealer must be reported and invoiced for each road. 24 DocuSign Envelope ID: OB46437F-22E8-4E3B-BCA8-B2209ED76031 Request For Bid #RFB 24-066 Title: Street Resurfacing Services 2024 H. Basis of Payment Crack sealing must be based on a price per gallon. The unit price, as shown on the Price Schedule section of this solicitation, "Crack Seal," must be all-inclusive to include cleaning, sealing, FDOT traffic control, mobilization, and any other incidentals required to provide the City with a final product that will meet the specifications as described in the crack sealing section. All invoices must contain the purchase order number, invoice date, itemized work detail including the amount of product applied to each road, date of service specific to each location, appropriate retention, person to contact and their phone number for billing questions and location of delivery or service, and confirmation of acceptance of the goods or services by the City's Project Manager. Deficiencies and Repairs 1. Where the sealant subsides in the crack by more than one -eight (1/8) inch below the adjacent pavement surface, except where the pavement will be immediately overlaid, the surface of the sealant must be cleaned and topped up. 2. The sealant must be removed, the routed crack rerouted at the City's Project Manager's discretion, and resealed if any of the following occur: a. The sealant contains embedded foreign material other than dusting material; b. The sealant contains entrapped air bubbles; c. The sealant has de -bonded or pulled away from the crack or d. The sealant has been excessively heated. 25