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6-7-17 City Commission Agenda City Hall Commission Chambers 3650 NE 12 Avenue Oakland Park, Florida 33334 CITY COMMISSION AGENDA JUNE 7, 2017 6:30 P.M. Special Note: CRA MEETING - There will be a CRA Meeting prior to Public Comments. At that time, the Mayor will call for a recess of the City Commission meeting, open the CRA Meeting to conduct CRA business then close the CRA meeting. ROLL CALL INVOCATION - PLEDGE TO THE FLAG PROCLAMATIONS Community Enhancement (Code Enforcement) Officer Month LGBTQ Pride and Equality Month ADDITIONS/CHANGES/DELETIONS At this time, any member of the City Commission or the City Manager may request to add, change, or delete items from the agenda. PRESENTATIONS * Student of the Quarter and Character Counts 4th Quarter Awards * Zika Virus/Mosquito Control Presentation * City of Oakland Park Hurricane Readiness 2017 * Capital Improvement Program: Current Projects Update and FY 2018 CIP preview PUBLIC HEARINGS: City of OAKLAND PARK ----- FLORIDA 1 of 413 QUASI-JUDICIAL HEARINGS 1.An Application by SELA, LLC for Conditional Use Approval of Scandals Saloon Restaurant Bar at 3400 N. Andrews Avenue; Case # CD17-03CU. This public hearing was advertised in the Sun-Sentinel May 28, 2017. Exhibits:Application and Neighborhood Meeting Materials Project Narrative, Response to Conditional Use Criteria, Letter from Wilton Manors Police Mailing List Public Notice / Mailout Location Map Zoning Map Color Elevations Plan Set - Final DRC Recommendation:Open Quasi-Judicial Hearing (Mayor may change order of proceedings.) Commissioners must be continuously present during proceedings Introductory Statement Swear In Witnesses (City Attorney) City Presents it Case Petitioner/Representative Presents its Case Open Public Hearing Parties who are in support of the petition Parties who are in opposition of the petition Either Party May Question Anyone Who Spoke Final Rebuttal by Respondent Close Public Hearing Motion to Approve Conditional Use Discussion Vote on Motion 2. PUBLIC COMMENTS At this time any person will be allowed to speak on any matter that pertains to City business for a length of time not to exceed four minutes per person. CONSENT AGENDA Those matters included under the Consent Agenda are self-explanatory, and are not expected to require review or discussion. Items will be enacted by one Motion; however, if discussion of an item is requested by the City Commission, that item may be removed from the Consent Agenda and considered separately. 3.Lien Negotiated Settlement – Code Case # 179914 – Florida Real Estate Investors Fund LLC, at 731 NE 58 Court, a single family residential property. Exhibits:Settlement Request Property Location - Photo 2 of 413 Signed Offer Recommendation:Motion to Approve Staff Recommendation RESOLUTIONS AND MISCELLANEOUS 4.Unsafe Structures Board - One (1) Member A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA APPOINTING ONE (1) MEMBER TO SERVE ON THE UNSAFE STRUCTURES BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Exhibits:Resolution Application Recommendation:Motion to appoint (1) one member Discussion Vote on Motion Motion to Adopt Resolution Discussion Vote on Motion 5.Florida League of Cities - Voting Delegate for 91st Annual Conference Exhibits:Florida League of Cities Voting Delegate 12-14-16 Agenda Item 13 R-2016-135 Recommendation:Motion to Appoint _________ Discussion Vote on Motion 6.MPO Citizen Advisory Committee Member Appointment A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPOINTING A CITIZEN TO THE MPO CITIZEN ADVISORY COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Exhibits:Resolution MPO Citizen Advisory Committee Recommendation:Motion to Appoint _________ Discussion Vote on Motion Motion to Adopt Resolution Discussion Vote on Motion 7.A Resolution Authorizing the execution of a Second Amendment to Parking Waiver Agreement with AKB Realty, LLC (Allied Kitchen and Bath) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO THE PARKING WAIVER AGREEMENT WITH AKB REALTY, LLC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Exhibits:Resolution Proposed Second Amendment 3 of 413 Original Parking Waiver Agreement and Resolution First Amendment Recommendation:Motion to Adopt Resolution Discussion Vote on Motion 8.Resurfacing of Area Impacted by Water Service Improvements A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A WORK AUTHORIZATION WITH ALL COUNTY PAVING FOR ASPHALT RESURFACING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Exhibits:Reolution Proposal - All County Paving Proposal-Metro Equipment Services Inc. Proposal--DBF Photos of Condition of Parking Lot after City's project Location Map Recommendation:Motion to Adopt Resolution Discussion Vote on Motion 9.NW 36th Street Drainage Improvements A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A WORK AUTHORIZATION WITH MOLLEY BROS. INC. TO PROVIDE DRAINAGE IMPROVEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Exhibits:Resolution Exhibit A- Picture of Street Flooding/Ponding Exhibit B-Proposal from Molloy Bros. Inc. Exhibit C - Contract with Ft. Lauderdale Exhibit D - Aerial Map Recommendation:Motion to Adopt Resolution Discussion Vote on Motion 10.Work Authorization for the development of a plan for the demolition and conceptual re-design of the WWTP Structures, PW Operations Center A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A WORK AUTHORIZATION WITH CRAVEN THOMPSON AND ASSOCIATES FOR THE DEVELOPMENT OF A PLAN FOR THE DEMOLITION AND CONCEPTUAL REDESIGN OF THE OLD WASTEWATER TREATMENT PLANT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Exhibits:Resolution WWTP Dedication Plaque WWTP Photo 1 WWTP, Photo Craven Thompson Work Authorization Proposal FY '16/'17 Capital Budget Sheet for Project 4 of 413 Facility Siting Report Recommendation:Motion to Adopt Resolution Discussion Vote on Motion 11.Reallocation of 42nd Year Community Development Block Grant Funds A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO REQUEST A REALLOCATION OF THE 42ND YEAR CDBG FUNDS OF $171,068 TO THE CONSTRUCTION OF A PARKING LOT LOCATED ON CITY OWNED PROPERTY AT 3399 N. DIXIE HIGHWAY AND 3300 NE 11TH AVENUE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE APPROPRIATE AGREEMENT UPON BROWARD COUNTY BOARD OF COMMISSIONERS APPROVAL OF THE REALLOCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Exhibits:Resolution 42nd Year Original Item - December 16, 2015 January 18, 2017 Agenda Item and Resolution Parking Lot Location Recommendation:Motion to Adopt Resolution Discussion Vote on Motion 12.City Manager Annual Review Exhibits:CM Employment Agreement Recommendation:City Commission Discussion and Direction CITY COMMISSION DISCUSSION ITEMS 13.Mayor Adornato - - Offshore Drilling Resolution Amendment REPORTS 14. FROM THE CITY COMMISSION 15. FROM THE CITY MANAGER A. Development Applications Update through 5/26/2017 Exhibits:Development Activity Report B. City Code on the Repair and Replacement of Sidewalks Exhibits:Minimum Construction Standards 16. FROM THE CITY ATTORNEY A. City Attorney Report for June 7, 2017 Exhibits:June 7, 2017 Report 5 of 413 ADJOURN This meeting facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to the meeting. Please contact the City Clerk's Office by telephone: 954.630.4300, or via Fax: 954.630.4302 for information or assistance. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, the person will need a record of the proceedings, and that, for such purpose, the person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. I, the undersigned authority, certify the above Notice of Meeting of the City Commission of the City of Oakland Park is a true copy of the Notice posted on the outdoor bulletin board at the main entrance of City Hall, a place convenient and readily accessible to the general public at all times. Posted:__________________________By: Renee M. Shrout Renee M Shrout, CMC City Clerk 6 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. MEETING DATE: 6/7/2017 PREPARED BY: City Clerk's Office DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: Community Enhancement (Code Enforcement) Officer Month 1. BACKGROUND/HISTORY 2. CURRENT ACTIVITY 3. FINANCIAL IMPACT 4. RECOMMENDATION ATTACHMENTS: Descr ipt ion Community Enhancement (Code Enforcement) Officer Month Item # 7 of 413 STATE OF FLORIDA CITY OF OAKLAND PARK PROCLAMATION WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of the building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers deserve recognition for the jobs that they perform in protecting lives and improving communities; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, the Florida Association of Code Enforcement (F.A.C.E.) has declared the first week of June be set aside by local government to honor and recognize Code Enforcement Officers; and NOW, THEREFORE, the City Commission of the City of Oakland Park proclaims the week of June 2 through June 6, 2017 as CODE ENFORCEMENT OFFICERS APPRECIATION WEEK in the City of Oakland Park, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Oakland Park, Florida, to be affixed this 7th day of June, 2017. BY: JOHN ADORNATO III, MAYOR ATTEST: RENEE M. SHROUT, CMC, CITY CLERK Item # Attachment #1 Page 1 of 1 8 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. MEETING DATE: 6/7/2017 PREPARED BY: City Clerk's Office DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: LGBTQ Pride and Equality Month 1. BACKGROUND/HISTORY 2. CURRENT ACTIVITY 3. FINANCIAL IMPACT 4. RECOMMENDATION ATTACHMENTS: Descr ipt ion LGBTQ Pride and Equality Month Item # 9 of 413 STATE OF FLORIDA CITY OF OAKLAND PARK PROCLAMATION WHEREAS, Oakland Park is committed to equal rights for all in Florida, having adopted provisions in its City Ordinances protecting Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) employees from discrimination with the inclusion of “sexual orientation,” “gender expression” and “gender identity” as protected classes; and WHEREAS, Oakland Park proudly supports efforts to forge a more inclusive society and has pioneered the way in South Florida and all of Florida by being one of the first cities to provide its employees with domestic partner benefits, recognizing the diversity of family configurations and relationships inclusive of the LGBTQ Community; and WHEREAS, the Municipal Equality Index deemed Oakland Park as one of only 8 cities in Florida to be named as an All-Star City in 2016 for its equality efforts despite the challenge of hailing from a state without LGBTQ-inclusive statewide non-discrimination laws. NOW, THEREFORE, the City Commission of the City of Oakland Park, Florida, by virtue of the authority vested in it by the Charter of the City of Oakland Park, does hereby authorize Mayor John Adornato III to proclaim June 2017 as LGBTQ - Pride and Equality Month . IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Oakland Park, Florida, to be affixed this 7th day of June, 2017. BY: JOHN ADORNATO III, MAYOR ATTEST: RENEE M. SHROUT, CMC, CITY CLERK Item # Attachment #1 Page 1 of 1 10 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. MEETING DATE: 6/7/2017 PREPARED BY: Heidi Burnett, Director of Parks & Leisure Services DEPARTMENT HEAD APPROVAL: PARKS & LEISURE SUBJECT: Student of the Quarter and Character Counts 4th Quarter Awards 1. BACKGROUND/HISTORY The Student of the Quarter award is an initiative of the City's School Advisory Board. Each quarter a student is selected from an Oakland Park I-Zone school. Elementary schools select a 5th grader, the middle school selects an 8th grader and the high school selects an 11th grader. Students must excel in the areas of good behavior, attendance, attitude and academics. The Character Counts Award is an initiative of the two aftercare locations in the City of Oakland Park. One student is chosen from Spiher Recreation Center and one from North Andrews Gardens Recreation Center. Students must meet the specific character traits set forth in the award program and display them in their interactions at aftercare. 2. CURRENT ACTIVITY The following students have been selected for the 4th Quarter Student of the Quarter: Janara Villatoro from North Andrews Gardens Elementary School Leilani Alvarenga from Oakland Park Elementary School Augusto Daniel Fernandez from Rickards Middle School The following students have been selected for the 4th Quarter Character Counts Award: Tyler Rush, a first grader from North Andrews Gardens Elementary School nominated from the North Andrews Gardens Recreation Center. Item # 11 of 413 Dominik Malave, a Kindergartner from North Andrews Gardens Elementary School nominated from Spiher Recreation Center. 3. FINANCIAL IMPACT None. Certificates created in house. 4. RECOMMENDATION Proceed with the awards presentation. Item # 12 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. MEETING DATE: 6/7/2017 PREPARED BY: Albert Carbon II, P.E., Public Works Director DEPARTMENT HEAD APPROVAL: PUBLIC WORKS SUBJECT: Zika Virus/Mosquito Control Presentation 1. BACKGROUND/HISTORY On May 31, 2017, City of Oakland Park staff welcomed Representatives from Broward County's Mosquito Control Section to facilitate a training on the City's role in Zika Virus and mosquito control outreach efforts. This training was held at one of our community centers and key staff from the following City departments were in attendance: Public Works Engineering Parks & Leisure Services This educational presentation covered the process of identifying mosquito breeding locations, spraying and a tablet demonstration. 2. CURRENT ACTIVITY Ahh Ton, Division Director of Broward County’s Highway & Bridge Maintenance Division will be presenting an update on mosquito population control and community outreach efforts. 3. FINANCIAL IMPACT 4. RECOMMENDATION Item # • • • 13 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. MEETING DATE: 6/7/2017 PREPARED BY: Stephen Krivjanik, Acting Fire Chief DEPARTMENT HEAD APPROVAL: Fire Admin SUBJECT: City of Oakland Park Hurricane Readiness 2017 1. BACKGROUND/HISTORY Issues Statement: Each year the looming hurricane season requires South Florida residents to review their emergency hurricane plans. This is usually accomplished by receiving updated hurricane preparation information and ensuring their personal and community plans are current. 2. CURRENT ACTIVITY The fire rescue department is conducting requested hurricane informational briefings to residents of Oakland Park at home owner association meetings. The fire department is planning on providing a brief hurricane update to the commission. 3. FINANCIAL IMPACT N/A 4. RECOMMENDATION N/A Item # 14 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. MEETING DATE: 6/7/2017 PREPARED BY: Jennifer Frastai, Director Engineering & Community Development Albert Carbon, Director Public Works DEPARTMENT HEAD APPROVAL: ECD Engineering SUBJECT: Capital Improvement Program: Current Projects Update and FY 2018 CIP preview 1. BACKGROUND/HISTORY Staff will provide a presentation of the current and FY 2018 Capital Improvement Program preview. The 5-year CIP plan will be presented as part of the City Manager's Budget recommendation in July. 2. CURRENT ACTIVITY N/A 3. FINANCIAL IMPACT N/A 4. RECOMMENDATION N/A Item # 15 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 1 MEETING DATE: 6/7/2017 PREPARED BY: Kristen Nowicki, AICP Senior Planner Stephen Scott Assistant Director of Engineering & Community Development Jennifer Frastai, Director Engineering and Community Development Department DEPARTMENT HEAD APPROVAL: ECD Planning & Building SUBJECT: An Application by SELA, LLC for Conditional Use Approval of Scandals Saloon Restaurant Bar at 3400 N. Andrews Avenue; Case # CD17-03CU 1. BACKGROUND/HISTORY Issue Statement: The applicant, SELA, LLC, is proposing to construct a building and operate the Scandal’s Saloon Restaurant Bar at the southern end of the existing commercial center at 3400 N. Andrews Avenue (in the “Festival Center” Shopping Plaza). Folio #: 4942-2248-0010. Recommended Action: Staff recommends that the City Commission consider the Conditional Use application and suggested conditions. Staff has determined that this application meets the requirements of the zoning codes and district regulations, as well as the requirements for consideration as a Conditional Use. The Planning and Zoning Advisory Board made a motion to recommend approval of the conditional use for Scandals Saloon with staff's suggested conditions at its May 22, 2017 meeting. The motion passed 3-0 with one member abstaining and one member absent. Item # 1 16 of 413 The property has a Land Use Classification of C, Commercial, and a Zoning District of B-1, Community Business. The adjacent surrounding uses include the existing shopping/recreational plaza (Crunch Fitness, America’s Got Soccer, Save a Lot grocery store, and Project Rock- climbing gym) and a Speedway gas station to the north and west, industrial warehouses (I-1 Light Industrial zoning) to the south and east. 2. CURRENT ACTIVITY The business, “Scandals Saloon”, a country western themed bar is currently in operation in the City of Wilton Manors on NE 6th Avenue, just south of Oakland Park Boulevard. In their current location, the business is a bar only. The proposed location in Oakland Park would replace the previous location, and add a full-service restaurant. At the P&Z meeting the plan presented provided for a DJ on the patio. Staff has since confirmed with the applicant that “DJs” will not be located outdoors and/or in the patio area. The Land Development Code requires restaurant bars to obtain a “Use Approval”. The Code also requires new businesses operating anytime between the hours of 12 AM and 5 AM (referred to in the code as a “24 hour business”, defined below) to obtain a Conditional Use approval. The applicant has requested business hours to go until 2AM. Therefore, approval of a Conditional Use is required. If approved, there will be a separate administrative review process by the City before the after midnight license is granted. 2 AM licenses are subject to annual review and the criteria includes approval by Broward Sheriff’s Office and proof of additional staff service training. Applicable Codes: City of Oakland Park, Land Development Code, Definitions Restaurant Bar: "Restaurant bar" means a bar and any delineated area associated with such bar which is operated in connection with a restaurant and by the same management, where the principal business is the serving of full course meals and where meals are actually and regularly served. The gross floor area of such "restaurant bar" shall not exceed twenty-five (25) percent of the total customer service area of the premises. The "restaurant bar" must be directly connected with the dining room. The sale of beers, wines and liquors shall be strictly incidental to the serving of food. The sale of beers, wines and liquors shall be prohibited except during the time the restaurant is actually engaged in and open to the public for the serving of full course meals. No sign of any character shall be displayed on or in the restaurant or bar to the outside denoting that alcoholic beverages are sold therein. Section 3-1(j) Twenty-four hour Business: Any establishment or use that is or will, at any time during a calendar year, be open for business or operate at any time between the hours of twelve (12) midnight and five (5) a.m. This definition shall not include government operations and facilities, hospitals and medical care facilities, self-storage uses, offices, veterinarian and animal care, first permitted uses in the B-3 and I-1 zoning districts, transportation services, day care, group homes, construction activities, or utility companies. Item # 1 17 of 413 Section 24-41 (E) §24-41 Master Business List (B)(9) Any principal or accessory twenty-four (24) hour business shall be reviewed and considered according to the conditional use provisions set forth herein. §24-165 Conditional Uses (A) Procedure. Conditional uses shall be subject to approval of the city commission after recommendation by the planning and zoning board, and no conditional use shall be approved until after a public hearing by the city commission, at which time all interested parties shall have an opportunity to be heard. (B) Site plan. A site plan in accordance with section 24-164 above shall be submitted. In addition, if not required for article XIII, traffic generation data shall be included. (C) Review criteria. The Commission shall not approve a conditional use, unless and until it finds that: (1)The proposed use is essential to the proper functioning of a utility system or is specifically listed as a permitted conditional use in the district in which it is to be located; (2)The use is deemed desirable for the public convenience or welfare, and the use is in harmony with the purpose and intent of this chapter and will not be detrimental or injurious to the surrounding area. (3)When granting approval for conditional use, the board may attach conditions and safeguards, in addition to those prescribed in the district regulations, as they determine are necessary for the protection of the surrounding area and to preserve the spirit and intent of the ordinance. (4)The application must also meet all of the following criteria, where appropriate: (a)Conformance with comprehensive plan. (b)Harmony with adjacent uses (existing or zoned). (c)Facility levels of service maintained. (d)Use not hazardous to nearby housing, particularly traffic; see (B) above. (e)The architectural and site design are compatible with the character of the surrounding area. Findings / Conditional Use Neighborhood Participation requirements have been satisfied for this application (24-163). The application has been reviewed by the Development Review Committee (DRC) and plans meet the requirements of the zoning and landscaping codes, as well as the requirements for consideration by City Commission as a Conditional Use. Staff has determined that this application complies with the procedural requirements of the Land Development Code identified in Section 24-165 as well as applicable Comprehensive Plan procedures. The applicant addresses Section 24-165(C), Conditional Use criteria (see attachment). In accordance with: 24-165(C)(3), When granting approval for conditional use, the board may attach conditions and safeguards, in addition to those prescribed in the district regulations, as they determine are necessary for the protection of the surrounding area and to preserve the spirit and intent of the ordinance. To address any potential safety impacts, while the applicant has stated that CCTV will be Item # 1 • • • • • 18 of 413 incorporated in the project, staff suggests the following condition be considered: 1. Ensure that the property incorporates site wide CCTV cameras which are monitored by personnel. The Planning and Zoning Advisory Board made a motion to recommend approval of the conditional use for Scandals Saloon with staff's suggested conditions at its May 22, 2017 meeting. The motion passed 3-0 with one member abstaining and one member absent. 3. FINANCIAL IMPACT N/A 4. RECOMMENDATION The City Commission conduct a public hearing and consider the Conditional Use application and suggested conditions. ATTACHMENTS: Descr ipt ion Application and Neighborhood Meeting Materials Project Narrative, Response to Conditional Use Criteria, Letter from Wilton Manors Police Mailing List Public Notice / Mailout Location Map Zoning Map Color Elevations Plan Set - Final DRC Item # 1 • 19 of 413 Item # 1Attachment #1 Page 1 of 4 DEVELOPMENT PERMIT APPLICATION The type of development permits for which this form is used and a fee schedule are listed on page 5. Application requirements and required separate attachments for each request type are on page 8. Prior to the application submission contact the Plannin and Zonin Division for an a ointment at 954-630-4339. STAFF USE ONLY Date Submitted: D\7 - Project Name: Sc \ Folio No(s). Lf,q • q'2 · 2.'2 · 2 •'22-· ~ · t:A:>II Address of property: Legal Description: (or attach description)1u,o"f !,\-1 () Gross Acres: Title to this Property has been held since: Existing Use of Property (include no. and sq. ft. of existing structure(s): Proposed Use of Property (include no. and sq. ft. of proposed structure(s): Section , Township, Range: OWNER/ APPLICANT INFORMATION City: Zip Code: '3~'? Phone: Fax: Signature: 3o!, Zip Code: ~Oo I Office Phone: Fax: Email Address: 4 20 of 413 Item # 1Attachment #1 Page 2 of 4 DesignTech .· International Neighborhood Participation Meeting Report Summary of Meeting On November 29 th we held our Neighborhood Participation Meeting at 7Pm at the America's Got Soccer Conference Room located at the Festival Shopping Center, where the new Scandals Restaurant/ Bar will be located. We invited both Jeff Heyler, Lloyd Estates Neighborhood Assn and Saundra Edwards Harlem McBride Neighborhood Assn. to attend our meeting. Attached is a list of those that attended the meeting. Also attached is a copy of the boards presented at this meeting. A few questions were asked regarding the submission of drawings, start date of construction, opening date of the building and whether or not a Public Hearing would be held. There was a lot of excitement as we walked them through the design of the building and discussed the restaurant component of this project. This was a very positive meeting with those that attended and no concerns or contrary points of view were brought up with the project. I've also attached the Sign-In Sheet and the email sent to both Homeowners Associations. The Affidavit of Compliance will be forth coming. 21 of 413 Item # 1Attachment #1 Page 3 of 4 Neighborhood Participation Meeting Program Affidavits of Compliance I certify that: The Report on Neighborhood Participation Meeting Program submitted herewith is complete and accurate. I understand that I am solely responsible for the accuracy and completeness of this report and that any errors and/or omissions may result in the rejection of my Development Permit Application on grounds that it is incomplete or not accurate. Complete Affidavits (A) or (B) depending on your circumstances: Affidavit A (A) Homeowners Association, Individual, or Executive Officer Meeting Verification & Signatures to Confirm Meeting (must attach sign -in sheet as verification): Meeting Date: ~1112. Time : 6, fi-1 Locat10n: __ 's G,c>-r .QxGi~ lrr11-tefJS1"•\IAL-St-\cf~~~ ~ A STATE OF FLORIDA) COUNTY OF BROWARD) I he reby certify that on t!)..is day b~e, an officer duly qualified to take jl C owJed i;ements, p e rsonally appearedLbf\O) ro to m e known or who produced ~L,-; ') UG 11 as identification, who signed the foregoing instrument and he ac nowledged the execution thereof to be his free act and deed for the uses and purposes therein mentioned and acknowledged before me that he ex ecuted same. Witness my hand and official seal in County and State last aforesaid this '2..'f day of 00(\,UQ~ , 20_(}. **Meeting Verification & Sign-In sheet form must be attached . .... -,;:.,._, .. ~~;/ ... LIXANDRA MORALES .-.o . ~ '•'(>'• (:( ~ ':) MY CO MMI SS ION #FF16 27 87 ··--.,:.~Y0,~/ E X PIRE S October 4, 2018 ',,;c a F ~ .. · _(40;j"39 8·:~ 1 s:i Fl o rid aNotarySe rvi ce.com Neighborhood Participation Meeting Program Guide Page 4 22 of 413 Item # 1Attachment #1 Page 4 of 4 To HOA Group Individual: Signing this sign -in sheet does not imply approval or support of the project, just confirmation that a meeting was held pursuant to the ordinance. Par ti c ip ant Signat ures : ll ~J fs_±...,±e 5 1\Jei.5 k bu l .. J 19. _________ Ac;s.e>c. 20. ----------- 21. ----------- 22. ----------- 23 . ----------- 24. ----------- 25 . ----------- 26 . ----------- 27. ----------- 12. -----------28 . ----------- 13 . 29. ---------------------- 14 . 30 . ---------------------- 15 . 3 1. ---------------------- 16 . 32. ----------------------~Sr Attead ee or Represent aHv e Sig nat~re(s) (print names below): -~,t.1};, (o , , THIS PROPOSED DEVELOPMENT IS NOT ENDORSED BY THE CITY OF OAKLAND PARK AND IF SUBMITTED WILL BE REVIEWED FOR COMPLIANCE WITH ALL APPLICABLE CODES AND THE COMPREHENSIVE PLAN. 23 of 413 Item # 1Attachment #2 Page 1 of 6 February 6 , 2017 To: Development Review Committee CITY OF OAKLAND PARK Fm: Ken Kelley 3073 NF, 6th Ave nu e• Wilt o n Mano r s, Fl o rid a 33331 954-567-2 432 * (F) 954-56 1-352 1 WWW .S A ND A LSF LA .CO M (For the purposes of clarification, language in this document referring to "the business", and "I", "We" "My" or "Us " is defined as : The Business: Scandals Bar & Lounge LLC dba Scandals Saloon I, We My or Us: Ken Kelley, owner/operator of the business) The architectural firm Design Tech International, Miami Lakes, Florida, represented by vice president Carlos Cardoso , submitted architectural plans on January 24, 2017 to the City of Oakland Park Development Review Committee. The plans represent what will become a newly constructed commercial building in the Festival Shops Plaza, 3400 N. Andrews Avenue, Oakland Park, Florida. As shown on the architectural plans, the building will be occupied by Scandals Saloon, a night club curre ntly located in Wilton Manors, Florida. The following outlines the scope of this project and the intended use by the business: PROJECT DESCRIPTION: A s ingle story , 6 ,460 sq . ft . Restaurant/Bar consist ing of 3,940 sq . ft. under air and 2,520 sq. ft. covered outdoor patio. The building will be located on the South end of the Festival Shops Plaza next to the Save A Lot grocery store. Inside there will be thirty-two (32) tables with one hundred twenty eight (128) chairs, thirty five (35) bar stools and two (2) bars, serviced by a full service kitchen. On the covered patio , there will be six (6) tables with twenty-four (24) chairs, twenty-two (22) bar stools , serviced by two (2) bars and the aforementioned kitchen . Flooring will consist of poured concrete throughout with the exception of an approximately 18' x 24' area , located within the northwest section of the interior, consisting of hardwood flooring. An approximately 5 foot square DJ booth will be located next to the interior northeast service bar and an approximately 5 foot square DJ booth on the patio next to the northeast service patio bar . Please refer to the architectural plans for exact measurements and locations of these areas . INTENDED USE: The business will operate as a full service restaurant and bar . An approximately 17' x 13 ' kitchen will be located in the southeast interior of the building. The menu will consist of appetizers , soups , entrees and desserts. Dining will be available in all areas of the business, including the service bars. Furniture will consist of tables with chairs, high top tables with stools , and bar stools at the service bars. The business has a country/western theme and as such , dancing is a significant draw for our customers , primarily on Friday and Saturday nights. The hardwood floor area referenced above will serve a dual purpose . High top tables and stools will be positioned on the hardwood floor area for dining and will be repositioned for customer dancing at various times. 24 of 413 Item # 1Attachment #2 Page 2 of 6 Page 2 February 6, 2017 Development Review Committee, City of Oakland Park HOURS OF OPERATION: Daily 11 am -2am. The business was located in Oakland Park from 2004 -2007 and I am aware of the City of Oakland Park requirement to obtain an 'after midnight permit'. My intention is to apply for the after midnight permit at this time. In the unlikely event the City Commissioners deny my after midnight permit application, I have every intention of the business occupying this building with a change in hours to daily 11 am -Midnight. Therefore, I request the permitting process not be delayed while I navigate the after midnight permit process. GOOD NEIGHBOR POLICY: A restaurant/bar with a patio can generate a certain amount of noise. The business current location has a patio with residential neighbors within 1,000 yards. We have designed the sound system using very high end speakers which direct the sound downward as opposed to outward. We also volume control the level of sound from the DJ's keyboard as well as the juke boxes. We will design the building with sound transmission concerns in mind by using techniques such as wall insulation and landscaping buffers. I certainly wish to be a good neighbor to the surrounding tenants and residents in the new locations and I assure the City of Oakland Park I will, at all times, institute our good neighbor policy as we have done for the past nine (9) years in Wilton Manors. PARKING: One of the major advantages in occupying the space in the Festival Shops Plaza is the abundance of customer parking. With the building located on the South end of the plaza and with 70 parking spaces on the east and south end of the building, we will have two (2) very close entrances from NE 33 rd Street into this parking field. Over 50% of the business customers reside in Wilton Manors and Fort Lauderdale. Those customers most likely will travel a route that will bring them into the plaza from NE 33 rd Street. The location of the building and the parking field will greatly relieve the demand of traffic entering from North Andrews Avenue. THE BUSINESS HISTORY & FUTURE: The business has been in operation for twelve (12) years. We support a number of charitable organizations and hold fundraising events periodically throughout the year. The business has enjoyed a successful operation since the day the doors opened in the City of Oakland Park. The business is a themed venue and even though all restaurants/bars are competing for the same customer base, our unique country/western theme provides us with a significant advantage. Operating as a full service restaurant/bar will provide the business with that much more of an advantage among our competitors. The future of the business is dependent upon your approval, allowing the business to operate in this new building and joining the vibrant community that has become the City of Oakland Park. 25 of 413 Item # 1Attachment #2 Page 3 of 6 Des ignrech International Associates, Inc. Architecture Planning Interior Design May 11, 2017 • Sec. 24-165. -Conditional uses . (C) Review cr ite ria . Th e Co mmi ss io n s ha ll no t app rove a co nditi o nal use, unl ess a nd until it find s th a t: (1) (2) (3) (4) Th e p ro pose d use is esse nti a l to th e prop e r fun c ti o nin g of a utilit y sys te m o r is s pec ifi ca ll y li s ted as a pe rmitt ed co nditi o na l use in th e di s tri c t in whi c h it is to be loca te d ; Zoning District = B-1 -Community Business District Permitted Uses= Restaurants with outdoor seating not exceeding 49% of the total gross floor area of the interior customer service area Th e use is dee med des ir a bl e fo r th e pu b li c co nve ni e nce o r we lfar e, a nd th e use is in ha rm o ny with th e pu rpose a nd inte nt of thi s c hapt er a nd will no t be detrim e nt al o r injuri ous to th e s urr o undin g a rea. The proposed use is for a Restaurant / Bar in the Festival Shopping Center. This center has many active uses such as a Gym, an Indoor Soccer facility, a Drive Thru Restaurant, a Rock Climbing Facility and a proposed Batting Cage facility and we feel this establishment will help service the current clientele. Scandals has been a thriving business in the area for over 12 years with its roots in Oakland Park. Wh en gra ntin g app rova l fo r co nditi o nal use, th e boa rd may a tt ac h co nd iti o ns a nd safeg ua rd s, in additi o n to th ose presc rib ed in th e di s tri c t reg ul a ti o ns, as th ey de te rmin e a re necessa ry fo r th e prot ecti o n of th e s urr o undin g a rea a nd to prese rv e th e spirit and int e nt of th e o rdin a nce. Scandals has been in business for over 12 years in good standing with the cities of Oakland Park and Wilton Manors. In the past 3 years the City of Wilton Manors Police Department has documented 5 incidents of complaint 2 noise related ( one unfounded and one complied with in a timely manner) two signage violations ( compliance in less than 30days) and one fire inspection (full compliance at the time of inspection). See attached document from the City of Wilton Manor Police Department. Scandals understands the importance of being part of a community and will work with the City of Oakland Park with any concerns they may have. Th e appli ca ti o n mu s t a lso mee t a ll o f th e fo ll owin g c rit e ri a, w he re a pp rop ri a te: (a) Co nfo rm a nce with co mpr e he ns ive pla n . This property conforms to the Comprehensive Plan in that it meets the intent for a commercial property specified for this location. It complies with the permitted use for 14125 NW ao'h Avenue, Suite 303, Miami Lakes, Fl. 33016 • Telephone: (786) 235-9097 • Fax: (305) 362-4420 www.dtiarchitect.com • M 26001933 26 of 413 Item # 1Attachment #2 Page 4 of 6 Desi gnrech International Associates . Inc. Architecture Planning Interior Design (b ) (c) (d) this property and it is surrounded by either commercial or industrial properties which form a buffer between our property and any residential properties. Harm o ny w ith adj ace nt uses (ex istin g or zo ned). The existing immediate surrounding is an industrial / warehouse district, Zoned either 1-1 (Light Industrial) or B-1 Community Business District, our property is Zoned : B- l Community Business District. The surrounding properties form a buffer between our site and any residential sites. The new tenant has been in operation either in Oakland Park or the neighboring Wilton Manors for more than 12 years and has enjoyed a solid relationship with each City. Every attempt will be made to exceed the expectation of the CPTED Guidelines and work with local law enforcement to implement the suggested devices, signage, lighting and cameras to help deter crime. Ownership will also use the tricks of the trade learned throughout their years as an establishment owner, to make sure the patrons are pleased with the level of service, that the community enters a safe and welcoming environment and the noise levels meet the appropriate levels. Facilit y le ve ls of servic e maintain ed. Since this is a new ground up facility, the level of service will be increased but fall well within the capacity requirements needed for this establishment in terms of water, sewer and fire. The level of service will be increased for Police monitoring, however, our client has a good track record working with Law Enforcement, see attached document from the Chief of Police of Wilton Manors. Use no t ha za rd o us to nearb y hou s in g, parti c ul a rl y traffic; see (B) above . The immediate surrounding area is Zoned either 1-1 Light industrial / warehouse district or B-1 Community Business District, the site design of the building and existing entrances at the south (Northeast 33 rd Street)and east (Northeast 2nd Avenue), lends itself to aide in the reduction of traffic particularly nearest the residential areas along Andrews Avenue. Every attempt will be made to exceed the expectation of the CPTED Guidelines and work with local law enforcement to implement the suggested devices, signage, lighting and cameras to help deter crime. Ownership will also use the tricks of the trade learned throughout their years as an establishment owner, to make sure the patrons are pleased with the level of service, the community enters a safe and welcoming environment and the noise levels meet the appropriate levels. Noise levels will be controlled through the use of buffering layers such as solid face fencing, landscape and sound orientation. All speakers will be oriented inward into the space as opposed to facing the parking areas to assist in noise . 14125 NW Bdh Avenue, Suite 303, Miami Lakes, Fl. 33016 • Telephone: (786) 235-9097 • Fax: {305) 362-4420 www.dtiarchitect.com • AA 26001933 27 of 413 Item # 1Attachment #2 Page 5 of 6 Des i gn rech International Associates, Inc. Architecture Planning Interior Design (e) Sincerely, T he a rchi tectur a l a nd sit e des ig n a re co mp a tibl e with th e c ha rac te r of th e s ur ro undin g area . DTI has taken elements of the existing structure such as the cornices on the parapets, building colors and stone work and used them on the new facade to tie this new building in with existing shopping center. The site design of the building and existing entrances at the south (Northeast 33 rd Street) and east (Northeast 2nd Avenue), opens the use of these under-utilized secondary access arteries while aiding in the reduction of traffic particularly nearest the residential areas along Andrews Avenue. Carlos Cardoso May 11, 2017 D es ig n Te ch In te rnational A sso ciates, Inc . Project Manager 14125 NW adh Avenue, Suite 303, Miami Lakes, Fl. 33016 • Telephone : (786) 235-9097 • Fax: (305) 362-4420 www.dtiarchitect.com • M 26001933 28 of 413 Item # 1Attachment #2 Page 6 of 6 Pa ul O'Conn e ll, Chi ef of Poli ce To whom it may concern : WILTON MANOR!i 20 20 Wilton Drive WIiton Manors, FL 33 305 The following is a summary of known code and law enforcement encounters which occurred at the business identified as "SCANDALS" located at 3073 NE 6 Avenue in Wilton Manors between 2014 and 2016 . During the years 2014 , 2015 and 2016 there was a total of five (5) code compla ints . Two (2) noise complaints (one unfounded & one complied with in a timely manner), two signage violations (compliance in less than a month for each) and one fire inspection (full compliance at the time of inspection). During the years 2014 , 2015 and 2016 there was a total of 59 calls for police servi ce which was, for a bar over a time frame of three (3) years , a demand for service well within reason below average . Should you be in need of further information , do not he sitate to contact my office . Paul O'Conn e ll Chief of Polic e Admi nistration: 954-390-2 150 w ww.wmpd .o rg Fa x: 954-39 0-2189 29 of 413 Properties within 750 feet of Proposed Scandal's Saloon Restaurant Bar NAME ADDRESS CITY STATE ZIP 122 BUILDING LLC 319 GRANDVIEW DR KODAK TN 37764 133ROI LLC PO BOX 4175 FORT LAUDERDALE FL 33338 281 N E 32ND STREET REALTY LLC 281 NE 32 ST OAKLAND PARK FL 33334 4511 WAREHOUSE L L C PO BOX 540804 LAKE WORTH FL 33454 88 STREET REAL ESTATE/ PARKCREST APTS 150 NE 38 ST APT 2 OAKLAND PARK FL 33334 88 STREET REAL ESTATE MANAGEMENT 4065 BRIARWOOD AVE SEAFORD NY 11783 ABEMAX LLC 21500 BISCAYNE BLVD #504 AVENTURA FL 33180 ABOUT TOWN LOCK & SAFE CO 2404 N DIXIE HWY WILTON MANORS FL 33305 AIELLO PROPERTIES LLC 200 NE 32 ST OAKLAND PARK FL 33334 ALAYO,LINO 6120 SW 44 ST DAVIE FL 33314 ALAYO,TASLIMUN 611 NW 74 AVE PLANTATION FL 33317 ALCORN,HERMINIA H/E 121 NW 33 ST OAKLAND PARK FL 33309 ALEJO,OTTO L & ELIZABETH A 81 NW 35 CT OAKLAND PARK FL 33309 ALEXANDRE,ILRICK &3664 NE 1 AVE OAKLAND PARK FL 33334 ALL COUNTY DISASTER 224 NE 32 CT OAKLAND PARK FL 33334 AMA INVESTMENTS OF FLORIDA LLC 30 COMPASS ISLE FORT LAUDERDALE FL 33308 AMOEBA OAKLAND LLC 141 NW 33 ST OAKLAND PARK FL 33309 ARKITEK LLC 900 N FEDERAL HWY #306 HALLANDALE BEACH FL 33009 ARPIN,DONNALD 4920 N DIXIE HWY OAKLAND PARK FL 33334 BAILEY,MICHAEL 251 NE 35 ST OAKLAND PARK FL 33334 BARRIOS,MANUEL JR & KRISTINE M 100 NW 34 ST OAKLAND PARK FL 33309 BATISTA,ALEJANDRO F 16262 NW 8 DR PEMBROKE PINES FL 33028 BEASLEY,CYNTHIA M 2730 NW 21 AVE OAKLAND PARK FL 33311 BEASLEY,JULIA MAE POOLE,AUDREY L 212 NE 35 CT OAKLAND PARK FL 33334 BECHER PROPERTIES LLC 11419 MILLPOND GREENS DR BOYNTON BEACH FL 33473 BECK,JOSEPH LEWIS,JOHN 240 NW 33 ST OAKLAND PARK FL 33309 BECK,STEVEN RAY 50 NW 33 ST OAKLAND PARK FL 33309 BEDFORD,WILLIAM S 300 E GULL LAKE DR AUGUSTA MI 49012 BEZHDREMOV,DIMITAR 3441 NE 3 AVE OAKLAND PARK FL 33334 BIELIK,DENNIS M 221 NW 35 CT OAKLAND PARK FL 33309 BISCAYNE 4400 PARTNERS LLLP ETAL %RYAN PO BOX 460189 HOUSTON TX 77056 BLUE SKIES REALTY INVESTMENTS 3003 GRANADA ST FORT LAUDERDALE FL 33304 BOLINDER,DERICK SMITH,RICHARD G 801 NW 34 ST OAKLAND PARK FL 33309 Item # 1Attachment #3 Page 1 of 8 30 of 413 Properties within 750 feet of Proposed Scandal's Saloon Restaurant Bar BOLINGER,ELWOOD JOHN 240 NW 37 ST OAKLAND PARK FL 33309 BONILLA,SEAN 200 NW 34 ST OAKLAND PARK FL 33309 BOSS,MICHAEL H/E 141 NW 33 ST OAKLAND PARK FL 33309 BOURG,THOMAS JAMES JR 2830 NE 29 ST LIGHTHOUSE POINT FL 33064 BRANNON,MARSHA C 240 NW 35 CT OAKLAND PARK FL 33309 BRIZZI,ROBERT JR 70 NW 33 ST OAKLAND PARK FL 33309 BROWAN,RODNEY W 200 NW 15 ST POMPANO BEACH FL 33060 BROWARD COUNTY BOCC 115 S ANDREWS AVE RM 501-RP FORT LAUDERDALE FL 33301 BROWARD COUNTY HOUSING AUTHORITY 4780 N STATE ROAD 7 LAUDERDALE LAKES FL 33319 BROWARD LA GUSTOSA 301 NE 36 ST OAKLAND PARK FL 33334 BROWN,CHARLES & LINDA 160 NW 33 ST OAKLAND PARK FL 33309 BROWN,RODNEY 80 NW 37 ST OAKLAND PARK FL 33309 BRUCE JACK & G A HENRY FAM TR 350 NE 42 ST OAKLAND PARK FL 33334 BRUCE,MICHELLE D 120 NW 36 ST OAKLAND PARK FL 33309 BRYAN,LLOYD K & HAZEL M 60 NW 38 ST OAKLAND PARK FL 33309 BURTO,JEFFREY T LE 140 NW 37 ST OAKLAND PARK FL 33309 BUTLER,DEBORAH 261 NE 35 ST OAKLAND PARK FL 33334 CARLTON SCOTT SCHENCK REV TR 2606 KEY LARGO LN FORT LAUDERDALE FL 33312 CARPENTER,BARRY 5406 COLUMBIA AVE DALLAS TX 75214 CASE,STEVEN W & MARGARET P 7340 LOCH NESS DR MIAMI LAKES FL 33014 CASTILLO TECHNOLOGIES LLC 650 NW 49 AVE POMPANO BEACH FL 33063 CATHEDRAL OF PRAISE 4035 SW 18 ST HOLLYWOOD FL 33023 CATHEDRAL OF PRAYER MINISTRIES PO BOX 9683 FORT LAUDERDALE FL 33310 CEASAR,RUBIN G 296 NE 35 CT OAKLAND PARK FL 33334 CESANY INVESTMENTS INC 165 NE 32 CT OAKLAND PARK FL 33334 CHAMPAIGN PLAZA CORP %ALAN LEVY 4901 NW 17 WAY SUITE 103 OAKLAND PARK FL 33309 CHARLES,TALES MARTIN, JUNA 60 NW 37 ST OAKLAND PARK FL 33309 CILA,IDEJAS & LAVIRA 80 NW 35 ST OAKLAND PARK FL 33309 CITY OF OAKLAND PARK 3650 NE 12 AVE OAKLAND PARK FL 33334 COACHMAN,CORNELIUS & GLORIA J 203 NE 35 ST OAKLAND PARK FL 33334 COFAB PROPERTIES LLC 1100 E OAKLAND PARK BLVD # 111 FORT LAUDERDALE FL 33334 COMMUNITY 8 PROPERTIES LLC 1800 W BROWARD BLVD FORT LAUDERDALE FL 33312 CONSOLIDATED CONST & DEV CORP 141 NW 20 ST STE B7A BOCA RATON FL 33431 CORRADO,JOHN WHITEHOUSE,JAMES E 61 NW 34 ST OAKLAND PARK FL 33309 Item # 1Attachment #3 Page 2 of 8 31 of 413 Properties within 750 feet of Proposed Scandal's Saloon Restaurant Bar COSTA,JOHN J REV LIV TR 2621 NE 3 ST POMPANO BEACH FL 33062 CRAZY FISH FLORIDA % RANDOLPH STRAUSS PA 4301 NE 1 TER STE 1 FORT LAUDERDALE FL 33334 D'ANGELO,ROBERT 121 NE 32 STREET FORT LAUDERDALE FL 33334 D'MEZA,QUILVIO R 201 NE 32 CT OAKLAND PARK FL 33334 DA ROSA,MARCOS FAGUNDES &2100 NE 18 AVE FORT LAUDERDALE FL 33305 DAREJOR 211 LLC 5570 NE 28 AVE FORT LAUDERDALE FL 33308 DARJOE INVESTMENT MGMT 6757 PETUNIA DR MIRAMAR FL 33023 DAROSA,MARCOS & DAROSA,SAIONARA 2100 NE 18 AVE FORT LAUDERDALE FL 33305 DARRISAW,YOUSLANDA DENISE 209 NE 34 CT OAKLAND PARK FL 33334 DAVILSAINT,JESUTANE MAITRE,OUDMOND 3109 OAKLAND SHORES DR APT 206 OAKLAND PARK FL 33309 DE DON,R R & LINDA M 180 NW 37 ST OAKLAND PARK FL 33309 DEDON,RAUL ROGER & LINDA MARIE 110 NE 32 CT OAKLAND PARK FL 33334 DIGGS,ERNEST & MARY 2430 NW 42 AVE LAUDERHILL FL 33313 DILLON FAM REV LIV TR 1633 NW 36 CT OAKLAND PARK FL 33309 DOMINICK PAGANO TR 271 E OAKLAND PARK BLVD OAKLAND PARK FL 33334 DONALDSON,GLEN 440 GARTRELL ST ATLANTA GA 30312 DORELUS,ROBERSON 264 NE 46 ST POMPANO BEACH FL 33064 DUMEL,DUMERIS 3621 NE 1 AVE OAKLAND PARK FL 33334 DYKES,FLOSSIE 270 NE 34 ST OAKLAND PARK FL 33334 DYKES,FRANCIS,C,DYKES,L 270 NE 34 ST OAKLAND PARK FL 33334 EAST,MARK 201 NW 32 CT OAKLAND PARK FL 33309 EDWARD 18 INVESTMENTS LLC 195 S MIDDLE NECK RD GREAT NECK NY 11021 ERMIDES,JAMES C 161 NW 33 ST OAKLAND PARK FL 33309 EXPERT BUILDERS INC PO BOX 5144 FORT LAUDERDALE FL 33310 FISHER,EGBERT H/E HOLLAR,KEITH 149 NW 34 ST OAKLAND PARK FL 33309 FIVE Y INVESTMENTS INC 696 NE 125 ST NORTH MIAMI FL 33161 FJA HOMES LLC 13156 LONG PINE TRL CLERMONT FL 34711 FORSYTHE,ALICIA 170 NW 33 ST OAKLAND PARK FL 33309 FORT LAUDERDALE BIBLE CHAPEL INC 141 NW 38 ST OAKLAND PARK FL 33309 FREEMAN, ALVIN 300 NE 35 CT OAKLAND PARK FL 33334 FREEMAN,KATIE W LE & JASMIN 3443 NE 3 AVE OAKLAND PARK FL 33334 FRENCH,ROBIN E & KATHLEEN 4817 RIVERSIDE DR YANKEETOWN FL 34498 GBG UNLIMITED LLC 4082 W PALM AIRE DR #6 POMPANO BEACH FL 33069 GOLDEN,BRIAN P CORTLJO-WITTEN,ROHEMA T 271 NE 34 ST OAKLAND PARK FL 33334 Item # 1Attachment #3 Page 3 of 8 32 of 413 Properties within 750 feet of Proposed Scandal's Saloon Restaurant Bar GOLLADAY,ANTHONY R 3620 NE 1 TER OAKLAND PARK FL 33334 GRANADO,JUAN A & JOSE 298 NE 35 CT OAKLAND PARK FL 33334 GRAY,ERICA & WALKER, CARL 200 NW 35 ST OAKLAND PARK FL 33309 GUSTINSKI,PAUL 121 NW 37 ST OAKLAND PARK FL 33309 GWENDOLYN A ADAMS REV LIV TR 4280 NW 10 TER OAKLAND PARK FL 33309 HABITAT FOR HUMANITY OF BROWARD 3564 N OCEAN BLVD FORT LAUDERDALE FL 33308 HAHNER,GLORIA & SENESI,ANDREA 2569 SE 10 CT POMPANO BEACH FL 33062 HARRIS,RICHARD T 80 NW 35 CT OAKLAND PARK FL 33309 HAUSY,MARCO 100 N ANDREWS AVE FL 2 FORT LAUDERDALE FL 33301 HAVE FAITH IN GOD PRAYER GROUP 520 SW 11 DR DEERFIELD BEACH FL 33441 HAY,DENNIS & KIMBERLY 141 NW 35 CT OAKLAND PARK FL 33309 HENCH,DAVID 1508 NE 30 CT OAKLAND PARK FL 33334 HESS RETAIL STORES LLC PROPERTY TAX 539 S MAIN ST FINDLAY OH 45840 HI BYE LLC 20326 NE 34 CT AVENTURA FL 33180 HOGAN,MARLA 3931 NW 3 AVE OAKLAND PARK FL 33309 HOPHAN,JEFFREY SCOTT 3543 N ANDREWS AVE OAKLAND PARK FL 33309 HUFF,KENNETH D 220 NW 35 CT OAKLAND PARK FL 33309 HUGHES,JARVIS 80 NW 33 ST OAKLAND PARK FL 33309 HUTTON GROWTH BLUE SKY LLC 736 CHERRY ST CHATTANOOGA TN 37402 JACK C SHAW REV TR EST 2156 NE 24 ST WILTON MANORS FL 33305 JACOBSEN,J EDWARD 141 NW 37 ST OAKLAND PARK FL 33309 JAMESON,SHERRY DONALDSON 61-71 NW 35 CT FORT LAUDERDALE FL 33309 JEAN-LOUIS,JOSEE ANNE 240 NW 36 ST OAKLAND PARK FL 33309 JENKINS,EDDIE JEAN 241 NE 35 CT OAKLAND PARK FL 33334 JHAGRU,SAVITRI 8105 VIA BOLZANO LAKE WORTH FL 33467 JOHN J COSTA REV LIV TR 2621 NE 3 ST POMPANO BEACH FL 33062 JON C WORTHINGTON TR 1008 SCARBOROUGH AVE REHOBOTH BEACH DE 19971 JONES,FRANK R 221 NW 37 ST OAKLAND PARK FL 33309 JORDAN,VIRGINIA D 291 NE 35 CT OAKLAND PARK FL 33334 KARA,ERNEST J SR &PO BOX 6045 FORT LAUDERDALE FL 33310 KARPINEN,JAMES 160 NW 36 ST OAKLAND PARK FL 33309 KELLY,ANEATA L 261 NE 34 ST OAKLAND PARK FL 33334 KELLY,ROBERT J 121 NW 35 CT OAKLAND PARK FL 33309 KEY,STEPHANIE 190 NE 35 CT OAKLAND PARK FL 33334 Item # 1Attachment #3 Page 4 of 8 33 of 413 Properties within 750 feet of Proposed Scandal's Saloon Restaurant Bar KILKENNY LLC 2022 NE 31 AVE FORT LAUDERDALE FL 33305 KILLANE LLC 2022 NE 31 AVE FORT LAUDERDALE FL 33305 KIMBUKTU LLC 201 NE 32 ST OAKLAND PARK FL 33334 KING FAM TR KING,DONALD H 669 W PALM AIRE DR POMPANO BEACH FL 33069 KOLB,KARL A 150 NW 35 CT OAKLAND PARK FL 33309 KOLBO LLC 840 E OAKLAND PARK BLVD STE 110 OAKLAND PARK FL 33334 KOPP,ROBERT T 221 NW 35 ST OAKLAND PARK FL 33309 L DISCOUNT PHOTO & VIDEO INC 527 NE 125 ST NORTH MIAMI FL 33161 LA MOLIENDA RESTAURANT CORP 119 W OAKLAND PARK BLVD OAKLAND PARK FL 33311 LA SHOPS LLC 702 N SURF RD HOLLYWOOD FL 33019 LABONTE,LEO R 81 NW 34 ST OAKLAND PARK FL 33309 LARSEN,DAVID G & MIRANDA,DAVID 120 NW 38 ST OAKLAND PARK FL 33309 LEDGARD,GONZALO H/E SPENCER DYLAN 220 NW 34 ST OAKLAND PARK FL 33309 LEE,CHANDRA T 211 NE 35 ST OAKLAND PARK FL 33334 LINDQUIST,JAMES R 140 NW 36 ST OAKLAND PARK FL 33309 LOCKWOOD,MICHAH 207 NE 35 CT OAKLAND PARK FL 33334 LORRAINE BARKETT REV TR PAPPAS,MICHAEL & KATHERINE2121 SW 3 AVE STE 601 MIAMI FL 33129 LOUIS,NAVINA 3445 NE 3 AVE OAKLAND PARK FL 33334 LUDGATE INVESTMENTS LLC 6100 HOLLYWOOD BLVD #305 HOLLYWOOD FL 33024 MARK,JAMIE & MICHELLE 414 WHIPPERWILL WAY WINTER GARDEN FL 34787 MARTIN,RICHARD PO BOX 773115 CORAL SPRINGS FL 33077 MARTINEZ,NORBERTO 141 NW 35 ST OAKLAND PARK FL 33309 MCCALL,EMMA P 40 NW 33 ST OAKLAND PARK FL 33309 MCDANIEL,LAVORA Y & JOHNNIE JR 271 NE 34 CT OAKLAND PARK FL 33334 MCHALE,BRUCE D 61 NW 33 ST OAKLAND PARK FL 33309 MEET INVESTMENTS LLC 745 OAK SHADOWS RD CELEBRATION FL 34747 MEGA DENT USA LLC 731 RANCH RD WESTON FL 33326 MELENDEZ,LEONEL E & ZAMORA,VICTOR 734 OCEAN AVE APT 3A BROOKLYN NY 11226 MELLO,PAULO C 19910 MILAN TER BOCA RATON FL 33434 MICHELLE L CROSBY TR PO BOX 24943 FORT LAUDERDALE FL 33307 MOLINA,ELMER N 207 NE 35 ST OAKLAND PARK FL 33334 MONA LISA REALTY 545 S FORT LAUDERDALE BEACH BLVD FORT LAUDERDALE FL 33316 MOORE,AMOS LOVE,TRUDY & STRIGGLES,LARRY 3250 NW 21 ST LAUDERDALE LAKES FL 33311 MOORE,DEBORAH A 250 NE 35 ST OAKLAND PARK FL 33334 Item # 1Attachment #3 Page 5 of 8 34 of 413 Properties within 750 feet of Proposed Scandal's Saloon Restaurant Bar MORRIS,BRUANA 299 NE 34 CT OAKLAND PARK FL 33334 MORRIS,TIMOTHY W 240 NW 35 ST OAKLAND PARK FL 33309 MOSER,DAVID R & LEWIS,LAWRENCE I 251 NW 36 ST OAKLAND PARK FL 33309 MUCINO,ISRAEL F 120 NW 35 CT OAKLAND PARK FL 33309 NESBITT,DOMINICA 221 NE 35 ST OAKLAND PARK FL 33334 NEWSTROM,ANDREW J & STAROSTKA,HALEY 60 NW 35 ST OAKLAND PARK FL 33309 NOTTINGHAM,CHARLES E 7800 BANYAN TER TAMARAC FL 33321 OASIS SQUARE LLC 1720 HARRISON ST STE 17A HOLLYWOOD FL 33020 OPIC LLC 1888 NW 21 ST POMPANO BEACH FL 33069 PAGANO,N P & NORA M 271 E OAKLAND PARK BLVD OAKLAND PARK FL 33334 PALESTRINI,GAIL 121 NW 36 ST OAKLAND PARK FL 33309 PANN INVESTMENTS OF FL LLC 5504 NW 77 TER CORAL SPRINGS FL 33067 PANTALENA,DANIELE & SALES-NETO,DECIO 161 NW 35 ST OAKLAND PARK FL 33309 PARALYZED VETERANS ASSOCIATION 3799 N ANDREWS AVE OAKLAND PARK FL 33309 PARRA,GISELA 10701 SAN BERNARDINO WAY BOCA RATON FL 33428 PONDER,LONZER 3470 NW 205 ST MIAMI GARDENS FL 33056 PRANGNUAN DURAND,D.O 18610 SW 7 ST PEMBROKE PINES FL 33029 PRATT,JANET G 270 CAPRI AVE LAUDERDALE BY THE SEA FL 33308 PRINCE,MARIE JEANNE D & WATSON 3661 NE 1 TER OAKLAND PARK FL 33334 QUIRE,HAZEL V 121 NW 35 ST OAKLAND PARK FL 33309 QUIST,NORMA E H/E 160 NW 34 ST OAKLAND PARK FL 33309 REID,RACQUEL JODY-ANN 301 NE 35 CT OAKLAND PARK FL 33334 RESTAURANT DEPOT INC 3555 N ANDREWS AVE OAKLAND PARK FL 33309 RHOADS,ROBERT E & ZEMBLIDGE,MICHAEL J 161 NW 36 ST OAKLAND PARK FL 33309 ROBERT E DOOLEY TR PO BOX 11955 FORT LAUDERDALE FL 33339 ROMANI,ROBERT & ASTRID E 161 NW 37 ST OAKLAND PARK FL 33309 ROMBOLI,HENRY JOSEPH H/E ALLEN,LYNN 120 NW 33 ST OAKLAND PARK FL 33309 RUBI,MARIA E & SIGFREDO 70 NW 34 ST OAKLAND PARK FL 33309 SAINT-PREUX,ROSELINE 81 NW 36 ST OAKLAND PARK FL 33309 SASSOON,KADURI SEAN 81 NW 35 ST OAKLAND PARK FL 33309 SCAPICCHIO,DAVID & KELLI 107 PAINTED BUNTING DR TROUTMAN NC 28166 SEBCO PROPERTIES INC 5298 NE 18 TER FORT LAUDERDALE FL 33308 SELA LLC 840 E OAKLAND PARK BLVD #110 OAKLAND PARK FL 33334 SERRANO,SUSANA 140 NW 34 ST OAKLAND PARK FL 33309 Item # 1Attachment #3 Page 6 of 8 35 of 413 Properties within 750 feet of Proposed Scandal's Saloon Restaurant Bar SERVICE CHOICE PROPERTIES LLC 801 MIDDLE RIVER DR FORT LAUDERDALE FL 33304 SET POINT ASSOCIATES LTD PRTNR 241 NE 38 ST OAKLAND PARK FL 33334 SHANK,J P & CONSTANCE E 451 HERITAGE DR APT 619 POMPANO BEACH FL 33060 SHELTON,ANTHONY SR PO BOX 6374 FORT LAUDERDALE FL 33310 SIBLEY,ELEANOR VEAZIE 50 WILLOW ST OLD TOWN ME 4468 SIDMAN,HUE KIM LE & DAVID 60 NW 36 ST #A-B OAKLAND PARK FL 33334 SINCLAIR,WILLIAM S 231 NW 35 CT OAKLAND PARK FL 33309 SMITH,ASIA A 209 NE 35 ST OAKLAND PARK FL 33334 SMITH,JUNE H/E & CLAYTON 160 NW 37 ST OAKLAND PARK FL 33309 SOTIRE,RIK & COLLEEN 3251 N ANDREWS AVE OAKLAND PARK FL 33309 SOUTHLAND CORP % TAX DEPT #24350 PO BOX 711 DALLAS TX 75221 SPAN,PEARL M 3401 NE 3 AVE OAKLAND PARK FL 33334 SW - ANDREWS LLC 3623 N ANDREWS AVE OAKLAND PARK FL 33309 TANNER,CASSANDRA L 201 NE 34 CT OAKLAND PARK FL 33334 TAVO PROPERTIES LLC 3232 NE 5 ST POMPANO BEACH FL 33062 THIRTY THIRD STREET STORAGE 850 E OAKLAND PARK BLVD OAKLAND PARK FL 33334 THOMAS-WESTBROOK,YOLANDA 180 NE 35 CT OAKLAND PARK FL 33334 THOMAS L NAROG LIV TR 8 CASTLE HARBOR ISLE FORT LAUDERDALE FL 33308 TORRES,REBECCA C H/E & EDWARD 141 NW 34 ST OAKLAND PARK FL 33309 TRABER,RICHARD J 3620 NE 1 AVE OAKLAND PARK FL 33334 TRIPLE K USA LLC 1186 S MULLEN AVE LOS ANGELES CA 90019 TRX HOMES 1 LLC 600 BRICKELL AVE STTE 2025 MIAMI FL 33131 TURNER,ANITA L & BOB JR 300 NE 34 ST OAKLAND PARK FL 33334 UNIVERSAL CHRISTIAN CHURCH 201 NE 35 CT OAKLAND PARK FL 33334 VAN VLIET,CHRISTOPHER LORNE 251 NW 34 ST OAKLAND PARK FL 33309 W A L ANDREWS CORP 840 NE 20 AVE FORT LAUDERDALE FL 33304 W K & B E BRANTLEY REV LIV TR PO BOX 460189 HOUSTON TX 77056 WALGREENS %REAL ESTATE PROPERTY TAX PO BOX 1159 DEERFIELD IL 60015 WALKER,FAYE A T 280 NE 34 ST OAKLAND PARK FL 33334 WALKINGTON,LOREN A 81 NW 37 ST OAKLAND PARK FL 33309 WALSH,DONALD & RICHTER,LISA 41 DELAWARE ST COMMACK NY 11725 WASHINGTON,LATONIA 300 NE 36 ST OAKLAND PARK FL 33334 WATERTITE PROPERTIES LLC 211 NE 32 CT OAKLAND PARK FL 33334 WELCOME BAPTIST CHURCH INC 3480 NE 3 AVE OAKLAND PARK FL 33334 Item # 1Attachment #3 Page 7 of 8 36 of 413 Properties within 750 feet of Proposed Scandal's Saloon Restaurant Bar WHITTAKER,SIMON 301 NE 34 ST OAKLAND PARK FL 33334 WILFONG,BARBARA 252 NE 35 ST OAKLAND PARK FL 33334 WILLIAMS,AUBREY D H/E MICHAELS,CHRISTOPHER 161 NW 34 ST OAKLAND PARK FL 33309 WILLIAMS,IDA M 170 NE 35 CT OAKLAND PARK FL 33334 WILLIAMS,OTIS JR & CYNTHIA 300 NE 34 CT OAKLAND PARK FL 33334 WILSON,LENA M H/E WILSON,WILLEMA D 160 NE 35 CT OAKLAND PARK FL 33334 WILSON,TINA M 90 NW 36 ST OAKLAND PARK FL 33309 WRIGHT,CHERYL CANDACE 120 NW 37 ST OAKLAND PARK FL 33309 ZAGAZETA,JEANNETTE 201 NW 35 CT OAKLAND PARK FL 33309 ZUFELT,WAYNE 181 NW 33 ST OAKLAND PARK FL 33309 Item # 1Attachment #3 Page 8 of 8 37 of 413 CITY OF OAKLAND PARK LEGAL NOTICE A Public Hearing before the Oakland Park City Commission will be held Wednesday, June 7, 2017, at 6:30 P.M., or as soon thereafter as may be heard, in the Commission Chambers of City Hall at 3650 NE 12th Avenue, Oakland Park, Florida, to consider the following: An application by SELA, LLC for Conditional Use approval of a Restaurant Bar at 3400 N. Andrews Avenue; Case #CD17-03CU "Scandals Saloon Restaurant Bar." This case is subject to quasi-judicial rules of procedures established by the City of Oakland Park Ordinance O-95-8. All affected persons will be allowed to present evidence at the hearings, bring forth witnesses and cross-examine witnesses, provided they notify and file the required form provided by the City Clerk’s office. The form must be completed and returned to the City Clerk’s office at least two (2) calendar days before the meeting. Failure to submit this form may result in the City Commission prohibiting your participation in the hearing. If you have any questions, please call the City Clerk’s office at (954) 630-4300. If a person decides to appeal any decision made by the above City Commission with respect to any matter considered at such hearing, they will need a record of the proceedings, and for such purpose they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All interested parties are invited to attend and be heard with respect to the above. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at 954.630.4300 at least two days prior to the date of hearing. Renee M. Shrout, CMC City Clerk Item # 1Attachment #4 Page 1 of 2 . ~S? -C ity of OAKLAND PARK FLO RI DA 38 of 413 NE 38TH ST N E 5 T H A V E NE 34TH CT NW 39TH ST NE 36TH ST NE 33RD STNW 33RD ST NW 35TH ST NW 36TH ST NE 36TH CT W OAKLAND PARK BLVD NE 39TH ST NW 5 T H A V E A C C E S S R D N E 6 T H A V E E OAKLAND PARK BLVD NE 32ND ST N A N D R E W S A V E NE 39TH ST N E 3 R D A V E N W 3 R D A V E NE 33RD ST N E 2 N D A V E NE 35TH CT So urce: Esri, DigitalGlo b e, Geo Eye, Earthstar Geo grap hics, CNES/Airb us DS, USDA, USGS,Aero GRID, IGN, an d the GIS User Co mmun ity Lo catio n Map : Case # CD17-03CU Scan dal’s Salo o n Restauran t Bar 00.065 Miles 1 in ch = 475 feet So urce: CIty o f Oaklan d Park GIS Sub ject Site ¯ Item # 1Attachment #4 Page 2 of 2 39 of 413 NE 38TH ST N E 5 T H A V E NE 34TH CT NW 39TH ST NE 36TH ST NE 33RD STNW 33RD ST NW 35TH ST NW 36TH ST NE 36TH CT W OAKLAND PARK BLVD NE 39TH ST NW 5 T H A V E A C C E S S R D N E 6 T H A V E E OAKLAND PARK BLVD NE 32ND ST N A N D R E W S A V E NE 39TH ST N E 3 R D A V E N W 3 R D A V E NE 33RD ST N E 2 N D A V E NE 35TH CT So urce: Esri, DigitalGlo b e, Geo Eye, Earthstar Geo grap hics, CNES/Airb us DS, USDA, USGS,Aero GRID, IGN, an d the GIS User Co mmun ity Lo catio n Map : Case # CD17-03CU Scan dal’s Salo o n Restauran t Bar 00.065 Miles 1 in ch = 475 feet So urce: CIty o f Oaklan d Park GIS Sub ject Site ¯ Item # 1Attachment #5 Page 1 of 1 40 of 413 N W 3 R D A V E NW 37TH ST NE 32ND CT NE 36TH CT N E 3 R D A V E A C C E S S R D NE 33RD STNW 33RD ST NW 37TH ST NW 35TH ST NE 32ND CT N A N D R E W S A V E NE 1 S T T E R N E 2 N D A V E R-1 B-1 R-1 I-1 RM-16RM-16 I-1 CF R-O RM-25 OS R-2 OS RM-25 OS OS Source: Esri, DigitalGlobe, GeoEye, Earthstar Geograp hics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community Zoning Map : Case # CD17-03CU Scand al’s Saloon Restaurant Bar 1 inch = 257 feet Source: CIty of Oakland Park GIS Subject Site ¯ Item # 1Attachment #6 Page 1 of 1 41 of 413 Carlos Pizarro, R.A. AR - 0013079 Revisions: Date Description SHEET NUMBER Drawn by: SHEET NAME Checked by: Job Number: File name: Issued Date: PR O J E C T : 16032.03 J.C. C.PIZARRO DE V E L O P E R : OA K L A N D P A R K , F L O R I D A 3 3 3 0 9 AM O S C H E S S / S E L A , L L C 84 0 E A S T O A K L A N D P A R K B L V D , # 1 1 0 FO R T L A U D E R D A L E , F L 3 3 3 3 4 SC A N D A L S AT F E S T I V A L S H O P P I N G C E N T E R RE S T A U R A N T W / B A R COLOR ELEVATIONS A-4.0 01-24-2017 WEST ELEVATION SOUTH ELEVATION EAST ELEVATION Item # 1Attachment #7 Page 1 of 1 42 of 413 DEVELOPER: DESCRIPTIONSHT. NO. COVER SHEET SHEET INDEX A-0 ARCHITECTURAL DRAWINGS SP-1.0 SITE PLAN A-1.0 FLOOR PLAN A-2.0 A-3.0 AMOS CHESS / SELA, LLC 840 EAST OAKLAND PARK BLVD, #110 FORT LAUDERDALE, FL 33334 SP-1.1 ENLARGED SITE PLAN ROOF PLAN 14125 NW 80th AVENUE , SUITE # 303 , MIAMI LAKES, FLORIDA 33016 TELEPHONE: (786) 235-9097 FAX: (305) 821-5911 www.dtiarchitect.com DTI-PROJECT # 16032.03 AA 26001933 CONSTRUCTION OF A NEW 3,980 S.F. BUILDING FOR SCANDALS RESTAURANT W/ BAR, ADJACENT TO THE SOUTH WALL OF THE EXISTING OAKLAND PARK FESTIVAL CENTER. SCOPE OF WORK AREA MAP PROJECT TRACT "A" OF ANDREWS SHOPPING CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 150 AT PAGE 16 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT "A" OF SAID "ANDREWS SHOPPING CENTER"; THENCE NORTH 89°51'35" EAST, ALONG THE NORTH LINE OF SAID TRACT "A", A DISTANCE OF 576.23 FEET ; THENCE SOUTH 00°00'54" WEST, ALONG THE EAST LINE OF SAID TRACT "A", A DISTANCE OF 1142.25 FEET; THENCE NORTH 89°49'30" WEST, ALONG THE SOUTH LINE OF SAID TRACT "A" A DISTANCE OF 445.96 FEET; THENCE NORTH 00°00'05" EAST, A DISTANCE OF 150.00 FEET; THENCE NORTH 89°49'30" WEST, A DISTANCE OF 130.00 FEET; THENCE NORTH 00°00'05" EAST, A DISTANCE OF 72.47 FEET; THENCE NORTH 06°50'39" EAST, A DISTANCE OF 100.72 FEET ; THENCE NORTH 00°00'05" EAST, A DISTANCE OF 315.00 FEET, THENCE NORTH 44°59'55" WEST, A DISTANCE OF 16.97 FEET, THENCE NORTH 00°00'05" EAST, A DISTANCE OF 489.61 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF OAKLAND PARK, BROWARD COUNTY, FLORIDA, AND CONTAIN 14.536 ACRES, MORE LESS. LEGAL DESCRIPTION SYMBOL LEGEND OR LETTER NEW COLUMN GRID NUMBER - OR PLAN NUMBER DETAIL, SECTION OR SHEET NUMBER DETAIL NUMBER NOTE NUMBER - PLAN NORTH ELEVATIONS S-1 SITE SURVEY A-4.0 COLOR ELEVATIONS M.E.P SP-1 SITE PHOTOMETRIC PLAN LANDSCAPE L-1 ENLARGED LANDSCAPE PLAN PROJECT DIRECTORY OWNER/DEVELOPER: AMOS CHESS / SELA, LLC 840 EAST OAKLAND PARK BLVD, #110 FORT LAUDERDALE, FL 33334 ARCHITECT: DESIGN TECH INTL. ASSOCIATES, INC. CARLOS PIZARRO 14125 NW 80th AVENUE, SUITE 303 MIAMI LAKES, FLORIDA, 33016 PHONE: (786) 235-9097 LANDSCAPE ARCHITECT KYMBERLY MOYER ASLA 4808 NE 16 AVE OAKLAND PARK, FLORIDA, 33334 PHONE: (954) 492-9609 FAX: (954) 566-2553 CONTACT: KIM MOYER MEP ENGINEER: BUCHANAN P.E. CONSULTING INC. 6191 W. ATLANTIC BLVD. SUITE #2 MARGATE, FL 33063 PHONE: (954) 590-3300 FAX: (954) 590-3300 CONTACT: RAJA BUCHANAN. CPTED-1.0 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN CIVIL ENGINEER: GRACE ENGINEERING 5311 SW 87TH AVENUE, COOPER CITY, FL 33328 PHONE: (954) 558-9628 CONTACT: JOHN FLYNN. CIVIL DRAWINGS C-1 C-2 WATER & SEWER PLAN PAVING, GRADING & DRAINAGE PLAN Item # 1Attachment #8 Page 1 of 12 43 of 413 Item # 1Attachment #8 Page 2 of 12 44 of 413 N 0 0 ° 0 0 ' 0 5 " E 1 5 0 . 0 0 ' SAVE A LOT 3400 19,548 S.F. LIGHT INDUSTRIAL DISTRICT N8 9 ° 4 9 ' 3 0 " W = 4 4 5 . 9 6 ' ( P ) PROPOSED SCANDALS RESTAURANT W/BAR 3,980 S.F COVERED OUTDOOR PATIO 2,470 S.F SOD SOD SOD SOD SOD SOD SOD SOD SOD +SOD SOD + + SOD SOD SOD ++D D +F + E + D + D SOD +C +C +B +B +B +B +B +C +B +C + A ++ SOD SOD + + Revisions: Date Description SHEET NUMBER Drawn by: SHEET NAME Checked by: Job Number: File name: Issued Date: PR O J E C T : 16032.01 03-28-17 K.M. K. MOYER DE V E L O P E R : OA K L A N D P A R K , F L O R I D A 3 3 3 0 9 AM O S C H E S S / S E L A , L L C 84 0 E A S T O A K L A N D P A R K B L V D , # 1 1 0 FO R T L A U D E R D A L E , F L 3 3 3 3 4 SC A N D A L S AT F E S T I V A L S H O P P I N G C E N T E R RE S T A U R A N T W / B A R L-1 LANDSCAPE PLAN LANDSCAPE PLAN APPROXIMATELY 9 MONTHS AFTERNOTE: ALL STAKING & GUYS SHALL BE REMOVED PLANTING OR AS DIRECTED BYLANDSCAPE ARCHITECT NOTE: NO WELLINGTON TAPE OR OTHER NON-BIODEGRADABLE MATERIALS SHALL COME INTO CONTACT WITH THE TREE. Kimberly Moyer, RLA Landscape Architecture (954) 492-9609 Lic. No. #LA0000952 Foxtail Palm Transplant Notes: The optimum time to transplant is the rainy season (June to October) or anytime if post planting irrigation is possible. Do not root prune or use root-stimulating hormones. Trim only dead fronds and tie up remaining fronds for the relocation to prevent damage to the crown and meristem during the operation. Untie fronds immediately once transplanted. Create root ball at least 24 inches in radius from trunk and just as deep. Care should be taken to protect the root ball from physical damage and desiccation during the transplanting process, and the backfill around the new transplant should be kept uniformly moist until the plant is established. Planting depth should ensure root initiation zone is at the same depth at which it was originally growing or just high enough to allow for settling to grade, never below. Item # 1Attachment #8 Page 3 of 12 45 of 413 Item # 1Attachment #8 Page 4 of 12 " -·cl)...,,. CONC. ----------------------------------------, _____ , CITI TRENDS 3420 11,200 S.F. l, I I I [ I, SAVE A LOT 3400 19,548 S.F. PROPOSED 2" WATER SERVICE, TAP ElOSTING WATER MAIN, NEW 2" WATER MmR AND 2" RPZBFA 111TH 2" POLYETHYLENE (PE 471D) LINE TO BUILDING COVERED OUTDOOR PATIO 2,470 S.F r---- 1 I ______________ J I PROPOSED SCANDALS RESTAURANT W/BAR 3,980 S.F PROPOSED FFE = 3.79' NAVO (5.30' NGVD) NE 2nd AVENUE PROPOSED 4" DDCV, FDC AND BOLLARDS PROPOSED 6" CLEANOUT AT RIGHT-OF-WAY LINE MH I I I ' I I I 1; I ti I I MH RIM EL.=3.77' I I : I )i I li f I. PROPOSED 12·xs· WYE CONNECTION TO EXISTING 12" VCP S£'ll£R MAIN, BEGIN SEM:R WORK AT THIS POINT EXISTING FIRE HYDRANT r .. ,.M PUBLIC WORKS NOTES: 1. THE PROPOSED WORK HAS BEEN DESIGNED IN ACCORDANCE 111TH All APPLICABLE FEDERAi. STATE, COUNTY AND cm CODES AND REGUU.TIONS HAVING JURISDICTION. IF ANY DISCREPANCIES ElllST BEIM:EN THE PLANS/SPECIACATIONS PREPARED BY THE DESIGNER AND THE CITY CODE AND/OR THE Cln' STANDARD DETAILS, THE LATER SHALL GOVERN OR THE MOST SlRINGENT. 2. ALL VEGETATION, MUCK, AND ANY DELETERIOUS MATERIAL WITHIN THE ROW LIMITS OF All SlREETS AND ALLEYS AND REQUIRED OFF-SlREET PARKING AREAS MUST BE REMOVED AND REPLACED 111TH CLEAN Fill MATERIAi. FREE Of STUMPS, LARGE ROOTS DR OTHER MAmR NOT SUITABLE FOR INCLUSION IN ROADWAY ALL J, OWNERSHIP AND MAINTENANCE OF THE SANITARY SYSTEM BY THE CITY IS LIMITED TO THE MAINS FROM MANHOLE TO MANHOLE AND EXPRESSLY EXCLUDES SEWER LATERAL SERVICES, THE SEWER LATERAL SERVICE FROM GRAVITY MAIN INTO THE BUILDING IS TO BE MAINTAINED BY THE PROPERTY 0111-lER. 4. THE ANISH SURFACE OF BASE COURSE AND THAT OF THE WEARING SURFACE SHALL NOT VARY MORE THAN ,04 FOOT FROM THE APPROVEO GRADING PLAN (TEMPLATE) ANO All AREAS SHALL BE GRADED TO DRAIN, ANY IRREGULARITIES EXCEEDING THIS LIMIT SHALL BE CORRECTED. 5. THE ASPHALT SURFACE COURSE SHALL NOT BE PLACED UNlll AS-BUILT DRA\11NG OF THE LIMEROCK BASE HAVE BEEN SUBMlfilD AND APPROVEO BY THE EOR ANO CIT'f ENGINEER OR DESIGINEE. 6. All APPLICABLE FEDERAL, STA TE, COUNTY, DRAINAGE DISlRICT AND CITY PERMITS FOR CONSlRUCTION Of PAVING, GRADING, DRAINAGE, WATER, AND SANITARY SEWER SHALL BE OBTAINED PRIOR TD CONSlRUCTION. 7. WATER METERS AND BACKFLOW DEVICES MUST BE LOCATED v.1THIN LANDSCAPED AREAS. 8. WATER SERVICE LINES SHALL BE OPERATIONAL DURING PRESSURE TEST. STANDARD SEPARATION STATEMENT: (1) HORIZONTAL SEPARATION BETWEEN UNDERGROUND WATER MAINS AND SANITARY OR STORM SEM:RS, WASTEWATER OR STORMWATER FORCE MAINS, RECLAIMED WATER PIPELINES, AND ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS. (A) NEW OR RELOCATED, UNDERGROUND WATER MAINS SHALL BE LAID TO PROVIDE A HORIZONTAL DISTANCE Of AT LEAST THREE FEET BETWEEN THE OUTSIDE OF THE WATER MAIN AND THE OUTSIDE OF ANY EXISTING OR PROPOSED STORM SEM:R, STORMWA TER FORCE MAIN, OR PIPELINE CONVEYING RECLAIMED WATER REGULATED UNDER PART III OF CHAPTER 62-610, f.A.C. (8) NEW OR RELOCATED, UNDERGROUND WATER MAINS SHALL BE LAID TO PROVIDE A HORIZONTAL DISTANCE OF AT LEAST THREE FEEl, AND PREFERABLY TEN fEEl, BETWEEN THE OUTSIDE Of THE WATER MAIN AND THE OUTSIDE Of ANY EXISTING OR PROPOSED VACUUM-TYPE SANITARY SEM:R, (C) NEW OR RELOCATED, UNDERGROUND WATER MAINS SHALL BE LAID TO PROVIDE A HORIZONTAL DISTANCE Of AT LEAST SIX FEET, AND PREFERABLY TEN rm. BETWEEN THE OUTSIDE OF THE WATER MAIN AND THE OUTSIDE or ANY EXISTING OR PROPOSED GRAVITY-OR PRESSURE-TYPE SANITARY SEM:R, WASTEWATER FORCE MAIN, OR PIPELINE CONVEYING RECLAIMED WATER NOT REGULATED UNDER PART Ill OF CHAPTER 62-610, F.A.C. THE MINIMUM HORIZONTAL SEPARATION DISTANCE BETWEEN WATER MAINS AND GRAVITY-TYPE SANITARY SEM:RS SHALL BE REDUCED TO THREE FEET WHERE THE BOTTOM or THE WATER MAIN IS LAID AT LEAST SIX INCHES ABDVE TIHE TOP OF THE SEM:R. (2) VERTICAL SEPARATION BETWEEN UNDERGROUND WATER MAINS AND SANITARY OR STORM SEM:RS, WASTEWATER OR STORM WATER FORCE MAINS, AND RECLAIMED WATER PIPELINES. (A) NEW OR RELOCATED, UNDERGROUND WATER MAINS CROSSING ANY EXISTING OR PROPOSED GRAVITY-DR VACUUM-TYPE SANITARY SEM:R OR STORM SEWER SHALL BE LAID SO TIHE OUTSIDE OF THE WATER MAIN IS AT LEAST SIX INCHES, AND PREFERABLY 12 INCHES, ABOVE OR AT LEAST 12 INCHES BELOW THE OUTSIDE or THE OTHER PIPELINE. HOWEVER, IT IS PREFERABLE TO LAY THE WATER MAIN ABOVE THE OTHER PIPELINE. (8) NEW OR RELOCATED, UNDERGROUND WATER MAINS CROSSING ANY EXISTING OR PROPOSED PRESSURE-TYPE SANITARY SEM:R, WASTEWATER OR STORMWATER FORCE MAIN, OR PIPELINE CONVEYING RECLAIMED WATER SHALL BE LAID SO THE OUTSIDE OF THE WATER MAIN IS AT LEAST 12 INCHES ABOVE OR BELOW THE OUTSIDE Of 11-!E OTHER PIPELINE. HO\\f:VER, IT IS PREFERABLE TO LAY THE WATER MAIN ABOVE THE OTHER PIPELINE. (C) Al THE UTILITY CROSSINGS DESCRIBED IN PARAGRAPHS (A) AND (B) ABOVE, ONE FULL LENGTH OF WATER MAIN PIPE SHALL BE CENTERED ABOVE OR BELOW THE OTHER PIPELINE SO THE WATER MAIN JOINTS Will BE AS FAR AS POSSIBLE FROM TIHE OTHER PIPELINE. ALTERNATIVELY, AT SUCH CROSSINGS, THE PIPES SHALL BE ARRANGED SO THAT ALL WATER MAIN JOINTS ARE Al LEAST THREE FEET FROM ALL JOINTS IN VACUUM-TYPE SANITARY SEWERS, STORM SEWERS, STORMWATER FORCE MAINS, OR PIPELINES CONVEYING RECLAIMED WATER REGULATED UNDER PART Ill OF CHAPTER 62-610, F.A.C., AND AT LEAST SIX FEET FROM ALL JOINTS IN GRAVITY-OR PRESSURE-TYPE SANITARY SEM:RS, WASTEWATER FORCE MAINS, OR PIPELINES CONVEYING RECLAIMED WATER NOT REGULATED UNDER PART Ill or CHAPTER 62-61D, F.A.C. NOTES: 1. AS-BUil TS: TIHE CONTRACTOR SHALL MAINTAIN A CURRENT AND UPDATED SET OF AS-BUILT DRAWINGS PREPARED BY A LICENSED SURVEYOR AT All TIMES DURING CONSTRUCTION AND SHALL PROVIDE THE ENGINEER A COMPLm SET or AS-BUILT DRA\11NGS AT THE COMPLETION OF CONSTRUCTION WHICH ARE SIGNED AND SEALED BY A SURVEYOR. 2. CONTRACTOR SHALL ADJUST All GRATES, COVERS. VALVE BOXES, ELECTRICAL BOXES, CLEANOUTS, ETC. FLUSH WITH THE NEW ASPHALT AND CONCRETE SURFACES. 3. CONTRACTOR IS RESPONSIBLE TO RESTORE ALL DISTURBED AREAS AND SURFACES TO EXISTING OR BEffiR CONDITION. I 4. ALL CONSTRUCTION SHALL BE PERFORMED IN ACCORDANCE WITH OAKLAND PARK STANDARDS AND SPECIFICAllONS, LATEST EDITION. 5. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF EXISTING UTILITIES, STRUCTURES, AND OTHER FEATURES ARE SHOWN ACCORDING TO THE BEST INFORMATION AVAILABLE AT THE TIME OF PREPARATION OF THESE PLANS. TIHE CONTRACTOR SHALL VERIFY TIHE LOCATIONS, ELEVATIONS, AND DIMENSIONS OF All EXISTING UTILITIES, STRUCTURES AND OTHER FEATURES AFFECTING THIS WORK PRIOR TO CQNSTRIJCTIQN. 6. THE CONTRACTOR SHALL CHECK THE PLANS tOR CONFLICTS AND DISCREPANCIES PRIOR TO CONSTRUCTION. TIHE CONTRACTOR SHALL NOTIFY THE OWNER'S ENGINEER OF ANY CONFLICTS OR DISCREPANCIES BEFORE PERFORMING ANY WORK IN TIHE AFFECTED AREA. 7. TIHE CONTRACTOR SHALL EXERCISE EXTREME CAUTION IN AREAS OF BURIED UTillllES, AND SHALL PROVIDE Al LEAST 48 HOURS NOTICE TO THE VARIOUS UTILITY COMPANIES, IN ORDER TO PERMIT MARKING THE LOCATIONS Of EXISTING UNDERGROUND UTILITIES, IN ADVANCE OF CONSTRUCTION, BY CALLING 'SUNSHINE" AT 1-800-432-477D. THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING All UTILITIES NOT INCLUDED IN THE 'SUNSHINE" PROGRAM. SITE LEGEND DESCRIPTION EXISTING WA 1ER MAIN PROPOSED FIRE LINE EXISTING SEWER MAIN PROPOSED SEWER MAIN EXISTING STORM PROPOSED STORM 20 0 &..J 2,0 GRAPHIC SCALE IN FEET SCALE 1" = 20' 24 x 36 SHEET 40 ! GRACE ENGINEERING CIVIL ENGINEERING CONSULTANTS CERTIFICATE OF Aun-10R1ZAT10N · No.29280 , l7l 10SW64THCOURT SOUTHWEST RANCHD, FLORIDA 33331 GRACEENGINEERINGLLC@GMAIL..COM 954.558,9628 GRACE Project No: C2295 I Drawing Date: October 31, 2016 I Revisions: & April 6, 2017 DRC Comments iti. Moy 11, 2017 DRC Comments Prepared For: Designrect nternationa Assocletes, Inc. AA26001933- Archilectum • Pl;inning • Interim Ooslgn i:.: (.) w ~ c.. 14125 N.W. 80th Ave. Suile 303 Miamilakes,Fl.33016 T. 786-235-9097 F. :J05·J62-4420 dtJinfo@~tiarchitectcom www.dttarchltect.com Cl) _J <( 0 z <( (.) Cl) SHEET NAME WATER& SEWER PLAN JOHN E. FLYNN, P.E. Florida License No. 63316 GR-\CE ENGP.-IEERJNG. LI.C Certificate of Authorization No. 292B0 SHEET NUMBER C-1 46 of 413 Item # 1Attachment #8 Page 5 of 12 NE 2nd AVENUE -7 - ----- - - - ----- ----- ----- ----- ----------!. -----' I~"' . . -. ....... ..... . .... ·••·· •• ... .. . 7 ff' 1! CITI TRENDS 3420 11,200 S.F. ...... 1 .. I ..... I-I .... SAVE A LOT 3400 19,548 S.F. I I I I COVERED OUTDOOR PATIO 2,470 S.F r---- 1 I ______________ J PROPOSED SCANDALS RESTAURANT W/BAR 3,980 S.F PROPOSED FFE = 3.79' NAVD (5.30' NGVD) EXISTING,15',RCP STORM -~ l'A ,, ~ ~ • . OPOSED SB LF 12" HDPE 'cot NECT.!.J~~~~tAiNSAND --·, ) . '" '· -PATIO DRAI_NS TO STORM ! EXISTING SIQRM INLET, ___ _,, '-' "" "'1;)(: TIPICAL \~ \- -,.-- \ le t --r- t r. t I' t [ -----11 EXISTING DRY DETENTION AREA 1' -I i I I I 1-w w et: I- (/) 0 et: ('() ('() w z N DEWATE ING FOR THIS PROJECT E EVATIONS HOWN ARE NAVD88 DATUM PUBLIC WORKS NOTES: 1. lHE PROPOSED WORK HAS BEEN DESIGNED IN ACCORDANCE Y!lH ALL APPLICABLE FEDERAL, STATE, COUNTY AND CITY CODES AND REGULATIONS HAVING J.IRISDICTIDN. IF ANY DISCREPANCIES EXIST BETWEEN lHE PLANS/SPECIFlCATIONS PREPARED BY lHE DESIGNER AND lHE CITY CODE ANO/OR lHE CITY STANDARD DETAILS, lHE LATER SHALL GOVERN OR lHE MOST SllllNGENT, 2. ALL VEGETATION, MUCK, AND ANY DELETERIOUS MATERIAL Y!lHIN lHE ROW UM/TS Of ALL SlllEETS AND ALLEYS AND REQUIRED OFF-SlllEET PARKING AREAS MUST BE REMOVED AND REPLACED V.,TH CLEAN flLL MATERIAL, FREE OF Sl\JMPS, LARGE ROOTS OR OlHER MATTIER NOT SUITABLE FOR INCLUSION IN ROADWAY FILL 3. 01\!jERSH/P AND MAINTENANCE OF THE SANITARY SYSTEM BY THE CITY IS LIMITED TO lHE MAINS FROM MANHOLE TO MANHOLE AND EXPRESSLY EXCLUDES SEWER LATERAL SERVICES. lHE SEY!ER LATERAL SERVICE FROM CRA'i!TY MAIN INTO THE BUILDING IS TO BE MAINTAINED BY THE PROPERTY OWNER. 4, lHE FlN/SH SURFACE OF BASE COURSE AND !HAT OF lHE ll'EARING SURFACE SHALL NOT VARY MORE THAN .04 FOOT FROM THE APPROVED GRADING PLAN (TEMPLATE) AND ALL AREAS SHALL BE GRADED TO DRAIN, ANY IRREGULARITIES EXCEEDING THIS LIMIT SHALL BE CORRECTEC. 5. THE ASPHALT SURFACE COURSE SHALL NOT BE PLACED UNTIL AS-BUILT DRAY!NG OF THE UMEROCK BASE HAVE BEEN SUBMITTED AND APPROVED BY lHE EOR AND CITY ENGINEER OR DESIGNEE. 6, ALL APPLICABLE FEDERA~ STATE, COUNTY, DRAINAGE D/Slll/CT AND CITY PERMITS FOR CONSTllUCTION OF PAVING, GRADING, DRAINAGE, WATER, AND SANITARY SEWER SHALL BE OBTAINED PRIOR TO CONSTllUCTION. 7, WATER MITTRS AND BACKFLOW DEVICES MUST BE LOCATED \\llHIN LANDSCAPED AREAS, B. WATER SERVICE LINES SHALL BE OPERATIONAL DURING PRESSURE TEST . '------'I NEW ASPHALT PAVEMENT CONTllACTOR TO REMOVE ALL EXISTING ASPHALT AND BASE MATERIAL TO THE APPROPRIATE DEPlH. COMPACT AND IMPROVE THE EXISTING SUB-BASE MATERIAL AS REQUIRED TO PR0\1DE 12" STABILIZED SUBCRADE. ~ 12" STABILIZED SUBGRADE MINIMUM LBR DF 40, COMPACTED TO 98% MAX DRY DENSITY (AASHTO D 1557). ~ 6" UMEROCK BASE (EXISTING UMEROCK BASE MATERIAL MAY BE UTILIZED IF ACCEPTABLE TO lHE GEOTECHNICAL ENGINEER), MINIMUM LBR OF 100, COMPACTED TO 98% MAX DRY DENSITY (AASHTO D 1557). ~ 2' FLORIDA DEPARTMENT OF TllANSPORTATION TYPE SP-9.5 ASPHALTIC CONCRETE IN TWO LIFTS. I : ; <, ; NEW CONCRETE SIDEWALK CONTllACTOR TO REMOVE ALL EXISTING ASPHALT AND BASE MATERIAL TO lHE APPROPRIATE OEPlH. COMPACT AND IMPROVE THE EXISTING SUB-BASE MATERIAL AS REQUIRED TO PR0\1DE 12" STABILIZED SUBCRADE. SUBGRADE: 12" STABILIZED SUBCRADE COMPACTED TO 95X MAX DRY DENSITY (AASHTO D 1557). CllliCllill; 4" OF 4000 PSI REINFORCED CONCRITT, SEE DETAILS NOTES: 1. AS-BUILTS: lHE CDNTllACTOR SHALL MAINTAIN A CURRENT AND UPDATED SET Of AS-BUILT DRA\\lNGS PREPARED BY A LICENSED SURVEYOR AT ALL TIMES DURING CONSTllUCTIDN AND S/HALL PR0\1DE lHE ENGINEER A COMPLETE SET OF AS-BUILT DRAV.,NGS AT lHE COMPLETION OF CONSTllUCTION WHICH ARE SIGNED AND SEALED BY A LICENSED SURVEYOR. 2. ELEVATIONS SHOll!j HEREON ARE BASED ON NAWBB DA1\JM. 3, CONTllACTOR SHALL ADJ.IST ALL GRATES. COVERS, VALVE BOXES, ELECTRICAL BOXES, CLEANOUTS, ETC. FLUS/H ~TH lHE NEW ASPHALT ANO CONCRETE SURF ACES. 4. CONTllACTOR IS RESPONSIBLE TO RESTORE ALL DIS1\JRBED AREAS AND SURFACES TO EXISTING OR BETTER CONDITION. REFER TO DETAIL SHEETS FOR ASPHALT AND CONCRETE PATCHING REQUIREMENTS. 5. CONTllACTOR SHALL PROVIDE INLET FlL TERS FOR ALL CATCH BASINS IN THE VICINITY FOR lHE DURATION OF THE PROJECT, flLTERS SHALL BE CLEANED AFTER EVERY STORM EVENT AND SHALL BE MAINTAINED CONTINUOUSLY TO AVOID SEDIMENT AND DEBRIS FROM ENTERING INLETS. 6. ALL EXISTING STORM CATCH BASINS AND MANHOLES SHALL BE COMPLITTLY CLEANED OUT BY LICENSED VAC ODNTllACTOR AND HAULER AT lHE COMPLETION OF CONSTllUCTION. 7. ALL CONSTllUCTIDN SHALL BE PERFORMED IN ACCORDANCE V.,JH BROWARD COUNTY STANDARDS AND SPEC/FICA TIONS, LA TEST EDITION. 8. LOCATIONS, ELEVATIONS, AND DIMENSIONS OF EXISTING UTILITIES, SlllUCTURES, AND OlHER FEA1\JRES ARE SHD\\lj ACCORDING TO lHE BEST INFORMATION AVAILABLE AT THE TIME OF PREPARATION Of THESE PLANS. lHE CONTllACTOR S/HALL VERIFY THE LOCATIONS, ELEVATIONS, AND DIMENSIONS or ALL EXISTING UTILITIES. SlllUCiURES AND OTHER FEA1\JRES AFFECTING !HIS WORK PRIOR m CONSJRUCJ)ON 9. THE CONTllACTOR SHALL OiECK lHE PLANS FOR CONFLICTS AND DISCREPANCIES PRIOR TO CDNSTllUCTION, lHE CONTllACTOR SHALL NOTIFY lHE OWNER'S ENGINEER OF ANY CONFLICTS OR DISCREPANCIES BEFORE PERFORMING ANY WORK IN lHE AFFECTED AREA. 10. lHE CDNTllACTOR SHALL EXERCISE EXTllEME CAUTION IN AREAS OF BURIED UTILITIES, AND SHALL PROVIDE AT LEAST 48 HOURS NOTICE TO lHE VARIOUS UTILITY COMPANIES, IN ORDER TO PERMIT MARKING lHE LOCATIONS OF EXISTING UNDERGROUND UTILITIES, IN ADVANCE OF CONSTllUCTION, BY CAWNG "SUNSHINE" AT 1-600-4J2-4770. lHE CONTllACTOR IS RESPONSIBLE FOR CONTACTING ALL UTILITIES NOT /NCWDED IN THE "SUNSI-INE" PROCRAM. ITE LEGEND SYMBOL MEG FFE MATCH EXISTING GRADE GRAPHIC SCALE IN FEET FINISHED FLOOR ELEVATION SCALE 1" = 20' PROPOSED SPOT GRADE 24 x 36 SHEET 40 ! )IT]9J EXISTING SPOT GRADE ~iLWiidf+liiiiHHiiiiH-idi·lifi+~ EXISTING STORM PIPING - PROPOSED STORM PIPING ~ G RA C E ENGINEERING CIVIL ENGINEERING CONSULTANTS CERTIFICATE OF AUTHORIZATION No,29280 "· ,. .'.. 17110 5W64THCOURT SOUTHWEST RANCHES, FLORIO-' 33331 GRACEENGINEERINGLLCfelGMfJL.COM 954.558.9628 GRACE Projec1 No: C2295 Drawing Dale: October31,2016 Revisions: lb. April 6, 2017 · DRC Comments Prepared For: Designrect nternationa Associates,lnc. AA26001~33 Archilecture • Planning • Interior Design 14125 N.W. 80thAve. Suite 303 Mlam1 Lakes, Fl. 33016 L /80-235-0UW F. 305-362--4420 dliinfo@dtiarctiilect.com wm,.dtiarchiteclcom <( 0 ii: 0 ....I Cl) LL _J <( 0 z <( (.) ~ a::: Cl) C: i,:.: 0 (.) z LU :5 --, 0 ~ a::: ~ a.. SHEET NAME PAVING, GRADING & DRAINAGE PLAN John Dlgltallyslgnedby JohnEFlvnn DN:cwUS,o=ldenTrust \\\,,\1111.'~~IJ]ijffihated E •''''i,~' 4 ciy{'<P.•JohnE f~?,-~:c·~~.@1'Ji.10,. I :: Nu, 6~:_?,',~£'"l''• F ynn ~.,.,,,, .. b~s ;: • 0-.2211-04'00(t; \"~·. STATE OF I/ \~·."'t.oR\01--,·~,/ ~~,{~iC>NA.:_·\~,,,,, ,,,,,11111111,11\\\ JOHN E. FLYNN, P ,E. Florida Ucense No, 63316 GRACE ENG!KEERl:IIG, LLC Certificate of Authorization No. 292B0 SHEET NUMBER C-2 47 of 413 EXISTING 3570 6,999 S.F. EXISTING 3440 5,071 S.F NORTH ANDREWS AVENUE EX I S T I N G 35 2 0 SAVE A LOT 3400 19,548 S.F. CITI TRENDS 3420 11,200 S.F. NA I L S A L O N 34 2 4 - 2 , 0 0 0 S . F . BE T H C O O P E R P A 34 3 6 - 1 , 2 0 0 S . F . A+ I N C O M E T A X 34 4 6 - 1 , 6 0 0 S . F . VA C A N T R E T A I L 34 5 0 3, 2 0 0 S . F . BL I S M I L L A B E A U T Y 34 5 4 - 1 , 3 2 4 S . F . HE R E N O W UR G E N T C A R E 34 6 0 5, 0 0 0 S . F . CI A R R A L L A U N D R Y 35 6 0 5, 0 4 1 S . F . KL I M L I N G S A C A D E M Y 35 5 0 14 , 1 0 0 S . F . CRUNCH FITNESS 3500 30,000 S.F. AMERICAS GOT SOCCER 3488 21,232 S.F. VA C A N T R E T A I L 35 8 6 - 3 4 9 0 4, 5 0 0 S . F . NE 2nd AVENUERESIDENTIAL DISTRICT RE S I D E N T I A L D I S T R I C T LIGHT INDUSTRIAL DISTRICT NE 3 3 r d S T R E E T LI G H T I N D U S T R I A L D I S T R I C T CO M M U N I T Y B U S I N E S S S00°00'54"W=1142.25' N8 9 ° 5 1 ' 3 5 " E = 5 7 6 . 2 3 ' N00°00'05"E=489.61' N44°59'55"W=16.97'N00°00'05"E=315.00'N06°50'39"E=100.72'N00°00'05"E=72.47' N8 9 ° 4 9 ' 3 0 " W = 1 3 0 . 0 0 ' ( P ) N00°00'05"E=150.00' (P) N8 9 ° 4 9 ' 3 0 " W = 4 4 5 . 9 6 ' ( P ) 3450 4.07 P.S. 1,324 sq ft 16.66 P.S. BISMILLA BEAUTY3454 3460 HERE NOW URGENT CARE 5,000 sq ft 583 P.S. REQUIRED 679 P.S. PROVIDED96 P.S. EXCESS SHOPPING CENTERTOTAL 1X300 GROSS 1X325 GROSS 1X325 GROSS 1X325 GROSS 1X300 GROSS PARKING RATEAREA PARKING REQD.EXISTING TENANT AREATENANT PROPOSED PARKING CALCULATION 11,200 sq ft 1X325 GROSS 34.46 P.S.CITY TREND3420 2,000 sq ft 6.15 P.S.NAIL SALON 3424 65.33 P.S.3488 AMERICAS GOT SOCCER 21,232 sq ft 1X325 GROSS 13.85 P.S.3486/3490 VACANT RETAIL SPACE 4,500 sq ft 1X325 GROSS 150 P.S.CRUNCH FITNESS 30,000 sq ft 1X200 GROSS3500 43.38 P.S.KLIMLINGS ACADEMY 14,100 sq ft 1X325 GROSS3550 15.51 P.S.CIARRAL LAUNDRY 5,041 sq ft 1X325 GROSS3560 21.53 P.S.AUTO ZONE INC.6,999 sq ft 1X325 GROSS3570 5.77 P.S.WINGLOON CHINESE DRIVE IN 1,154 sq ft 1X200 GROSS3520 15.60 P.S.COSMIX, INC.5,071 sq ft 1X325 GROSS3440 1X325 GROSS 36.25 P.S.ROCK CLIMBING STUDIO 11,782 sq ft ZONING CALCULATIONS CURRENT USE: RETAIL PERMITTED FRONT SETBACK PROVIDED REAR SETBACK INTERIOR SIDE SETBACK BUILDING HEIGHT 25'- 0" 100' - 0" 15' - 0" 12,500 S.F. MIN. (100'x125') 370' - 2" 135'- 1" 130' - 6" 21' - 6" NET LOT BUILDING LOT COVERAGE 633,172 SF -LANDSCAPE AREA. 25 % -EXISTING BUILDING -SCANDALS RESTAURANT W/ BAR TOTAL SHOPPING CENTER 119,945 sq ft 428.33 P.S. TOTAL OUTPARCEL 13,224 sq ft 42.90 P.S. LAND USE DESIGNATION: COMMERCIAL ZONING DESIGNATION: B-1 (COMMUNITY BUSINESS) WATER/WASTE WATER SERVICE PROVIDER: CITY OF OAKLAND PARK 24.48 % (155,000 SF) LOADING SPACES 4 NUMBER OF STORIES 1 1 VEHICULAR USE AREA - (331,124 SF) 52.29% OF SITE OPEN SPACE/LANDSCAPE AREA 142,059 SF / 22.43 % (APPROVED) (149,820 SF) 23.66 % COUNTY LAND USEADJACENT PROPERTIES ZONING DESIGNATION NORTH MEDIUM RESIDENTIAL RM-16 (MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL) EAST LOW RESIDENTIAL R-1 (SINGLE FAMILY RESIDENTIAL) NORTHEAST MEDIUM RESIDENTIAL RM-16 (MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL) LOW RESIDENTIAL R-1 (SINGLE FAMILY RESIDENTIAL) SOUTHEAST INDUSTRIAL I-1 (LIGHT INDUSTRIAL) SOUTH WEST INDUSTRIAL I-1 (LIGHT INDUSTRIAL) B-1 (COMMUNITY BUSINESS)COMMERCIAL B-1 (COMMUNITY BUSINESS) R-O (RESIDENCE OFFICE)COMMERCIAL 15' - 0" PROPOSED 19 P.S REQUIRED - NEW CONCRETE SIDEWALK 19,548 sq ft 1X325 GROSS 60.15 P.S.SAVE ALOT3400 1,200 sq ft 4 P.S.BETH COOPER PA3436 4.92 P.S.1,600 sq ft 9.85 P.S. A+ INCONTAX3446 3,200 sq ftVACANT 149,249 sq ftSHOPPING CENTERTOTAL CITY TREND NAIL SALON 36.25 P.S.ROCK CLIMBING STUDIO 1X325 GROSS TOTAL OUTPARCEL TOTAL HANDICAP HANDICAP PARKING SPACES 2% OF 689 P.S REQUIRED SCANDALS RESTAURANT W/ BAR 3,198 sq ft 1X50/COSTUMER Carlos Pizarro, R.A. AR - 0013079 Revisions: Date Description SHEET NUMBER Drawn by: SHEET NAME Checked by: Job Number: File name: Issued Date: PR O J E C T : 16032.03 J.C. C.PIZARRO DE V E L O P E R : OA K L A N D P A R K , F L O R I D A 3 3 3 0 9 AM O S C H E S S / S E L A , L L C 84 0 E A S T O A K L A N D P A R K B L V D , # 1 1 0 FO R T L A U D E R D A L E , F L 3 3 3 3 4 SC A N D A L S AT F E S T I V A L S H O P P I N G C E N T E R RE S T A U R A N T W / B A R PROPOSED SITE PLAN PROPOSED SITE PLAN 1 SP-1.1 63.96 P.S.COSTUMER S. SP-1.0 SERVICE AREA -EXISTING ACCESSIBLE ROUTE TO RIGHT OF WAY. 01-24-2017 1,100 sq ftSTANDING AREA.1X100/PUBLICASSEMBLY 11.00 P.S.- Item # 1Attachment #8 Page 6 of 12 48 of 413 PLAN VIEW TRUNCATED DOME Carlos Pizarro, R.A. AR - 0013079 Revisions: Date Description SHEET NUMBER Drawn by: SHEET NAME Checked by: Job Number: File name: Issued Date: PR O J E C T : 16032.03 J.C. C.PIZARRO DE V E L O P E R : OA K L A N D P A R K , F L O R I D A 3 3 3 0 9 AM O S C H E S S / S E L A , L L C 84 0 E A S T O A K L A N D P A R K B L V D , # 1 1 0 FO R T L A U D E R D A L E , F L 3 3 3 3 4 SC A N D A L S AT F E S T I V A L S H O P P I N G C E N T E R RE S T A U R A N T W / B A R SP-1.1 ENLARGED SITE PLAN ENLARGED SITE PLAN H.C PARKING DETAIL H.C SIGN DETAIL DETECTABLE WARNING DETAIL CONCRETE CURB DETAIL PAINTED TRAFFIC ARROWS DETAIL SITE GENERAL NOTES KEY NOTES 2 3 4 5 6 7 BRUSHED CONC. SIDEWALK LEGEND 1 01-24-2017 Item # 1Attachment #8 Page 7 of 12 49 of 413 SCANDALS RESTAURANT W/ BAR (FULLY SPRINKLERED) 3,980 S.F. COVERED OUTDOOR PATIO 2,470 S.F. Carlos Pizarro, R.A. AR - 0013079 Revisions: Date Description SHEET NUMBER Drawn by: SHEET NAME Checked by: Job Number: File name: Issued Date: PR O J E C T : 16032.03 J.C. C.PIZARRO DE V E L O P E R : OA K L A N D P A R K , F L O R I D A 3 3 3 0 9 AM O S C H E S S / S E L A , L L C 84 0 E A S T O A K L A N D P A R K B L V D , # 1 1 0 FO R T L A U D E R D A L E , F L 3 3 3 3 4 SC A N D A L S AT F E S T I V A L S H O P P I N G C E N T E R RE S T A U R A N T W / B A R 01-24-2017 CRIME PREVENTION THROUGH ENVIRONMENTAL DESING KEY NOTES CPTED-1.0 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN Item # 1Attachment #8 Page 8 of 12 50 of 413 SAVE A LOT 3400 19,548 S.F NOT PART OF THIS PROJECT FLOOR PLAN FLOOR PLAN -LANDSCAPE AREA. - (3,198 S.F) COSTUMER SERVICE AREA CALCULATED BY MEASURING ALL AREAS COVERED BY COSTUMER TABLES AND BAR SURFACES AND ANY FLOOR AREA WITHIN (5) FEET OF THE EDGE OF SAID TABLES AND BAR SURFACES, MEASURED IN ALL DIRECTIONS WHERE COSTUMER MOBILITY IS PERMITTED - (878 S.F) OUTDOOR SEATING AREA, AS AN ACCESSORY USE TO AN ENCLOSED RESTAURANT SHALL NOT EXCEED 49 % OF THE TOTAL GROSS FLOOR AREA OF THE INTERIOR COSTUMER SERVICE AREA (2,320 S.F). -BAR AREA REQUIRED (25 % OF RESTAURANT FLOOR AREA)= 985 S.F-BAR AREA PROVIDED (16.7 % OF RESTAURANT FLOOR AREA)= 657 S.F Carlos Pizarro, R.A. AR - 0013079 Revisions: Date Description SHEET NUMBER Drawn by: SHEET NAME Checked by: Job Number: File name: Issued Date: PR O J E C T : 16032.03 J.C. C.PIZARRO DE V E L O P E R : OA K L A N D P A R K , F L O R I D A 3 3 3 0 9 AM O S C H E S S / S E L A , L L C 84 0 E A S T O A K L A N D P A R K B L V D , # 1 1 0 FO R T L A U D E R D A L E , F L 3 3 3 3 4 SC A N D A L S AT F E S T I V A L S H O P P I N G C E N T E R RE S T A U R A N T W / B A R A-1.0 01-24-2017 Item # 1Attachment #8 Page 9 of 12 51 of 413 SAVE A LOT 3400 19,548 S.F NOT PART OF THIS PROJECT Carlos Pizarro, R.A. AR - 0013079 Revisions: Date Description SHEET NUMBER Drawn by: SHEET NAME Checked by: Job Number: File name: Issued Date: PR O J E C T : 16032.03 J.C. C.PIZARRO DE V E L O P E R : OA K L A N D P A R K , F L O R I D A 3 3 3 0 9 AM O S C H E S S / S E L A , L L C 84 0 E A S T O A K L A N D P A R K B L V D , # 1 1 0 FO R T L A U D E R D A L E , F L 3 3 3 3 4 SC A N D A L S AT F E S T I V A L S H O P P I N G C E N T E R RE S T A U R A N T W / B A R A-2.0 ROOF PLAN ROOF PLAN 01-24-2017 Item # 1Attachment #8 Page 10 of 12 52 of 413 IMPACT GLASS STOREFRONT T. O. PARAPET EL. (+) 21'-6" Carlos Pizarro, R.A. AR - 0013079 Revisions: Date Description SHEET NUMBER Drawn by: SHEET NAME Checked by: Job Number: File name: Issued Date: PR O J E C T : 16032.03 J.C. C.PIZARRO DE V E L O P E R : OA K L A N D P A R K , F L O R I D A 3 3 3 0 9 AM O S C H E S S / S E L A , L L C 84 0 E A S T O A K L A N D P A R K B L V D , # 1 1 0 FO R T L A U D E R D A L E , F L 3 3 3 3 4 SC A N D A L S AT F E S T I V A L S H O P P I N G C E N T E R RE S T A U R A N T W / B A R 01-24-2017 A-3.0 ELEVATIONS WEST ELEVATION SOUTH ELEVATION EAST ELEVATION Item # 1Attachment #8 Page 11 of 12 53 of 413 L u m i n a i r e S c h e d u l e P r o j e c t : S C A N D A L S A T F E S T I V A L S H O P P I N G C E N T E R - S I T E _ R E V 2 O A K L A N D P A R K , F L 0 4 / 1 1 / 2 0 1 7 S y m b o l Q t y L a b e l A r r a n g e m e n t M a n u f a c t u r e r D e s c r i p t i o n L u m . L u m e n s L L F L u m . W a t t s 3 S A B A C K - B A C K L i t h o n i a L i g h t i n g D S X 1 L E D 6 0 C 1 0 0 0 5 0 K T 5 W M V O L T M H : 2 5 ' P O L E M O U N T A . F . G . 2 3 1 1 7 0 . 8 5 5 2 0 9 2 S B S I N G L E U S A r c h i t e c t u r a l L i g h t i n g O V P T 1 - L E D / G R V - V / 3 6 L E D - N W / P T M H : 1 2 ' W A L L M O U N T A . F . G . 2 5 5 3 0 . 8 5 5 4 1 4 S W S I N G L E U S A r c h i t e c t u r a l L i g h t i n g O V P T 1 - L E D / G R V - I I I / 3 6 L E D - N W / W M M H : 1 2 ' W A L L M O U N T A . F . G . 2 3 8 0 0 . 8 5 5 4 1 C a l c u l a t i o n S u m m a r y P r o j e c t : S C A N D A L S A T F E S T I V A L S H O P P I N G C E N T E R - S I T E _ R E V 2 O A K L A N D P A R K , F L 0 4 / 1 1 / 2 0 1 7 L a b e l C a l c T y p e U n i t s A v g M a x M i n A v g / M i n M a x / M i n E N T R Y I l l u m i n a n c e F c 2 . 7 6 4 . 0 1 . 0 2 . 7 6 4 . 0 0 P A R K I N G L O T I l l u m i n a n c e F c 2 . 4 5 3 . 5 1 . 2 2 . 0 4 2 . 9 2 C a r l o s P i z a r r o , R . A . A R - 0 0 1 3 0 7 9 R e v i s i o n s : D a t e D e s c r i p t i o n S H E E T N U M B E R D r a w n b y : S H E E T N A M E C h e c k e d b y : J o b N u m b e r : F i l e n a m e : I s s u e d D a t e : PROJECT: 1 6 0 3 2 . 0 3 J . C . C . P I Z A R R O DEVELOPER: OAKLAND PARK, FLORIDA 33309 AMOS CHESS / SELA, LLC 840 EAST OAKLAND PARK BLVD, #110 FORT LAUDERDALE, FL 33334 SCANDALS AT FESTIVAL SHOPPING CENTER RESTAURANT W/ BAR E N G I N E E R I N G E L E C T R I C A L * M E C H A N I C A L * P L U M B I N G B U C H A N A N P . E C O N S U L T I N G I N C . S E A L D A T E : S I T E P H O T O M E T R I C P L A N S P - 1 Item # 1Attachment #8 Page 12 of 12 5 4 o f 4 1 3 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 3 MEETING DATE: 6/7/2017 PREPARED BY: Gregory Garcy Permit & Licensing Supervisor Stephen Scott Assistant Director, Engineering and Community Development Jennifer Frastai Director Engineering and Community Development DEPARTMENT HEAD APPROVAL: ECD Code Liens/Community Enhancement SUBJECT: Lien Negotiated Settlement – Code Case # 179914 – Florida Real Estate Investors Fund LLC, at 731 NE 58 Court, a single family residential property. 1. BACKGROUND/HISTORY Issue Statement: The owner of the residential property located at 731 NE 58 Court, is requesting a partial release of outstanding code enforcement lien and fine of $8,500 plus $295 in mowing fees. Recommended Solution: The City Commission approve the proposed settlement offer of $1,375 for Code Enforcement Lien - Case Number 179914 with Florida Real Estate Investors Fund LLC, owner of the foreclosed property located at 731 NE 58 Court. Case 179914: Hearing date: 11/15/2016 Required compliance date: 11/30/2016 Fines for all violations accrue at $250/day Violation of Sec.8.7 - Stagnant Water & Dense Growth of Vegetation - Complied: 1/3/17 Item # 3 55 of 413 Total fine / lien - $8,500 plus $295 in hard costs. 2. CURRENT ACTIVITY The offer is $605 plus $295 in mowing fees, $150 in administrative fees and $325 in recording and processing fees, for a total of $1,375. The total settlement offer is to be paid within sixty (60) days of the City Commission’s approval. Failure to pay within the sixty (60) days would void the settlement. The negotiated settlement was coordinated with the City Attorney's Office. The settlement amount reflects that Bank of America foreclosed on the previous owner, Carl Hiel. The new owner, Florida Real Estate Investors Fund LLC, has chosen to settle with the City of Oakland Park to resolve the outstanding liens. Based on advice from the City Attorney, the City's lien interest has been foreclosed, therefore, the proposed settlement is in the City's best interest. The property is in compliance (picture attached). There is no other outstanding code case on this property. 3. FINANCIAL IMPACT The proposed settlement will result in the City receiving $1,375 in fines and reimbursement for the City’s efforts in restoring this property into compliance with City ordinances. 4. RECOMMENDATION It is recommended that the City Commission approve the proposed partial lien release settlement in regard to Code Enforcement Lien - 179914, – Florida Real Estate Investors Fund LLC, owner of the single family residential property located at 731 NE 58 Court. ATTACHMENTS: Descr ipt ion Settlement Request Property Location - Photo Signed Offer Item # 3 56 of 413 Item # 3Attachment #1 Page 1 of 1 Gregory Garcy From: Sent: To: Subject: Attachments: Greg, Matt Habibi <matt@mhabibilaw.com> Friday, April 28, 2017 10:44 AM Gregory Garcy Re: 731 NE 58 Ct CT.pdf; FJ.pdf; Lien 1.pdf; Lien 2.pdf; LP.pdf I just left you a voicemail as well ... feel free to give me a call or simply respond here. Have you had a chance to determine the cost for obtaining partial releases for these extinguished code liens? Best regards, Matt Habibi The Law Office of Matt A. Habibi, P .L. Mailing Address: P.O. Box 2441, Fort Lauderdale, FL 33303 Office Address: 1700 E. Las Olas Blvd., Suite 301, Fort Lauderdale, FL 33301 Office: (954 )728-9696 Cell: (516)749-4206 Email: matt@mhabibilaw.com For more information visit us at www.mhabibilaw.com *Licensed in Florida and New York. NOTICE OF CONFIDENTIALITY: This electronic message and its attachment(s) (if any) are intended solely for the use of the addressee hereof. In addition, this message and the attachment(s) (if any) may contain information that is CONFIDENTIAL, PRIVILEGED and exempt from disclosure under the attorney-client and/or attorney work product privilege and applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply electronic message and delete this message from all locations. THIS OFFICE IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. 57 of 413 731 NE 58 Court PROPERTY LOCATION PROPERTY PHOTO Item # 3Attachment #2 Page 1 of 1 NE61stSl z z rr. fT1 u, !,!;I 5-;:r -I l> ~ < ol (1) n ro IV£ 59th St I\JE 5811 St OS • z: ,, :n 5- l> < "' '< ,,, z r:, cr, 5- -I ~ o:; n "' NE59th Cl t -z m C, 5- ? <I) > <;( .c .;;- w z NE 09th St E 58th St E 57th Ct NE 57th St z n -.. 5- l> < ,,, NE61s St NE 60th S 1(, 59 h Cl 731 Northeast 58th Court NE 58th Cl '11£ SelhS z z m m ~ ;:: -::::,-= l> NE 57th Sl < (!: "' ol n (1) "James s . Rickards ~ M iddl e School @) El El --+ C P rir 58 of 413 Item # 3Attachment #3 Page 1 of 1 SETTLEMENT OFFER (Partial Release of Lien) May 3, 2017 Florida Real Estate Investors Fund LLC Clo Matt A. Habibi PL 10100 W Sample Rd #325 Coral Springs FL 33065 RE: Code Enforcement Fine Property Owner: Florida Real Estate Investors Fund LLC Property Address: 731 NE 58 Court Case Number: 179914 Total Fine Amount: $8,500 plus $295 in moving fees We,_ Florida Real Estate Investors Fund LLC _, offer is $605 plus $295 in mowing fees, $150 administrative fee and $325 for recording & processing fees for a total amount of $1,375. We understand that this settlement is for a partial release from the two liens associated v\lith case# 179914. We, _ Florida Real Estate Investors Fund LLC _, release, discharge, and waive all claims that we have or may have in the future against the City of Oakland Park from any and all claims related to or arising from code enforcement matters for the above code enforcement violations. Florida Rzt-<f:rs Fund L~ 5 \11 I 11 · Date Prill b A--Cumber Print Name Before me, a nouublic, personally appeared the above signed property owner( s) who acknowledged the same before me on this day of MO\~ , 201]_. ~ ts-\(.f:anie \[ n s a qe, Notary J (SEAL) ~~"< Pus, ESTEFANIA VERSAGE <!'~ MYCOMMJSSIOM#GG 027913 * * EXPIRES: September 7, 2020 411 ·~ • :.:;.,._ ~ Bondod ThtU Budget Not=fY ServiCe!J ·c-o,:f\.O 59 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 4 MEETING DATE: 6/7/2017 PREPARED BY: Robin Greco Deputy City Clerk DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: Unsafe Structures Board - One (1) Member 1. BACKGROUND/HISTORY Issue Statement: The City Clerk's office has received an application to fill the vacant Property Manager discipline. Recommended Action: The City Commission, by consensus, appoint the applicant to serve a three (3) year term and adopt the resolution. ARTICLE III. UNSAFE STRUCTURES BOARD Sec. 5-31. Created; composition. The Unsafe Structures Board is hereby created, consisting of nine (9) members who shall be appointed by the city commission. All professional members of the Unsafe Structures Board shall be registered and licensed in the State of Florida. In the event the city commission cannot find a properly qualified resident of the city, it may by a majority vote appoint a qualified nonresident for the specific categories or professions required. (Ord. No. O-93-14, § 8, 10-6-93) Sec. 5-32. Qualifications of members and terms of office. (a)Qualifications. Members of the board shall be permanent residents of the area under the jurisdiction of the city commission authority who possess outstanding reputations for civic activity, interest, integrity, responsibility and business or professional ability. The composition and representative membership of the board shall be as follows: (1) Registered engineer (2) Registered architect (3) General building contractor (4) Electrical contractor (5) Attorney-at-law (6) Plumbing contractor Item # 4 60 of 413 (7) Real estate appraiser (8) Real estate property manager (9) Citizen with experience and background in the field of social problems Appointments shall be for the term of three (3) years provided that the term shall continue until a successor is appointed and qualified. Appointments to fill any vacancy on the board shall be for the remainder of the unexpired term, but failure to fill a vacancy shall not invalidate any action or decision of the board. Five members of the board constitute a quorum necessary to hold a meeting. Current Members: Member Term Expires Discipline Resolution # Martin Gross September 2019 Prof. Engineer R-2016-095 Carlos Lozano June 2018 Architect R-2015-071 Joseph Patrick October 2018 Plumbing Contr. R-2015-132 Cheryl Rae Sader May 2020 Citizen/Teacher R-2017-052 John Sobol May 2020 Gen. Contractor R-2017-052 VACANT Attorney VACANT Elect. Contractor VACANT Property Mgr. VACANT Real Est. Appr. 2. CURRENT ACTIVITY On May 16, 2017, the City Clerk's office received a board member application from Marylou Adams to be considered for the Unsafe Structure Board's "Property Manager" position. The application is attached for City Commission consideration. The clerk's office continues to advertise in various publications the opportunity to serve on this board. The Board meets, as needed, the first Tuesday of every month at 7:30 p.m. Applicant Serves on a Board Discipline Contact Information Marylou Adams No Property Manager 954-771-4400 madams@rwnk.com Item # 4 I II I 61 of 413 3. FINANCIAL IMPACT N/A 4. RECOMMENDATION Staff recommends the City Commission, by consensus, appoint one (1) member for a three (3) year term and adopt the resolution. ATTACHMENTS: Descr ipt ion Resolution Application Item # 4 62 of 413 Page 1 of 2 RESOLUTION NO. R-2017-XXX 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 3 OF OAKLAND PARK, FLORIDA APPOINTING ONE (1) 4 MEMBER TO SERVE ON THE UNSAFE STRUCTURES 5 BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR 6 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 7 8 WHEREAS, the City Commission of the City of Oakland Park appoints nine 9 (9) members of the Unsafe Structures Board Appointment pursuant to Article III of 10 Section 5-31 of the Oakland Park Code of Ordinances; and 11 12 WHEREAS, all appointments shall be for the term of three (3) years provided 13 that the term shall continue until a successor is appointed and qualified; and 14 15 WHEREAS, the City Commission deems it to be in the best interests of the 16 City to appoint one (1) member to serve on the Unsafe Structures Board; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 19 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 20 21 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 22 hereby ratified and confirmed by the City Commission. 23 24 SECTION 2. The City Commission of the City of Oakland Park, Florida 25 hereby appoints the following member to serve on the Unsafe Structures Board: 26 27 Board Member Term Expiration 28 29 _____________________ ________________ 30 31 32 SECTION 3. The appropriate City officials are authorized and directed to 33 execute the necessary documents to effectuate this Resolution. 34 35 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be 36 and the same are repealed to the extent of such conflict. 37 38 SECTION 5. If any clause, section or other part of this Resolution shall be 39 held by any court of competent jurisdiction to be unconstitutional or invalid, such 40 unconstitutional or invalid part shall be considered eliminated and will in no way affect 41 the validity of the other provisions of this Resolution. 42 43 Item # 4Attachment #1 Page 1 of 2 63 of 413 Page 2 of 2 SECTION 6. This Resolution shall become effective immediately upon its 1 passage and adoption. 2 3 ADOPTED by the City Commission of the City of Oakland Park, Florida this 4 7th, day of June, 2017. 5 6 7 8 CITY OF OAKLAND PARK, FLORIDA 9 10 11 12 13 ___________________________________ 14 MAYOR JOHN ADORNATO III 15 16 T. LONERGAN _____ 17 S. GUEVREKIAN _____ 18 M. SPARKS _____ 19 M. CARN _____ 20 J. ADORNATO _____ 21 22 23 24 25 ATTEST: 26 27 28 29 30 RENEE M. SHROUT, CMC 31 CITY CLERK 32 Item # 4Attachment #1 Page 2 of 2 64 of 413 Item # 4Attachment #2 Page 1 of 2 ,,..J I Crtyu/ OAKLAND PARK -fl.ORIO.\ ---~- CITY OF OAKLAND PARK APPUCA TlON FOR ADVISORY BOARD APPOINTMENTS Your Ser\'kc to our City Is Earnestly SoUdtcd Service on a Board or Committee provides citizens with an opportunity to help shape policy and direction for the City of Oakland Park. Residents are cordially invited to apply for appointment by the City Commission to a City Board. Applications are valid for three {3) years. Please check Boards/Committees for which you wish to be considered: D Art and Cultural Board D School Advisory Board Ja Unsafe Structures Board* D Beautification Advisory Board D Board of Adjustment* D Code Enforcement Board* 0 Historic Preservation Board D Planning and Zoning Board* D PoJice/Fire Pension Board* D Local Government Academy (Eight week course) D Civil Service Board Application is for: Cl New Appointment Cl Re-submission Cl If you currently serve on a Board, please state which Board _____________ _ * Per Section 112.317 Florida Statutes, Members o(Some Boards are required to .file a Fi11anc:ia/ Disclosure Report. Please type or print i11fol'matio11. PERSOm: E-MailAddress:fY{adatn5d NJ/I k. l.D 1l1 Name: ~ryfo., Ada rns Residential Address: 5W-1 JV E. 4':o/4: U£. Business Number: ft!!Jt:} 1? 1-'t'/-OO Oakland Park, Zip: 4,B-3,3 '-/: Telephone Nt1mber:....,_,9,-;.~ ...... 3/i......_1~2 ...... /-~7-,3~L5=--- Cell Number: H$1 f¥'/-G, '~ (You must use your Oakland Park home address on this application.) Voting Precinct Number: --10...,_0_/ __ b ____ _ EDUCATION: Name ofHigb School: [Yl l!. b.o Wf.il ft I G. {+ t(; LI+ 60~ Location: 'Ee.,£.) Pe · College (ifapplicable): H: L..Al.lPU.DA-1£ Location: ft hA@UIJALf; ;:-J.. Years Completed:_....;..l 2 ...... 1..:..:~~---Degree: :..lli:::l:..:.C........:;:s,,i~~~'.;::;,(!'.~::=:;::, •• Id qf $tudy: ikd& U-r8:r£ J.. I 'e..e 1 cc '1 olGt~00$7" ~01-Z,fOne.(' Ii> Other professional or technical training (Name of school, course name, etc.): aeic, d d. S' I, C /1l lC e/\.S El i EMPLOYMENT: ;z<Jo~ 07'1:r ~~rr,rre, PII. RIIIJ, ,t~st'j'M'''µ Currentorlasternployer.iAA¢.-h Wu,..ve,. Norfi:¢f: K>rtz. .,_ {!_o Address:5),o N. F@fBM /.JltW:t, H b,aud.e[ti)a I~ /i. 35:,of Position: S°eNo C /Jropet'-f-y h Q'e.C" Years of Service: :}OCI f -f re, ${Pf\ f- Duties:Bes po/\.$1 b le -f!o" Mof'~tte.m.e..rd of 900;000 59.-A-, c,£ offie.e/re+all S"paCG See. &*OCJ) q F cJ , ' / i OTHER QUALIFICATIONS: Briefly describe any specific expertise and/or abilities that would pertain to your service on a City Board: MEMBERSHIPS: Oakland Park Organizatlon(s) Years in Membership Office Held {ifany) 6fl.KLA:et O PM K k]w PrA)f.S ~oo5 ... frese"'+ Ilfr;A-~u~EA ~06b -PRe.s~+ Outside City 'Bo lJirJ understand that in accordance with the Florida Sunshine Law, this information will be available for public review and I waive any objections to such publication. 11(1 understand that appointment to any of the positions indicated above is a voluntary sen-Jee. ~f appointed, J agree to faithfully and fully perform the duties of my office, will make every endeavor to serve my full term, and will comply with all laws or ordinances of the City, County, and State of Florida, particularly those pertaining to the conduct of pubJic office and the financial discl~r,-u~remcnts, if applicable, to my position. n C ~ E /VE ii'1 understand, ff appointed, an updated application must be submitted to seek appointment to another advisory board. D p{r understand that if appointed, I must take the oath of office prescribed in the Florida Statutes. MAY 1 6 2 Q 17 a;( J understand that I may sit on only one Commission appointed board. CITY CLER Please Completely Fill Out & Return this Application to the City CJcrk's ffice for Processing. City of Oakland Park • 3650 NE 12 Avenue · Oakland Park, FL 33334 • (954)630-4300 Applications will be valid for a period of three years 65 of 413 Item # 4Attachment #2 Page 2 of 2 Duties include rent collection, budgets, lease enforcement, accounts payable and receivable, supervision of maintenance personnel and contractors, supervision of renovation construction, preparation of construction draws from bank, liaison between developer and tenants, vendor relations, bookkeeping and spreadsheets. 66 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 5 MEETING DATE: 6/7/2017 PREPARED BY: Renee M. Shrout, City Clerk DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: Florida League of Cities - Voting Delegate for 91st Annual Conference 1. BACKGROUND/HISTORY Issue Statement - On December 14, 2016, the City Commission appointed Mayor Adornato to represent the City as Voting Delegate for the 2017 Florida League of Cities Conference. Mayor Adornato has advised staff that he is unfortunately unable to attend this year's conference held August 17-19 in Orlando, FL. Recommended Action: Request for the City Commission to consider a voting delegate to attend the 91st Annual FLC Conference held August 17 - 19, 2017, at the World Center Marriott in Orlando, FL. One official voting delegate from each municipality is requested to make decisions that determine the direction of the League. 2. CURRENT ACTIVITY The Florida League of Cities' goals are to promote local self-government and serve the needs of Florida's municipal government. The League is founded on the belief that local self-government is the keystone of American democracy. At its annual conference in August member cities are requested to send a voting delegate to represent them. The voting delegate must register for the conference. Registration materials will be sent to each municipality in June. Voting delegate forms are requested no later than August 14, 2017. 3. FINANCIAL IMPACT N/A 4. RECOMMENDATION City Commission consideration to appoint a voting delegate. Item # 5 67 of 413 ATTACHMENTS: Descr ipt ion Florida League of Cities Voting Delegate 12-14-16 Agenda Item 13 R-2016-135 Item # 5 68 of 413 Item # 5Attachment #1 Page 1 of 3 301 South Bronough Street • Suite 300 • P.O . Box 175 7 • Tallahassee , FL 32302-1757 • (850) 222 -9684 • Fa x (8 50) 222-3806 • www.fl o ridaleag ueofcities .c om ' TO: Municipal Key Official FROM: Michael Sittig, Executive Direct DA TE: May 22, 2017 SUBJECT: 91st Annual FLC Conference VOTING DELEGATE INFORMATION August 17-19, 2017 -World Center Marriott, Orlando As you know, the Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 17-19. This conference will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate . Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that detennine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined hy population, and the League will use the Estimates of Population from the University of Florida for 2016. Conference registration materials will be sent to each municipality in the month of June . Materials will also be posted on-line. Call us if you need additional copies. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than August 14, 2017. Attachments: Form Designating Voting Delegate P,·esident Susan Haynie, Mayor. Boca Raton F ,r st Vice President Gil Ziffer, Commissioner, Tal lahassee • Second Vice President Leo E. Longworth, Comm1ss1one r. Ba1iow Executive Di rector Michael Sittig • General Counsel Harry Morrison, Jr. 69 of 413 Item # 5Attachment #1 Page 2 of 3 91st Annual Conference Florida League of Cities, Inc. August 17-19, 2017 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities , designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified . Designation of Voting Delegate Name of Voting Delegate: _____________________ _ Title: ------------------------------ Municipality of: _________________________ _ AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities , Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Fax to Gail Dennard at (850) 222-3806 or email gdennard@flcitie s.com 70 of 413 Item # 5Attachment #1 Page 3 of 3 Important Dates May 2017 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 2017 Appointment of Resolutions Committee Members July 12th Deadline for Submitting Resolutions to the League office August 17th Policy Committee Meetings Voting Delegates Registration August 18th Resolutions Committee Meeting August 19th Immediately Following Breakfast -Pick Up Voting Delegate Credentials Followed by Annual Business Session 71 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 13 MEETING DATE: 12/14/2016 PREPARED BY: Renee M. Shrout, City Clerk DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: Commission Liaison/Appointments To Various Organizations and Boards 1. BACKGROUND/HISTORY Issue Statement : With the rotation of the City Commission for the 2016/2017 term, the City will imminently have vacancies in representation of the City with several organizations. The City is a dues paying member of some of the organizations which affords the City Commission certain representation on the organizations. Recommended Action: Request for the City Commission to consider appointments to fill the various organizations positions for the 2016/17 term. Below is a summary of activities related to these organizations: The Metropolitan Planning Organization The Metropolitan Planning Organization (MPO) is a Broward County agency whose primary purpose is to influence the expenditures of Federal and State funds to provide a regional transportation system. As part of its membership, the City, as a signatory of the Interlocal agreement, selects a representative to serve on the MPO to represent the City as well as a citizen representative to sit on the Citizen Advisory Board . When an elected official's term expires, that official's term of office on the MPO shall also expire. The MPO meets the 2nd Thursday of the month at 9:30 am in the MPO Office. In 2016, Mayor John Adornato has served in the capacity of commission representative and Allegra Webb Murphy served in the capacity of citizen representative. Florida League of Cities - Voting Delegate The Florida League of Cities' goals are to promote local self-government and serve the needs of Florida’s municipal governments. The League is founded on the belief that local self-government is the keystone of American democracy. At its annual conference in August member cities are requested to send a voting delegate to represent them. The voting delegate must register for the conference. Mayor Lonergan was appointed to fill this voting delegate position for the 2016 conference held in August. Registration materials for this conference will be provided to each municipality in June. Broward League of Cities Broward League of Cities is a non-partisan, non-profit organization dedicated to raising awareness and resolving issues facing Broward County’s 31 cities and municipalities at the local, county and state level. The appointment request are for a one year term beginning in May. The 2015/2016 appointments included Mayor Lonergan as Director; Vice Mayor Adornato as Alternate and Commissioner Carn as Second Alternate. The Broward League of Cities meet the 1st Thursday of the month at noon at various locations throughout the county. Additionally, the City has memberships for both the Florida League of Mayors, Inc. and the United States Conference of Mayors. 2. CURRENT ACTIVITY Staff recommends the City Commission consider appointing representatives to the following organizations for the 2016/2017 year as follows: (A) Metropolitan Planning Organization - One Representative (B) Florida League of Cities - One voting delegate (C) Broward League of Cities - Director First Alternate Second Alternate Item # 5Attachment #2 Page 1 of 2 72 of 413 Second Alternate 3. FINANCIAL IMPACT N/A 4. RECOMMENDATION Staff recommends the City Commission consider for appointment representatives to the Metropolitan Planning Organization, Florida League of Cities and Broward League of Cities for the 2016/ 2017 commission session. ATTACHMENTS: Descr ipt ion A) Resolution MPO Representative B) Resolution FLOC Voting Delegate C) Resolution BLOC Item # 5Attachment #2 Page 2 of 2 73 of 413 Item # 5Attachment #3 Page 1 of 2 1 RESOLUTION NO. R-2016-135 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF OAKLAND PARK, FLORIDA, APPOINTING A MEMBER 5 OF THE CITY COMMISSION TO BE THE CITY'S VOTING 6 DELEGATE AT THE FLORIDA LEAGUE OF CITIES ANNUAL 7 CONFERENCE; PROVIDING FOR CONFLICTS; PROVIDING 8 FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 12 WHEREAS, the City Commission deems it to be in the best interests of the 13 City to appoint a member of the City Commission to be the City' s Voting Delegate at 14 the Florida League of Cities Annual Conference; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 17 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 18 19 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 20 hereby ratified and confirmed by the City Commission. All exhibits attached hereto are 21 hereby incorporated herein. 22 23 SECTION 2. The City Commission of the City of Oakland Park, Florida, 24 hereby appoints John Adonato as the City' s voting delegate to the Florida League of 25 Cities Annual Conference. 26 27 SECTION 3. All Resolutions or parts of Resolutions in conflict herewith, be 28 and the same are repealed to the extent of such conflict. 29 30 SECTION 4. If any clause, section or other part of this Resolution shall be 31 held by any court of competent jurisdiction to be unconstitutional or invalid, such 32 unconstitutional or invalid part shall be considered as eliminated and in no way 33 effecting the validity of the other provisions of this Resolution. 34 35 SECTION 5. This Resolution shall become effective immediately upon 36 its passage and adoption. 37 38 39 40 41 42 Page 1 of2 74 of 413 Item # 5Attachment #3 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ADOPTED by the City Commission of the City of Oakland Park, Florida this 14th , day of December, 2016. T. LONERGAN YES S. GUEVREKIAN YES M. SP ARKS YES M. CARN YES J. ADORNATO YES RE M. SHROUT, CMC CITY CLERK Page 2 of2 75 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 6 MEETING DATE: 6/7/2017 PREPARED BY: Renee M. Shrout, City Clerk DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: MPO Citizen Advisory Committee Member Appointment 1. BACKGROUND/HISTORY This item was moved from the May 17, 2017, Commission meeting to the June 7, 2017, meeting for additional Commission discussion and consideration. Issue Statement - On May 4, 2016, Allegra Webb Murphy was chosen as the city's representative on the MPO Citizen Advisory Committee (CAC). Mrs. Murphy is relocating out of the city and will no longer able to serve in this capacity. Recommended Action - City Commission to appoint a citizen to the MPO Citizen Advisory Committee. The Citizens' Advisory Committee, or CAC, is a MPO committee comprised of representatives and members of the public who are interested in participating in the transportation planning process. The members of the CAC represent a broad cross section of Broward's population, and include members from various cities, towns, and community organizations. These members provide the MPO with valuable insight into local communities and help to form the urban landscape by acting as a voice for public opinion relating to general transportation issues. The committee reviews and provides recommendations to the MPO Board on transportation plans and programs, taking into consideration the impacts these plans and programs have on their local communities. The Citizens' Advisory Committee (CAC) meets on the fourth Wednesday of every month in the MPO Board Room, located in the Trade Centre South Building at 100 West Cypress Creek Road, Suite 850, Fort Lauderdale, FL 33309-2112 at 6:00 p.m. These meetings are open to the public and participation is encouraged. (Information provided by MPO website- http://www.browardmpo.org/index.php/our-committees/citizen-s- advisory-committee-cac 2. CURRENT ACTIVITY Item # 6 76 of 413 At the April 19, 2017, City Commission meeting Mayor Adornato stated during his Commission comments and MPO report that he would be recommending Jeff Heyler as the replacement to the Citizens' Advisory Committee. 3. FINANCIAL IMPACT N/A 4. RECOMMENDATION City Commission appoint a citizen to the MPO Citizen Advisory Committee and adopt the resolution. ATTACHMENTS: Descr ipt ion Resolution MPO Citizen Advisory Committee Item # 6 77 of 413 Page 1 of 2 RESOLUTION NO. R-2017-XXX 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 3 OAKLAND PARK, FLORIDA, APPOINTING A CITIZEN TO THE 4 MPO CITIZEN ADVISORY COMMITTEE; PROVIDING FOR 5 CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 6 AN EFFECTIVE DATE. 7 8 WHEREAS, the City Commission deems it to be in the best interests of the City to 9 appoint a citizen to the MPO Citizen Advisory Committee. 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 12 THE CITY OF OAKLAND PARK, FLORIDA THAT: 13 14 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and hereby 15 ratified and confirmed by the City Commission. All exhibits attached hereto are hereby 16 incorporated herein. 17 18 SECTION 2. The City Commission of the City of Oakland Park, Florida, hereby 19 appoints a citizen to the MPO Citizen Advisory Committee. 20 21 SECTION 3. All Resolutions or parts of Resolutions in conflict herewith, 22 be and the same are repealed to the extent of such conflict. 23 24 SECTION 4. If any clause, section or other part of this Resolution shall be held by 25 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 26 invalid part shall be considered eliminated and will in no way affect the validity of the other 27 provisions of this Resolution. 28 29 SECTION 5. This Resolution shall become effective immediately upon its passage 30 and adoption. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Item # 6Attachment #1 Page 1 of 2 78 of 413 Page 2 of 2 ADOPTED by the City Commission of the City of Oakland Park, Florida this 7th, day 1 of June, 2017. 2 3 4 5 6 CITY OF OAKLAND PARK, FLORIDA 7 8 9 ___________________________________ 10 MAYOR JOHN ADORNATO III 11 12 T. LONERGAN _____ 13 S. GUEVREKIAN _____ 14 M. SPARKS _____ 15 M. CARN _____ 16 J. ADORNATO _____ 17 18 19 20 21 ATTEST: 22 23 24 RENEE M. SHROUT, CMC 25 CITY CLERK 26 Item # 6Attachment #1 Page 2 of 2 79 of 413 Item # 6Attachment #2 Page 1 of 30 Citizens' Advisory Committee (CAC) Broward MP• Metropolitan Planning Organization '.:~~.e b r ating 1977 Yea rs Mov in; Broward (http ://www.browardmpo .org/) Citizens' Advisory Committee The Citizens' Advisory Committee, or CAC, is a committee comprised of representatives and members of the public who are interested in participating in the transportation planning process . The members of the CAC represent a broad cross section of Broward's population , and include members from various cities, towns, and community organizations . These members provide the MPO with valuable insight into local communities and help to form the urban landscape by acting as a voice for public opinion relating to general Page 1 of 2 transportation issues . The committee reviews and provides recommendations to the MPO Board on transportation plans and programs, taking into consideration the impacts these plans and programs have on their local communities . The CAC is continually looking for individuals and organizations interested in either serving on the committee or attending regularly scheduled meet ings . The Citizens' Advisory Committee (CAC) meets on the fourth Wednesday of every month in the MPO Board Room, located in the Trade Centre South Building at 100 West Cypress Creek Road , Suite 850, Fort Lauderdale, FL 33309-2112 at 6:00 p.m . These meetings are open to the public and participation is encouraged . CAC Members (/images/WhoWeAre/20170420-cacmembership .pdf) For More Information Please contact Carl Ema at (954) 876-0052 or emac@browardmpo .org (mailto :emac@browardmpo .org) to learn more about the Broward MPO and what they are working on in your community. http://www. bro wardmpo. org/index. php/ our-committees/ citizen-s-advisory-committee-cac 5/25/20 17 80 of 413 Item # 6Attachment #2 Page 2 of 30 BROWARD MPO CITIZENS' ADVISORY COMMITTEE -MEMBER PARTICIPATION City/Agency/Org CAC Members 2017 (CAC has no alternates) J F M A M J J CM NM Coral Springs D1 Jose Luis Rodriguez X E Tamarac D1 Bonnie Campbell X X Margate D1 Wanda Catalan E North Lauderdale 01 VACANT Pompano Beach D2 Bill Higerd X X Deerfield Beach 02 Daniel Bogner X X Coconut Creek 02 Gregory Gayle X X Fort Laud. D3 -R. Rogers Steven Buckingham E Fort Laud. D3 - B. Roberts John Rude X E Lauderhill 03 Cynthia Baker X X Sunrise 03 Marcia Norris X X Plantation D3 Gustavo Schmidt E X Oakland Park D3 Allegra Webb Murphy Hollywood D4 Monique Damiano Hallandale Beach 04 VACANT Davie D5 VACANT Miramar D5 Katrina Lunan-Gordon Pembroke Pines D5 Paul Girello E E Weston 05 Byron Jaffe X E SFRTA-Tim Ryan VACANT Broward County School Brd VACANT BCBCC Mark Bogen Susan Robbins X X BCBCC Dale V.C. Holness George Davis E X BCBCC Barbara Sharief Gary Donn BCBCC Beam Furr VACANT CAC Appt #1 Doris Span 1 X CAC Appt#2 Michael Smith X X CAC Appt#3 Dave Fletcher X E AARP Ken Reinhardt X X E Broward College Russ Mccaffery Children's Services Council Piper Roth X X Broward Sheriff's Office Dean Mirra Broward Sierra Club VACANT Ctr for Independent Living Camille Wallace X X Florida Department of Health Anthony Vomero E X Florida Trucking Association VACANT MIASF Patience Cohn X X COMTO Barbara Handrahan X E League of Women Voters Lynn O'Brien NAACP VACANT Realtors Assn of Gr Ft. Laud Brenda Ghibaudi E E Rotary Club John Michael Perez X X Smart Growth Partnership Nadia Locke X E United Way Howard Bakalar Urban League Elizee Milhomme E X E -Member excused, notified MPO staff prior to meeting R -Replaced NM -No meeting held that month SM -Special meeting held that month A s 0 N D NM 1 -First meeting attended CM -Meeting cancelled 81 of 413 Item # 6Attachment #2 Page 3 of 30 1.0 Amended and Adopted as of February 9, 2017 RULES OF THE BROWARD METROPOLITAN PLANNING ORGANIZATION (BMPO): General 1.01 Preamble. The Broward Metropolitan Planning Organization (BMPO) for Broward County, Florida is a federally mandated independent planning body responsible for transportation planning in the Broward County urbanized area. Established in 1977 by the Florida Legislature, the BMPO was created to direct urban transportation planning and direct the expenditure of federal and state funds. It is the lead agency responsible for developing and administering plans and programs to maintain eligibility and receive federal funds for the transportation planning and funding allocation in Broward County, Florida. The BMPO works collaboratively with the public, planning organizations, government agencies, elected officials and community groups to develop transportation plans. The 25 members of the BMPO include representatives from the municipalities within the County, the South Florida Regional Transportation Authority (SFRTA)/Tri-Rail, the Broward County School Board, and the Broward County Board of County Commissioners. There are 13 alternate members who are eligible to vote when a member(s) is absent. The BMPO is divided into five separate districts. The regular and alternate voting membership in each district varies. Each of these members are now parties to the Interlocal Agreement for the Creation of the Broward Metropolitan Planning Organization (Interlocal Agreement) which was effective on August 3, 1977 and amended thereafter, in part, to provide for the current membership of the Organization 1• These Rules shall serve to guide the proper functioning of the urban transportation planning process by the BMPO. These Rules provide general procedures and policies for the BMPO, the BMPO Technical Advisory Committee (TAC), the Citizens' Advisory Committee (CAC), the Local Coordinating Board for Transportation Disadvantaged (LCB), the Freight Transportation Advisory Committee (FTACl and the BMPO staff for fulfilling the requirements of the 1 Pursuant to Florida law, to be effective, an lnterlocal Agreement, and any amendments thereto, must be filed and recorded in the public records in the County where a party to the agreement is located. The lnterlocal Agreement was amended and recorded as follows: December 18, 1979; September 11, 1986; February 18, 1994; April 24, 2000; September 30, 2002; September 13, 2005; September 18, 2006; and February 10, 2016. 1 82 of 413 Item # 6Attachment #2 Page 4 of 30 Amended and Adopted as of February 9, 2017 Interlocal Agreement; the applicable provisions of federal law; and the applicable provisions of Chapter 339, Florida Statutes. 1.02 Interpretation. If any provision of these Rules conflicts with the Interlocal Agreement, the Interlocal Agreement, as it may be amended from time to time, shall control. Furthermore, all provisions contained in these Rules shall be interpreted to be consistent with applicable state and federal law. 1.03 Mission. The mission of the BMPO is to guide the expenditure of federal and state funds to provide a regional transportation system that ensures the safe and efficient mobility of people and goods, optimizes transit opportunities, and enhances our community's environmental and economic well-being. 1.03.1 The BMPO proactively supports planning and funding initiatives that facilitate and enhance the accommodation of transit, pedestrian traffic, and bicycles as preferred transportation alternatives. 1.03.2 The BMPO actively and enthusiastically promotes cost-feasible partnering among Broward municipalities and adjoining Counties to maximize opportunities for enhancing and maintaining an affordable, efficient transportation system. 1.03.3 The BMPO enhances and maintains regional and community transportation goals by participating in the Southeast Florida Transportation Council (SEFTC) and supporting necessary and appropriate transportation connections between the adjoining Counties. 1.03.4 The BMPO supports establishing a dedicated revenue source(s) to fund transportation projects in Broward County and the adjoining Counties in the area with emphasis on a significant expansion of transit. 1.03.5 The BMPO shall create opportunities for all segments of the public to learn and become informed about issues and proposals under its consideration, particularly those affected by the outcomes or with special needs. 1.04 Vision. Transform transportation in Broward County to achieve optimum mobility with emphasis on mass transit while promoting economic vitality, protecting the 2 83 of 413 Item # 6Attachment #2 Page 5 of 30 Amended and Adopted as of February 9, 2017 environment, and enhancing quality of life. 1.05 Acronyms/Definitions. BMPO -Broward Metropolitan Planning Organization BMPO Staff-BMPO Staff, including, but not limited to the BMPO's Executive Director, Deputy Director, General Counsel, etc. Board-Broward MPO Board of Directors CAC -Citizens' Advisory Committee CSAC-Complete Streets Advisory Committee CTC -Community Transportation Coordinator CTD -Florida Commission for the Transportation Disadvantaged Executive Director -The BMPO Executive Director, or his/her designee. FDOT-Florida Department of Transportation FTAC-Freight Transportation Advisory Committee LCB -Local Coordinating Board for the Transportation Disadvantaged LRTP-Long-Range Transportation Plan MPOAC -Florida Metropolitan Planning Organization Advisory Council PPP -Public Participation Plan RLRTP -Regional Long Range Transportation Plan SEFTC -Southeast Florida Transportation Council SFRTA-South Florida Regional Transportation Authority TAC -Technical Advisory Committee TDSP -Transportation Disadvantaged Service Plan TIP -Transportation Improvement Program 3 84 of 413 Item # 6Attachment #2 Page 6 of 30 Amended and Adopted as of February 9, 2017 UPWP -Unified Planning Work Program 2.0 BMPO Board of Directors 2.01 Membership 2.01.1 There shall be twenty-five (25) members and thirteen ( 13) alternate members of the BMPO Board of Directors, the "Board." The membership of the Board shall be consistent with the Interlocal Agreement. 2.01.2 The municipal membership of the Board is predicated upon a district concept with members and alternates representing the district's overall interests. It is expected that the members and alternates shall keep officials of their respective district advised about matters that may affect transportation concerns. 2.01.3 Newly appointed members of the Board shall attend an orientation meeting within three (3) months of the member's appointment date. In addition, all new members shall attend MPOAC training within one year of the BMPO member's appointment date. 2.02 Appointment, Qualification, and Terms of Office. The governing body of a governing entity and signatory to the Interlocal Agreement shall, as the appointing authority and designated for membership on the Board, select a member(s) to represent them and serve on the Board. Elected officials on the Board shall serve a four-year term and may be reappointed for one or more four-year terms. However, that official's term of office on the Board shall automatically expire upon the member leaving elected office. The appointing authority authorized to appoint a member(s) to the Board may, in its sole discretion and by majority vote, remove its member(s) as a Board representative(s) and, in its sole discretion and by majority vote, appoint a replacement. 2.03 Officers and Duties. 2.03.1 The Board shall hold an annual organizational meeting for the purpose of electing officers at the Board's regularly scheduled June meeting, the term to commence at the next scheduled monthly Board meeting. The minimum officers shall include a Chair, Vice Chair and Deputy Vice Chair. The officers shall be elected by a majority of those present and voting. 2.03.2 The Chair shall preside at all meetings and shall sign official documents of 4 85 of 413 Item # 6Attachment #2 Page 7 of 30 Amended and Adopted as of February 9, 2017 the BMPO, unless the Chair or Board authorizes in writing that the Executive Director may sign utilizing the Chair's electronic signature; or the authority is otherwise delegated to the Executive Director pursuant to these Rules or the adopted BMPO Procurement Code. However, in the temporary absence of the Chair, the Vice Chair, or the Deputy Vice Chair may fulfill all of the duties set forth in these regulations as being duties of the Chair. If the Chair is unable to serve the remainder of the Chair's term, the Vice Chair shall automatically become the Chair and assume all the responsibilities of the Chair; the Deputy Vice Chair shall automatically become the Vice Chair and assume all the responsibilities of the Vice Chair and the Board shall elect a new Deputy Vice Chair. 2.03.3 In the absence of the Chair, Vice Chair, and Deputy Vice Chair those present shall elect a Chair pro tern. 2.03.4 The Chair shall serve as the Board's appointment to the Florida Metropolitan Planning Organization Advisory Council (MPOAC). At the Chair's discretion, the Vice Chair or Deputy Vice Chair shall serve as the Chair's alternate to the MPOAC. If the Chair, Vice Chair or the Deputy Vice Chair is not able to serve, the Chair shall make an appointment to the MPOAC from the Board membership. 2.03.5 The Chair shall serve as the BMPO's appointment to the Southeast Florida Transportation Council (SEFTC). An alternate, who is a member of the Board, may be designated by the Chair. 2.03.6 The Chair shall be responsible for working with and directing the General Counsel and the Executive Director on the day-to-day operational concerns of the BMPO. 2.04 Meetings. 2.04.1 Unless otherwise determined by the Board, the regular meeting of the Board shall be held on the second Thursday of each month at a time and place designated by the Board. Regular meeting dates and times may be changed by action of the Board to accommodate desirable changes because of holidays or other reasons. 2.04.2 It shall be the obligation of the members to provide at least three days advance notice to the Executive Director when they will not be attending a meeting. 2.04.3 Quorum. 5 86 of 413 Item # 6Attachment #2 Page 8 of 30 Amended and Adopted as of February 9, 2017 The presence of fourteen (14) members of the Board who are authorized to vote shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the voting members present and voting at any meeting of the Board shall be necessary in order to adopt any measures. 2.04.4 Special meetings of the Board may be called by the Chair, or in the absence of the Chair, by the Vice Chair or Deputy Vice Chair. Special meetings may also be called on the initiative of one third(½) of the voting membership petitioning the Chair. 2.04.5 The Board may choose to hold workshops from time to time. A quorum shall not be necessary for conducting a workshop; however, all workshops shall be noticed in the same manner as regular meetings of the Board. 2.04.6 All BMPO meetings shall be open to the public. Members of the public are allowed to speak on any items not on the Agenda during the Public Comment period, with established time limits, and by providing a Speaker Card to the Executive Director, or desigr.ce, prior to the commencement of the meeting. Members of the public are allowed to comment on items on the agenda at the appropriate time. 2.04.7 Reconsideration. Any member who voted on the prevailing side may make a motion for reconsideration at the meeting during which the vote was taken or at the next regularly scheduled meeting. Any member who was not present at the meeting at which the vote was taken shall be deemed to be on the prevailing side unless the absence was unexcused. A motion to reconsider cannot be renewed if it has been voted on and defeated except by unanimous consent of those present at the meeting. 2.04.8 Except as otherwise provided in these Rules, the most recent edition of Roberts -Rules of Order shall be used to conduct all meetings of the Board. 2.05 Alternate Voting Members. 2.05.1 At any given meeting, if a municipal district's member(s) is absent, the district's alternate(s), in order of population, may vote in place of the absent member(s). Any other alternates present, in order of population, may vote in place of any other absent municipal member(s) whose alternate(s) are also not present or in place of any absent non-municipal member. 6 87 of 413 Item # 6Attachment #2 Page 9 of 30 Amended and Adopted as of February 9, 2017 2.05.2 It shall be the obligation of the members within the same district to provide reasonable notice to the alternates when they will not be attending a Board meeting. 2.05.3 Alternate Members who are present at a meeting of the Board but are not eligible to vote in the place of an absent member, shall participate in the discussions of the Board and shall be seated with the Members. 2.06 Board Committees and Subcommittees. As necessary, committees and subcommittees shall be designated by the Chair to investigate and report on specific subject areas of interest to the Board. Current committees, such as the Executive Committee, Governance Committee, and Evaluation Committee, are examples of this. The Board may veto a designation of a committee or subcommittee by an affirmative vote of a majority of those present. A committee or subcommittee shall consist of at least three members. A majority of the members must be present for the committee or subcommittee to take formal action. The committee or subcommittee shall meet and determine the Chair and Vice Chair. The Chair or Vice Chair shall report to the Board at its next available meeting on the committee's or subcommittee's activities. 2.07 General Policies Applicable to All Committees and Subcommittees of the BMPO. 2.07 .1 All committees and subcommittees shall make recommendations regarding actions, such as motions to adopt, support, and enact, to its creating authority, unless a state or federal law or regulation specifically requires a more formal document or grant procedure. 2.07.2 Except as otherwise provided in these Rules, the most recent edition of Roberts -Rules of Order shall be used to conduct all committee and subcommittee meetings of the BMPO. 2.08 Procurement of Services and Goods. 2.08.1 Whenever the BMPO, as the contracting party, wishes to obtain goods or services from any individual or entity other than a government agency, the BMPO shall utilize the provisions set forth in the Procurement Code adopted by the Board. 2.08.2 Whenever compliance with the requirements of the Procurement Code is impractical or impossible and not in the public interest, the Board may by motion adopt an alternate procedure for obtaining specific goods or services. 2.09 Local Contributions. 7 88 of 413 Item # 6Attachment #2 Page 10 of 30 Amended and Adopted as of February 9, 2017 The BMPO is authorized and may accept contributions from its member or other interested parties. Currently, the BMPO has a voluntary per capita fee which may be revisited from time to time. Any contributions received shall be maintained and expended in accordance with the BMPO Procurement Code and as directed by the Board. 3.0 Public Involvement Process 4.0 3.01 Federal and State Law Public Involvement Requirement. Federal and state law requires the metropolitan transportation planning process to include proactive public involvement that provides complete information, timely public notice, full public access to key decisions, and compliance with Title VI and Disadvantaged Business Enterprise (DBE) requirements. 3.02 Public Participation Plan. The Board shall adopt and amend as needed a Public Participation Plan (PPP) in conjunction with federal certification site visits for the purpose of establishing and communicating its public involvement techniques, performance measures, and methods for including the public in decisions related to plans and programs of the Board. Long Range Transportation Plan {LRTP), Regional Long Range Transportation Plan {RLRTP), Unified Planning Work Program {UPWP) and Transportation Improvement Program {TIP) Update Procedures and Policies 4.01 The Board shall adopt a LRTP, RLRTP, UPWP and TIP, as prescribed by the most current transportation authorization bill, and drafts shall be reviewed by the TAC and CAC with a recommendation for action to the Board. 4.02 Amendments to LRTP, RLRTP, UPWP or TIP. The Board shall initiate procedures for considering a change to an adopted UPWP, LR TP, RLR TP, or TIP at its discretion when a request is received in writing from (a) a local governing body of a member government; (b) a transportation operating agency providing service in Broward County; ( c) the Board or the TAC may recommend a change on its own initiative; and (d) the Executive Director can recommend a change for consideration. Requests for 8 89 of 413 Item # 6Attachment #2 Page 11 of 30 Amended and Adopted as of February 9, 2017 LRTP amendments may be submitted in June or January. Requests for RLRTP amendments may be submitted through the Board for ultimate approval by SEFTC and must be focused on a regional corridor. Requests for TIP amendments and related documentation must be submitted to the BMPO in accordance with the annual schedule of due dates to be reviewed by the TAC and CAC prior to Board action. 4.03 Requests for Amendment. A request to the Board for consideration of an amendment to an adopted LRTP or TIP shall include: 4.03.1 Location and description of the link(s) and/or facilities in the transportation network. 4.03.2 Kind of change requested (i.e., capacity, location or classification). 4.03.3 Statement of reason and technical justification for requested change. 4.03.4 A financial analysis demonstrating the financial feasibility of the LRTP and/or the TIP is not negatively impacted. 4.03.5 A request for an amendment to the LRTP or TIP must be submitted to the BMPO by the date(s) established by the Board, amended annually or as needed. LRTP amendments can only be submitted in June or January. 4.04 Amendment Procedure. The procedure for amending an adopted LRTP, RLRTP, or TIP shall be as follows: 4.04.1 The Board shall follow the guidelines set forth in its Public Participation Plan (PPP) to notify interested parties that an amendment to the LRTP, RLRTP, and/or the TIP is being contemplated. 4.04.2 Interested parties shall be notified where the technical and policy information regarding the amendment is located. 4.04.3 Proposed amendments and the comments received from all interested persons shall be forwarded to the appropriate committees or subcommittees for their review and comment. 4.04.4 The committees will review each requested amendment based on any possible impact on the total transportation network, the comments received from interested persons, and other pertinent considerations. 9 90 of 413 Item # 6Attachment #2 Page 12 of 30 Amended and Adopted as of February 9, 2017 4.04.5 The committees will review each requested amendment to consider the comments received from interested persons and may make a recommendation for additional public involvement if they conclude such additional public involvement is warranted. 4.04.6 When appropriate, the LCB committee will review each requested amendment to consider the comments relating to paratransit and transportation disadvantaged issues received from interested persons. 4.04.7 When the LCB reviews are completed, the requesting authority and the Board shall be notified of the resulting recommendations and the reasons for or against its recommendation. In cases where the TAC, CAC, or LCB defer action or fail to act on an amendment, the Board may take whatever action it deems appropriate. 4.04.8 If the proposed amendment differs significantly, including but not limited to capacity, operation or impact, from the original amendment made available for public comment or if it raist:s new material issues that interested persons could not reasonably have foreseen, an additional opportunity for public comment shall be made available. 4.04.9 The Board may take action at a public meeting on the TAC, CAC, and LCB recommendations. The Board shall make available all significant written and oral comments received as a result of the public involvement process. 4.04.9.1 If a requested amendment is approved, the Board will then submit the modified amendment to FDOT for their review, comment and forwarding to the appropriate federal agencies. 4.04.9.2 If the LRTP and RLRTP are amended, the BMPO shall make available updated maps and lists, including the date and nature of the amendment to member agencies and interested parties. 4.05 Board Action. 4.05.1 In situations where an immediate decision is required for input to be effective, the Board may act without recommendations from the TAC, the CAC or the LCB unless precluded by federal or state law or regulation. Even in those circumstances, the Board will make every effort to ensure opportunity for public comment. In those instances, the BMPO shall notify the TAC, the CAC and/or the LCB of the action taken and reason for acting without a recommendation. 10 91 of 413 Item # 6Attachment #2 Page 13 of 30 5.0 Amended and Adopted as of February 9, 2017 4.05.2 In situations where an immediate decision is required for input to be effective, is administrative in nature, and occurs while the Board is on break, the Executive Director may act without recommendations from the Board, TAC, CAC and LCB unless precluded by federal or state law or regulation. In those instances, the Executive Director shall notify the Board, TAC, CAC and/or the LCB of the action taken and reason for acting without a recommendation at their next regular meeting. 4.05.3 In the event the Federal government or the Governor declares a "State of Emergency," the Chair, Vice Chair, Deputy Vice Chair, or Executive Director may authorize the purchase of, or contract for, goods or services required in contemplation of, preparation for, or during an emergency without utilizing the competitive bidding or competitive proposal procedures set forth in the BMPO's Procurement Code. During a "State of Emergency," the Executive Director shall be authorized to provide for the distribution of federal or state aid for repairs, replacements, or the distribution of aid. Notwithstanding the foregoing, at least two signatures, one by a Board Officer (use of an electronic signature may be authorized for this purpose) and one by either the Executive Director or the General Counsel, shall be required to effectuate an emergency expenditure. Emergency purchases of goods or services where the expenditure by the BMPO is estimated to be $30,000 or greater shall be subject to ratification by the Board as soon as practicable. The Chair, Vice Chair, Deputy Vice Chair, Executive Director or General Counsel will inform the Board, TAC, CAC, FTAC and LCB of any such emergency actions at the next available meeting. The Technical Advisory Committee (TAC) 5.01 Membership. 5.01.1 The membership of the TAC shall include forty-four (44) voting members. Thirty-two (32) members shall be individual appointees of the municipalities represented on the Board. Twelve (12) members, with expertise in matters related to transportation, tribal interests, land use and environmental planning, shall be from the agencies set forth below in 5.01.2 and 5.01.3. 5.01.2 Countywide regional members shall include the following: (a) The FDOT, District 4 Office may appoint nonvoting advisory member(s); (b) The SFRTA may appoint one member; 11 92 of 413 Item # 6Attachment #2 Page 14 of 30 Amended and Adopted as of February 9, 2017 (c) The Broward County School Board may appoint one member; (d) The Seminole Tribe of Florida may appoint one member; (e) The Broward County Planning Council may appoint one member; (f) The South Florida Regional Council may appoint one member. 5.01.3 The Broward County members shall include the following: (a) The Broward County Traffic Engineering Division may appoint one member; (b) The Fort Lauderdale/Hollywood International Airport may appoint one member; (c) Port Everglades may appoint one member; ( d) The Broward County Environmental Protection and Growth Management Department may appoint one member; (e) The Broward County Transit Division (BCT) may appoint one member; and (f) The Broward County Highway Construction and Engineering Division may appoint one member. 5.01.4 Municipal Membership. Each municipality represented on the Board shall appoint a member to the TAC. 5.02 Appointment, Qualification and Terms of Office of TAC Members. Each governmental unit and agency, in selecting its representative to the TAC, shall name technically qualified persons of director level, or a designee with the authority to make decisions and communicate with the elected body, who are employed by governmental units or agencies for the purpose of planning transit, pedestrian and bicycle facilities, land use, traffic engineering, or civil engineering with a responsibility to that governmental unit or agency for some aspect of the control, planning, development, or improvement of the transportation system. 12 93 of 413 Item # 6Attachment #2 Page 15 of 30 Amended and Adopted as of February 9, 2017 5.03 Officers and Duties. 5.03.1 The TAC shall hold an annual organizational meeting as part of its regular scheduled June meeting for the purpose of electing a Chair and Vice Chair, the term to commence at the next scheduled TAC meeting. 5.03.2 Officers shall be elected by a majority of the members of the TAC present and authorized to vote. Officers shall serve a term of one (1) year but may be elected for consecutive terms. 5.03.3 The Chair shall preside at all meetings. In the event of the absence of the Chair, or at the Chair's direction, the Vice Chair shall temporarily assume the powers and duties of the Chair. In the absence of the Chair and Vice Chair, those present shall elect a Chair pro tern. 5.04 Meetings. 5.04.1 Regular meetings of the TAC shall normally be held on the fourth Wednesday of each month at a time and place to be designated by the Board or Executive Director. Regular meeting dates and times may be changed by the Board or Executive Director and affirmed by action of the TAC to accommodate desirable changes because of holidays or other reasons. 5.04.2 The presence of ten (10) TAC members who are authorized to vote shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the voting members present and voting at any meeting of the TAC shall be necessary in order to adopt any measures. 5.04.3 The TAC may choose to hold workshops from time to time. A quorum shall not be necessary for conducting a workshop; however, all workshops shall be noticed in the same manner as regular meetings of the TAC. 5.04.4 Special meetings may be called by the Chair or in the absence of the Chair, the Vice Chair. Special meetings may also be called on the initiative of four ( 4) or more voting members of the TAC petitioning the Chair or Executive Director. 5.04.5 The Executive Director, or designee, is responsible for the TAC meeting minutes and all notices and agendas for future meetings. 13 94 of 413 Item # 6Attachment #2 Page 16 of 30 Amended and Adopted as of February 9, 2017 5.04.6 TAC meetings shall be open to the public. Members of the public are allowed to speak on any issues not on the Agenda during the Public Comment period, with established time limits, and by providing a Speaker Card prior to the commencement of the TAC meeting. Members of the public are allowed to comment on items on the Agenda at the appropriate time. 5.05 Responsibilities and Functions. 5.05.1 The TAC serves in an advisory capacity to the Board on matters related to coordinating transportation planning and programming including but not limited to, review of Board-related transportation studies, reports, plans and programs. The TAC shall assist the Board by providing technical resources and recommendations as requested. 5.05.2 In all cases, when the TAC has voted affirmatively for recommended issues for action or consideration by the Board, the following process shall be followed: 5.05.2.1 The Executive Director, or designee, shall communicate the request of the TAC to the Board through the Board's agenda. 5.05.2.2 The Board may choose to take action and if action is taken, the Executive Director, or designee, through the TAC agenda, shall inform the TAC. 5.05.3 TAC recommendations to the Board shall be based upon the technical sufficiency, accuracy, and completeness of studies, plans and programs and in accordance with the Board's mission, vision, and policy statements. 5.05.4 The TAC may serve as an advisory committee to any duly constituted area-wide transportation authorities and boards, as well as area-wide planning boards or councils for physical development or comprehensive planning upon direct request of such authorities, boards, or councils and with the concurrence of the Board. 5.05.5 Each member of the TAC is expected to demonstrate interest in the TAC's activities through attendance at the regularly scheduled monthly meeting except for reasons of an unavoidable nature. TAC members are expected to maintain contact with their respective Board member and provide them with feedback on proposed plans, programs, and projects. 5.06 TAC Subcommittees. 14 95 of 413 Item # 6Attachment #2 Page 17 of 30 Amended and Adopted as of February 9, 2017 As necessary, subcommittees shall be designated by the TAC Chair to investigate and report on specific subject areas of interest to the TAC. The TAC may veto a designation of a subcommittee, by an affirmative vote of a majority of those present. A subcommittee shall consist of at least three members. A majority of the appointed subcommittee members must be present for the subcommittee to take formal action. The subcommittee shall select a chair and a vice chair. The subcommittee is required to report its actions back to the TAC at its next available meeting. 6.0 The Citizens' Advisory Committee {CAC) 6.01 Membership. 6.01.1 The membership of the CAC shall include forty-five (45) voting members. Twenty-five (25) members shall be individual appointees of the regular members of the Board. Seventeen (17) members shall be appointed by service, civic or other organizations or groups authorized by the Board to appoint a member to the CAC. Three (3) members shall be nominated by the CAC. 6.01.2 CAC members are expected to demonstrate interest in CAC activities through participation in scheduled meetings. A majority of the CAC or Executive Director may recommend the removal of any member who fails to attend, three or more meetings in a one-year period. Such recommendations shall be forwarded to the appointing agency or governmental unit through the Executive Director. 6.02 Term of Office. CAC members are appointed and serve at the pleasure of the appointing member or entity. If the appointing member is no longer on the Board, then the new Board member may choose to keep or replace the appointment. Members appointed by a designated entity (service, civic or other organizations or groups) authorized by the Board shall serve at the pleasure of the appointing entity. The Board may remove any member on the CAC at its sole discretion. 6.03 Officers and Duties. 6.03.1 The CAC shall hold an annual organizational meeting as part of its regularly scheduled June meeting for the purpose of electing a Chair and Vice Chair, the term to commence at the next scheduled CAC meeting. 15 96 of 413 Item # 6Attachment #2 Page 18 of 30 Amended and Adopted as of February 9, 2017 6.03.2 Officers shall be elected by a majority of the members of the CAC present and authorized to vote. Officers shall serve a term of one (I) year, but may be elected for consecutive terms. 6.03 .3 The Chair shall preside at all meetings. In the event of the absence of the Chair, or at the Chair's direction, the Vice Chair shall temporarily assume the powers and duties of the Chair. In the absence of the Chair and Vice Chair, those present shall elect a Chair pro tern. 6.04 Meetings. 6.04.1 Regular meetings of the CAC shall normally be held on the fourth Wednesday of each month at a time and place to be designated by the Board, Executive Director, or Executive Director's designee. Regular meeting dates and times may be changed by the Board, Executive Director, or Executive Director's designee and affirmed by action of the CAC to accommodate desirable changes because of holidays or other reasons. 6.04.2 Special meetings may be called by the Chair or in the absence of the Chair, the Vice Chair. Special meetings may also be called on the initiative of four ( 4) or more voting members of the CAC petitioning the Chair, Executive Director, or Executive Director's designee. 6.04.3 The CAC, in addition to its regular and special meetings, may hold public meetings to elicit public input and to determine the degree of acceptance that a plan may have on all segments of the population. 6.04.4 The presence often (10) voting members who are authorized to vote shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the voting members present and voting at any meeting of the CAC shall be necessary in order to make recommendations to the Board for their adoption. 6.04.5 The CAC may choose to hold workshops from time to time. A quorum shall not be necessary for conducting a workshop; however, all workshops shall be noticed in the same manner as regular meetings of the CAC. 6.04.6 The Executive Director shall furnish a recording secretary for regularly scheduled CAC meetings. The Executive Director is responsible for the CAC meeting minutes and all notices and agendas for future meetings. 6.04.7 CAC meetings shall be open to the public. Members of the public are allowed to speak on any issues not on the Agenda during the Public Comment period, with established time limits, and by providing a Speaker 16 97 of 413 Item # 6Attachment #2 Page 19 of 30 Amended and Adopted as of February 9, 2017 Card prior to the commencement of the CAC meeting. Members of the public are allowed to comment on items on the agenda at the appropriate time. 6.05 Responsibilities and Functions. The community at large shall be represented in the transportation planning process by the CAC. The CAC serves in an advisory capacity to the Board for the purpose of seeking reaction to planning proposals and providing comment with respect to the concerns of various segments of the population regarding their transportation needs. It shall be the function of the CAC to: 6.05.1 Provide a citizen's review of the preliminary findings and make recommendations to the Board. 6.05.2 Assist in other functions as deemed desirable by the Board or TAC. 6.05.3 Based on its findings, the CAC shall note the proposals that appear to be harmful or detrimental to the community and shall note those proposals that fail to benefit or that tend to create a disincentive to the interests of the various segments of the community. These recommendations and findings shall be transmitted to the Board for consideration through the Executive Director. 6.05 .4 In all cases, when the CAC has voted affirmatively for recommended issues for action or consideration by the Board, the following process shall be followed: 6.05.4.1 The Executive Director, or designee, shall communicate the request of the CAC to the Board through the Board's agenda. 6.05.4.2 The Board may choose to take action and if action is taken, the Executive Director, or designee, through the CAC agenda, shall inform the CAC. 6.05.5 Each member of the CAC is expected to demonstrate interest in the CAC's activities through attendance at the regularly scheduled monthly meeting except for reasons of an unavoidable nature. CAC members are expected to maintain contact with their respective appointing member or entity and provide them with feedback on proposed plans, programs, and projects. 6.06 CAC Subcommittees. As necessary, subcommittees shall be designated by the CAC Chair to investigate 17 98 of 413 Item # 6Attachment #2 Page 20 of 30 7.0 Amended and Adopted as of February 9, 2017 and report on specific subject areas of interest to the CAC. The subcommittee will determine a chair and vice chair. The CAC may veto a designation of a subcommittee by an affirmative vote of a majority of those present. A subcommittee shall consist of at least three members. A majority of the appointed subcommittee members must be present for the subcommittee to take formal action. Local Coordinating Board For Transportation Disadvantaged {LCB) 7.01 Membership. 7.01.1 The membership of the LCB shall include seventeen (17) voting members as prescribed by Chapter 41-2 of the Florida Administrative Code (F.A.C), as amended. 7.01.2 The LCB Chair shall be appointed by the Board. The appointed Chair shall be an elected official in Broward County. 7.01.3 The LCB shall hold an annual organizational meeting as a part of its first regularly scheduled meeting of the year for the purpose of electing a Vice Chair, the term to commence at the next scheduled LCB meeting. The Vice Chair shall be elected by a majority vote of a quorum of the members of the LCB present and voting at the organizational meeting. 7.01.4 The Board shall review the recommendation by the LCB and consider rescinding the appointment of any member who fails to attend, or arrange for an alternate to attend, three (3) consecutive meetings. The LCB shall notify the Florida Commission for the Transportation Disadvantaged (CTD) if any state agency member or alternate fails to attend three (3) consecutive meetings. 7.02 Term of Office. Except for the Chair, the non-agency members of the LCB shall be appointed for three (3) year staggered terms. The Chair shall serve until elected term of office has expired or is otherwise replaced by the Board. 7.03 LCB Meetings. 7 .03 .1 The LCB shall meet at least quarterly. The Chair shall preside at all meetings. In the event of the absence of the Chair, or at the Chair's direction, the Vice Chair shall temporarily assume the powers and duties 18 99 of 413 Item # 6Attachment #2 Page 21 of 30 Amended and Adopted as of February 9, 2017 of the Chair. In the absence of the Chair and Vice Chair, those present shall elect a Chair pro tern. 7.03.2 The Executive Director shall furnish a recording secretary for regularly scheduled LCB meetings. The Executive Director, or designee, is responsible for the LCB meeting minutes and all notices and agendas for future meetings. A copy of official meeting minutes, including an attendance roster, reflecting official LCB actions shall be provided to the CTD. 7.03.3 Special meetings may be called by the Chair or in the absence of the Chair, the Vice Chair. Special meetings may also be called on the initiative of four ( 4) or more voting members of the LCB petitioning the Chair. 7.03.4 The presence of a majority of appointed LCB members who are authorized to vote shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the voting members present and voting at any meeting of the LCB shall be necessary in order to adopt any measures. 7.03.5 LCB meetings shall be open to the public. Members of the public are allowed to speak on any issues not on the Agenda during the Public Comment period, with established time limits, and by providing a Speaker Card prior to the commencement of the LCB meeting. Members of the public are allowed to comment on items on the agenda at the appropriate time. 7.03.6 The LCB, in addition to its regular and special meetings, shall hold an annual public hearing to elicit public input regarding the provision and delivery of transportation disadvantaged services. 7.04 LCB Duties. 7.04.1 The LCB shall review and approve the Memorandum of Agreement (MOA) between the CTD and the CTC, and the Transportation Disadvantaged Service Plan (TDSP) prior to submittal to the CTD. 7.04.2 Annually, provide the Board with an evaluation of the CTC's performance in general and using criteria developed by the CTD and local standards as referenced in Rule 41-2.006, F.A.C, as amended, and the performance results of the most recent TDSP. As part of the CTC' s performance, the LCB shall also set an annual percentage goal for the number of trips provided within the system for ridership on public transit, where applicable. This evaluation will be submitted to the CTD upon approval by 19 100 of 413 Item # 6Attachment #2 Page 22 of 30 Amended and Adopted as of February 9, 2017 the LCB. 7.04.3 Appoint a Grievance Subcommittee to serve as a mediator to hear and investigate grievances, from agencies, users, transportation operators, potential users of the system and the CTC in the Broward County service area, and make recommendations to the LCB, CTC, or the CTD when local resolution cannot be found for improvement of service. The LCB shall establish a process and procedures to provide regular opportunities for issues to be brought before such subcommittee and to address them in a timely manner. Rider brochures or other documents provided to users or potential users of the system shall provide information about the complaint and grievance process including the publishing of the CTD's TD Helpline service when local resolution has not occurred. All materials shall be made available in accessible format, upon request by the citizen. Members appointed to the committee shall be voting members of the LCB. 7.04.4 All LCB members should be trained on and comply with the requirements of Section 112.3143, F.S., concerning voting conflicts of interest. 7.05 Responsibilities and Functions. 7.05.1 The LCB is responsible in identifying local service needs and to provide information, advice, and direction to the CTC on the services to be provided to the transportation disadvantaged. 7.05.2 The Board shall recommend to the CTD a single community transportation coordinator to continue annually and redesigned every five ( 5) years as required. 7.05.3 The TIP shall include a Transportation Disadvantaged element. Such element shall include a project and program description, the planned costs and anticipated revenues for the services, identification of the year the project or services are to be undertaken and implemented, and assurances that there has been coordination with local public transit and local government comprehensive planning bodies, including input into the mass transit or other elements of local and regional comprehensive planning activities. Areas not required to develop a federally-required TIP shall report equivalent information in the TDSP. 7.05.4 In collaboration with the CTC and LCB, the Board shall approve the TDSP annual update. The TDSP shall be developed consistent with the comprehensive plan, long range transportation plan, and other local, regional, and state transportation plans. The TDSP shall be reviewed for approval by the LCB and CTD. 20 101 of 413 Item # 6Attachment #2 Page 23 of 30 8.0 Amended and Adopted as of February 9, 2017 7.05.5 The Executive Director, or designee, shall communicate the requests of the LCB to the Board through the Board's agenda. 7.05.6 The Board may choose to take action and if action is taken, the Executive Director, or designee, through the LCB agenda, shall inform the LCB. 7.06 Subcommittees. As necessary, subcommittees shall be designated by the LCB Chair to investigate and report on specific subject areas of interest to the LCB. The LCB may veto a designation of a subcommittee by an affirmative vote of a majority of those present. A subcommittee shall consist of at least three members. A majority of the subcommittee members must be present for the subcommittee to take formal action. The subcommittee shall meet and determine the chair of the subcommittee. In the absence of the Chair, those present shall elect a Chair pro tern. The subcommittee chair is required to report back to the LCB at its next available meeting on the subcommittee's activities. The Complete StrE;ets Advisory Committee (CSAC) 8.01 Membership. 8.01.1 The CSAC shall consist of representatives with expertise in matters related to multimodal transportation (with emphasis on bicycle, pedestrian and transit), land use, and planning including, but not limited to, the agencies set forth below. 8.01.2 Countywide regional members may include; (a) The FDOT, District 4 Office may appoint one member; (b) The SFRTA may appoint one member; (c) The Broward County Planning Council may appoint one member; and (d) The Broward County School Board may appoint one member. 8.01.3 The Broward County members may include the following: (a) The Broward County Traffic Engineering Division may appoint one member; (b) The Fort Lauderdale/Hollywood International Airport may appoint one member; 21 102 of 413 Item # 6Attachment #2 Page 24 of 30 Amended and Adopted as of February 9, 2017 (c) Port Everglades may appoint one member; (d) The Broward County Transit Division (BCT) may appoint one member; and ( e) The Broward County Highway Construction and Engineering Division may appoint one member. 8.01.4 Municipal Membership Each municipality m the Broward region may appoint one member. 8.01.5 Other Members (a) The Broward Regional Health Planning Council may appoint one member; (b) The Florida Department of Health may appoint one member; (c) The Broward YMCA may appoint one member; and (d) Other agencies and non-profit organizations may appoint representatives at the discretion of the Complete Streets Project Manager. 8.02 Appointment, Qualification and Terms of Office of CSAC Members. 8.02.1 Each governmental unit and agency, in selecting its representative to the CSAC, shall name technically qualified persons employed by governmental units or agencies for the purpose of planning transit, pedestrian and bicycle facilities, land use, traffic engineering, or civil engineering with a responsibility to that governmental unit or agency for some aspect of the control, planning, development, or improvement of the transportation system. 8.02.2 Each member of the CSAC is expected to demonstrate interest in the CSAC's activities through attendance at the regularly scheduled meeting every other month except for reasons of an unavoidable nature. A majority of the CSAC and/or the Complete Streets Project Manager may recommend the removal of any member who fails to attend, or arrange for an alternate to attend, three or more meetings in a one-year period. Such recommendations shall be forwarded to the appointing agency or governmental unit through the Complete Streets Project Manager. 22 103 of 413 Item # 6Attachment #2 Page 25 of 30 Amended and Adopted as of February 9, 2017 8.03 Meetings. 8.03.1 Regular meetings of the CSAC shall normally be held on the second Monday of every other month at a time and place to be designated by the CSAC, Executive Director, or Executive Director's designee. Regular meeting dates and times may be changed by the CSAC or Complete Streets Project Manager to accommodate desirable changes because of holidays or other reasons. 8.03.2 The CSAC may choose to hold workshops from time to time. All workshops shall be noticed in the same manner as regular meetings of the CSAC. 8.03.3 Special meetings may be called by the CSAC, Executive Director, or Executive Director's designee. 8.03.4 The Executive Director, or designce, is responsible for the CSAC meeting minutes and all notices and agendas for future meetings. 8.03.5 CSAC meetings shall be open to the public. Members of the public are allowed to speak on any issues with established time limits. Members of the public are allowed to comment on items on the agenda at the appropriate time. 8.04 CSAC Responsibilities and Functions. 8.04.1 The CSAC serves in advisory capacity to BMPO staff and guides the BMPO's Complete Streets Initiative. As an advisory committee, it assists BMPO staff in coordinating transportation planning and programming including, but not limited to, the review of Board-related transportation studies, reports, plans and programs. The CSAC engages both traditional and "nontraditional" groups such as AARP, the Florida Department of Health, and other nonprofit agencies. The CSAC shall assist BMPO staff and the Board by providing technical resources and recommendations as requested. 8.04.2 In all cases, when the CSAC recommends issues for action or consideration by the Board, the following process shall be followed: 8.04.2.1 The Executive Director, or designee, shall communicate the request of the CSAC to the Board through the Board's agenda. 23 104 of 413 Item # 6Attachment #2 Page 26 of 30 9.0 Amended and Adopted as of February 9, 2017 8.04.2.2 The Board may choose to take action and if action is taken, the Executive Director, or designee, through the CSAC agenda, shall inform the CSAC. 8.04.2.3 The Board may choose to take action and if action is taken, the Complete Streets Project Manager shall inform the CSAC at the next available meeting. 8.04.3 CSAC recommendations to BMPO staff shall be based upon the technical sufficiency, accuracy, and completeness of studies, plans and programs and in accordance with the Board's mission, vision, and policy statements. 8.04.4 The CSAC may serve as an advisory committee to any duly constituted area-wide transportation authorities and boards, as well as area-wide planning boards or councils for physical development or comprehensive planning upon direct request of such authorities, boards, or councils and with the concurrence of the Board. 8.05 CSAC Subcommittees. As necessary, subcommittees shall be designated by the CSAC or the Complete Streets Program Manager to investigate and report on specific subject areas of interest to the CSAC. A subcommittee shall consist of at least three members. A majority of the appointed subcommittee members must be present for the subcommittee to take formal action. The subcommittee is required to report its actions back to the CSAC at its next available meeting. Freight Transportation Advisory Committee (FTAC) 9.01 Membership and Qualifications. 9.01.1 The membership of the FT AC shall include up to 25 voting members. Membership is open to anyone in the South Florida region involved in the various aspects of the freight industry including but not limited to: shipping, warehousing, trucking, airport or seaport operations, freight forwarding, truck parking, rail, industrial real-estate, wholesale activity. 9.02 Appointment and Terms of Office ofFTAC Members. 9.02.1 FTAC members and MPO staff may recommend new members up to the total number of members. Nominated members are to be approved by voice vote of the existing committee. There is no term of office for FTAC members. They may serve until such time that they resign their membership or are removed for non-participation. 24 105 of 413 Item # 6Attachment #2 Page 27 of 30 Amended and Adopted as of February 9, 2017 9.02.2 FTAC may choose to remove members for non-attendance of three (3) consecutive meetings or four (4) meetings in any two-year (2) time period. MPO staff shall inform the committee when any member is in the position to be removed. A vote of the committee is required to remove a member. 9.03 Officers and Duties 9.03.1 The FTAC shall hold an organizational meeting every two (2) years as part of its regular scheduled January meeting for the purpose of electing a Chair and Vice Chair, the term to commence at the next scheduled FTAC meeting. 9.03.2 Officers shall be elected by a majority of the FTAC members who are present and authorized to vote. Officers shall serve a term of two (2) years and may be elected for consecutive terms. 9.03.3 The Chair shall preside at all meetings. In the event of the abseiice of the Chair, or at the Chair's direction, the Vice Chair shall temporarily assume the powers and duties of the Chair. In the absence of the Chair and Vice Chair, those present shall elect a Chair pro tern. 9.04 Meetings 9.04.1 Regular meetings of the FTAC shall normally be held quarterly in January, April, July, and October at a time and place to be designated by the FT AC Chair. Regular meeting dates and times may be changed by action of the FTAC to accommodate desirable changes because of holidays or other reasons. 9.04.2 The presence of 50% of the FTAC members shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the voting members present and voting at any meeting of the FTAC shall be necessary in order to adopt any measures. 9.04.3 The FTAC may choose to hold workshops from time to time. A quorum shall not be necessary for conducting a workshop; however, all workshops shall be noticed in the same manner as regular meetings of the FTAC. 9.04.4 Special meetings may be called by the Chair or in the absence of the Chair, the Vice Chair. Special meetings may also be called on the initiative of four (4) or more members of the FTAC petitioning the Chair or Executive Director. 25 106 of 413 Item # 6Attachment #2 Page 28 of 30 Amended and Adopted as of February 9, 2017 9 .04.5 The Executive Director, or designee, is responsible for the FT AC meeting minutes and all notices and agendas for future meetings. 9.04.6 FTAC meetings shall be open to the public. Members of the public are allowed to speak on any issues relevant to committee business but not on the Agenda during the Public Comment period, with established time limits, and by providing a Speaker Card prior to the commencement of the FTAC meeting. Members ofthe public are allowed to comment on items on the Agenda at the appropriate time. 9.05 Responsibilities and Functions 9 .05 .1 The FT AC serves in an advisory capacity to the Board on matters related to coordinating freight transportation planning and programming including but not limited to, review of Board-related transportation studies, reports, plans and programs. The FT AC shall assist the Board by providing technical resources and recommendations as requested. 9.05.1.1 The FTAC shall provide input and review the freight section of the LRTP. 9.05.1.2 The FTAC shall provide input and review the TIP. 9.05.1.3 The FTAC shall provide input and review the UPWP. 9.05.2 In all cases, when the FTAC has voted affirmatively for recommended issues for action or consideration by the Board, the following process shall be followed: 9.05.2.1 The Executive Director, or designee, shall communicate the request of the FTAC to the Board through the Board's agenda. 9.05.2.2 The Board may choose to take action and if action is taken, the Executive Director, or designee, through the FTAC agenda, shall inform the FTAC. 9.05.3 FTAC recommendations to the Board shall be based upon the technical sufficiency, accuracy, and completeness of studies, plans and programs and in accordance with the Board's mission, vision, and policy statements. 9.05.4 The FTAC may serve as an advisory committee to any duly constituted area-wide transportation authorities and boards, as well as area-wide planning boards or councils for physical development or comprehensive 26 107 of 413 Item # 6Attachment #2 Page 29 of 30 Amended and Adopted as of February 9, 2017 planning upon direct request of such authorities, boards, or councils and with the concurrence of the Board. 9.05.5 Each member of the FTAC is expected to demonstrate interest in the FTAC's activities through attendance at the regularly scheduled monthly meeting except for reasons of an unavoidable .nature. 9.06 FTAC Subcommittees. 9.06.1 As necessary, subcommittees shall be designated by the FTAC Chair to investigate and report on specific subject areas of interest to the FTAC. The FTAC may veto a designation of a subcommittee, by an affirmative vote of a majority of those present. A subcommittee shall consist of at least three (3) members. A majority of the appointed subcommittee members must be present for the subcommittee to take formal action. The subcommittee shall select a chair and a vice chair. The subcommittee is required to report its actions back to the FTAC at its next available meeting. 10.0 Executive Director 10.01 The Executive Director shall be the chief executive officer and the chief administrative officer of the BMPO. The Board shall appoint and hire the Executive Director. The compensation of the Executive Director shall be fixed by the Board. The Executive Director shall be responsible for carrying out the policies of the BMPO membership. 10.02 In addition to those powers provided by law or resolution of the Board, the Executive Director may hire deputy director(s) and other staff as needed. The Executive Director shall have general supervision over the staff and work program of the BMPO. 10.03 The Executive Director, or designee, shall maintain an administrative/personnel manual that includes the administrative policies governing the administrative procedures of the BMPO staff. The Executive Director shall be responsible for disseminating and enforcing the administrative polices within the manual. 10.04 The Executive Director, or designee, is responsible for the Board meeting minutes and all notices and agendas for future meetings. 10.05 The Executive Director, or designee, shall be authorized to expend funds and acquire services in accordance with the Procurement Code adopted by the Board. The Executive Director shall execute all formal service contracts on behalf of the Board. Such contracts shall be reviewed and approved by the BMPO General Counsel. 27 108 of 413 Item # 6Attachment #2 Page 30 of 30 Amended and Adopted as of February 9, 2017 10.06 The Executive Director, or designee, shall maintain and keep current an administrative code for the purpose of implementing the Rules and administrative procedures and policies of the Board. 10.07 The Executive Director, or designee, shall perform such other and additional duties as are necessary to carry out the objectives and functions of the BMPO and the directives from the Board. 10.08 The Executive Director shall be evaluated annually by the Evaluation Committee. The results of this evaluation, along with recommendations from the Evaluation Committee, will be presented to the Board at the next scheduled Board meeting for review and approval. 11.0 General Counsel 11.01 The General Counsel shall serve as chief legal advisor to the BMPO, the Executive Director and BMPO Staff. 11.02 The Board shall appoint and hire the General Counsel. The compensation of the General Counsel shall be fixed by the Board. 11.03 The General Counsel shall represent the BMPO in all legal proceedings and perform such other related duties as the Board may deem necessary. 11.04 The General Counsel shall be evaluated annually by the Executive Committee. The results of this evaluation, along with recommendations from the Executive Committee, will be presented to the Board at the next scheduled Board meeting for review and approval. 12.0 Amendments to Rules of BMPO Changes in the provisions of these Rules may be made only by the Board upon two-thirds (2/3) vote of those members present and authorized to vote. 28 109 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 7 MEETING DATE: 6/7/2017 PREPARED BY: Stephen Scott, Assistant Director Jennifer Frastai, Director Engineering and Community Development Department DEPARTMENT HEAD APPROVAL: ECD Planning & Building SUBJECT: A Resolution Authorizing the execution of a Second Amendment to Parking Waiver Agreement with AKB Realty, LLC (Allied Kitchen and Bath) 1. BACKGROUND/HISTORY Issue Statement: AKB Realty, LLC is requesting a Second Amendment to their Parking Waiver Agreement that would enable Suite A to be leased to an Athletic Club and eliminate the planned second floor office. This use is permitted in the Downtown Mixed Use District and is of appropriate intensity for the space and location. However, the Second Amendment would be necessary to change the specified use of "Restaurant" and "Office" to "Athletic Club" in the Parking Waiver Agreement. Recommended Action: The City Commission adopt a Resolution authorizing the appropriate City official to execute the Second Amendment to Parking Waiver Agreement allowing Suite A to be utilized for an Athletic Facility. On September 10, 2014, the City of Oakland Park entered into an agreement with AKB Realty, LLC (Allied Kitchen and Bath), regarding parking for the future uses of their building at 3484-3498 NE 12th Avenue (Main Street). The parking agreement waived fee requirements under the Interim Regulations of the Downtown Mixed Use District section of the Land Development Code. The original agreement required certain improvements (including tenant build-outs) to be completed by September 2016. It also specified uses in each of four suites as follows: Suite A - Restaurant on 1st Floor, Office on 2nd Floor Suite B - Restaurant Bar (Currently In Permitting) Item # 7 110 of 413 Suite C - Showroom (Completed and Open) Suite D - Restaurant Bar (Currently in Permitting) On September 21, 2016, the City Commission authorized execution of a First Amendment to the Parking Waiver Agreement, extending the deadline for completion of tenant build-outs to September 30, 2018. 2. CURRENT ACTIVITY AKB Realty, LLC is requesting a Second Amendment to their Parking Waiver Agreement that would enable Suite A to be leased to an Athletic Club and eliminate the planned second floor office. This use is permitted in the Downtown Mixed Use District and is of appropriate intensity for the space and location. However, the Second Amendment would be necessary to change the specified use of "Restaurant" and "Office" to "Athletic Club" in the Parking Waiver Agreement. The parties to the Second Amendment are the original owners of the property, which the City entered into the Agreement and First Amendment. The parking for the proposed use is a net decrease from the original proposed use. 3. FINANCIAL IMPACT None. 4. RECOMMENDATION Adopt Resolution authorizing the appropriate City official to execute the Second Amendment to Parking Waiver Agreement allowing Suite A to be utilized for an Athletic Club. ATTACHMENTS: Descr ipt ion Resolution Proposed Second Amendment Original Parking Waiver Agreement and Resolution First Amendment Item # 7 111 of 413 Page 1 of 2 RESOLUTION NO. R-2017-XXX 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 3 OF OAKLAND PARK, FLORIDA, APPROVING AND 4 AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO 5 EXECUTE THE SECOND AMENDMENT TO THE PARKING 6 WAIVER AGREEMENT WITH AKB REALTY, LLC; 7 PROVIDING FOR CONFLICTS; PROVIDING FOR 8 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission deems it to be in the best interests of the 11 City to approve and authorize the appropriate city officials to execute the Second 12 Amendment to the Parking Waiver Agreement with AKB Realty, LLC. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 15 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 16 17 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 18 hereby ratified and confirmed by the City Commission. All exhibits attached hereto 19 are hereby incorporated herein. 20 21 SECTION 2. In accepting the recommendation of City staff, the City 22 Commission of the City of Oakland Park, Florida, hereby approves and authorizes the 23 proper City officials to execute the Second Amendment to the Parking Waiver 24 Agreement with AKB Realty, LLC. 25 26 SECTION 3. All Resolutions or parts of Resolutions in conflict herewith, be 27 and the same are repealed to the extent of such conflict. 28 29 SECTION 4. If any clause, section or other part of this Resolution shall be 30 held by any court of competent jurisdiction to be unconstitutional or invalid, such 31 unconstitutional or invalid part shall be considered eliminated and will in no way affect 32 the validity of the other provisions of this Resolution. 33 34 SECTION 5. This Resolution shall become effective immediately upon its 35 passage and adoption. 36 37 38 39 40 41 42 43 Item # 7Attachment #1 Page 1 of 2 112 of 413 Page 2 of 2 ADOPTED by the City Commission of the City of Oakland Park, Florida this 7th, day 1 of June, 2017. 2 3 4 5 CITY OF OAKLAND PARK, FLORIDA 6 7 8 9 ___________________________________ 10 MAYOR JOHN ADORNATO III 11 12 J. ADORNATO _____ 13 S. GUEVREKIAN _____ 14 M. SPARKS _____ 15 M. CARN _____ 16 T. LONERGAN _____ 17 18 19 20 21 ATTEST: 22 23 24 25 26 27 RENEE M. SHROUT, CMC 28 CITY CLERK 29 Item # 7Attachment #1 Page 2 of 2 113 of 413 SECOND AMENDMENT TO PARKING WAIVER AGREEMENT WHEREAS, the City of Oakland Park, a Florida municipal corporation (the “City”) and AKB Realty, LLC, a Florida limited liability company (the “AKB”) entered into that certain Parking Waiver Agreement (the “Agreement”) dated November 17th, 2014; and WHEREAS, the City and AKB Realty entered into a First Amendment to the Agreement on September 21, 2016; and WHEREAS, AKB Realty is proposing a new use for Suite A resulting in a net parking requirement decrease from the original proposed use; and WHEREAS, the City and AKB Realty desire to enter into a Second Amendment to the Parking Waiver Agreement. NOW THEREFORE, in consideration of the mutual covenants, the City and AKB do agree to enter into this First Amendment to provide that: 1. The aforementioned Whereas clauses are hereby ratified and confirmed. 2. Any language in the Parking Waiver Agreement, its exhibit(s) or the First Amendment thereto limiting the use of Suite “A” to “Office” and “Restaurant”, be hereby amended to allow for Suite “A” to be operated as an “Athletic Facility”. 3. In the event of any inconsistencies between this First Amendment and the Agreement, the provisions contained in this First Amendment shall prevail. In all other respects, the terms and provisions of the Agreement are ratified and confirmed. CITY: Property Owner: CITY OF OAKLAND PARK, FLORIDA AKB REALTY, LLC _____________________________ _______________________________ By: David Hebert By: __________________________ Title: City Manager Title: _________________________ Date: _____________ Date: _____________ Item # 7Attachment #2 Page 1 of 1 114 of 413 Item # 7Attachment #3 Page 1 of 6 City o f OAKLAND PARK FL ORI DA 365 0 N.E. 12th Avenue • Oakland Park, Florida 33334 • 954 .630.42 0 0 • www.oaklan d parkfl .org PARKING WAIVER AGREEMENT This Parking Waiver Agreement (hereinafter "Agreement") dated August is entered between the City of Oakland Park, Florida (hereinafter "City") and AKB Realty , LLC, a Florida Limited Liability Company ("AKB ") with its principal place of business located at 616 W. Oakland Park Boulevard, Ft. Lauderdale Florida 33311. WHEREAS, AKB Realty, LLC represents and warrants to the City as of the date of this Agreement it is the owner of and has fee simple title to the real property located at 3484 N.E. 12 th Avenue, Oakland Park, Florida 33334 (hereinafter the "Property") and WHEREAS, the property owner, AKB Realty, LLC , seeks to operate a retail showroom for their business, "Allied Kitchen and Bath Design Center", occupying Suite C with 4,874 square feet and 2,478 square feet of dedicated storage for the business, as shown on the attached site plan; WHEREAS, the property owner, AKB Realty, LLC, also seeks to lease separate tenant spaces for the following : Suite A : 3,964 square feet of restaurant and 1,372 square feet of professional office, Suite B: 5,152 square feet ofrestaurant/bar, Suite D: 3,003 square feet of restaurant bar, as shown on the attached site plan, to be occupied by businesses that conform with the intent of the adaptive re-use incentive program in Section 24-276; WHEREAS, In accordance with the applicable sections of the Code of Ordinances for the City of Oakland Park, the City Manager may consider the waiver of fees and parking spaces for qualifying businesses enumerated under paragraph (A) in the Interim DMUD Regulations Section 24-276, when the City Manager determines that such a waiver shall serve to establish a positive standard for developments within the Downtown Mixed Use District leading to improved aesthetics in the district and the elimination of blight and underutilized properties. WHEREAS, AKB has requested from the City a waiver of 152 parking spaces; and NOW THERE.FORE, in consideration of the mutual covenants set forth herein the parties do agree and acknowledge that: I. The WHEREAS clauses set forth above are ratified and confirmed. 2. Applying the Parking Credit Schedule under Section 23-270 of the Code of Ordinances, the uses proposed by AKB require 5 spaces for the professional office in Suite A , 40 parking spaces for the restaurant in Suite A, 65 parking spaces for the restaurant/bar in Suite B, 8 parking spaces for the showroom and storage in Suite C, and 34 parking spaces for restaurant/bar in Suite D, for a total requirement of 152 parking spaces also detailed in Exhibit A. The property does not have any parking spaces on site resulting in a shortage of 152 spaces. There is sufficient public parking within 700 feet to accommodate these spaces. This is subject to a waiver of the payment in lieu of onsite parking fee of $15,000 per parking space totaling $2,280 ,000. {00 0333 14 _ I 1869 -0 10 148 0 } 115 of 413 Item # 7Attachment #3 Page 2 of 6 3. The City Manager does find and determines that restaurants, bars, professional offices and retail (under 10,000 square feet) are on the list of uses deemed desirable in the Downtown Culinary Arts District. The Development Review Committee found on August 11, 2014 that the proposed project will lead to improved aesthetics in the district and facilitate a business that will increase economic and pedestrian activity in the downtown and recommended approval of the proposed waiver; 4. In accordance with the authority granted by the City Manager under the Code of Ordinances, the City Manager does herby approve a waiver of onsite parking fees in the amount of $2 ,280 ,000 subject to the conditions stated below: A) Completion of the following external improvements by September 30 , 2016: 1) Facade upgrades as presented in the approved building elevations ; 2) Conversion of the loading driveways on N.E. 12 th Avenue to outdoor seating area and addition of five (5) new public parking spaces shown as on the site plan ; 3) New landscaping on the property and on the adjacent City owned property as presented in the approved plans; The failure to satisfy all three (3) conditions set forth in Section 4A above will result in the City revoking this Parking Waiver Agreement. B) Completion of the internal improvements as listed in Exhibit A by September 30, 2016. Any remaining approved uses that have not yet received a Certificate of Occupancy by this date will result in the loss of their respective parking fee waivers as presented in Exhibit A, and subject to payment of their respective parking fee(s) should they still seek to operate the respective business(es). 5 . This agreement shall commence upon the execution date and shall continue until such time as there is redevelopment, new development, or a change in use or occupancy of the existing building which deviates from the use(s) permitted at the commencement of this agreement, referred to in Section 2 . That would then require the development to conform to the applicable Land Development Regulations and the City's Code of Ordinances or payment of the fees identified in Section 2 of this agreement. At the time of issuance of a building permit for such change , the City will notify Property Owner/Applicant of its intent to revoke this agreement and its provisions within thirty (30) days . 6. This agreement is limited to the approval of the uses in Section 2 , above at 3484 N.E. 12th Avenue; 7. Notwithstanding the provisions of Section 5 above , this agreement shall expire if building permits for the uses defined in Section 2 are not obtained within one (1) year of the execution date and a certificate of occupancy is not obtained within an additional one (1) year, but in any event, no later than September 30, 2016. {000333 14.11 869 -0 101 480} 116 of 413 Item # 7Attachment #3 Page 3 of 6 ( F LORIDA 3650 N .E . 12th Ave nu e • Oakhnd Pa rk , Florid a 33334 • 954 .630.42 00 • www.on klandpnrkF l.o rg 8. This Agreement is not assignable to any subsequent owner; successor or assign of the real property located at 3484 N.E. Ith Avenue, Oakland Park without first obtaining the prior written consent of the City of Oakland Park. 9 . This Agreement shall be recorded in the Public Records of Broward County , Florida. I 0. This Agreement states the entire agreement between the parties and supersedes all prior agreements and negotiations , either oral or written with respect to the subject matter of this agreement. 11. This Agreement shall be governed by the laws of the State of Florida. 12 . In connection with any litigation arising out of this agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses incurred, including its reasonabl e attorney's fees at both the trial and appellate level. STA TE OF FLORIDA COUNTY OF~~ft1l--~ '"Iv-. I HEREBY CER1JFY that on thi~ .\'3::_ day ~k.1';fbefore me, the foregoing instrument was acknowledged byd',ht.fH fe;~,¾~ c · o or who has produced ______ , as identification and who did not take ·~ oat ' an • pace Details by Tenant Space W :\WDox\Docs\1869\0101480\00030658.DOC {00033314 .1 /869-0 /0/480} 117 of 413 Item # 7Attachment #3 Page 4 of 6 Exhibit A Parking Space Details by Tenant Space Tenant Space & Use Required Fee Waiver Parking (# X 15,000) Spaces Suite A: Restaurant 1 (1 st floor (a), 3,964 sq ft) 40 600,000 Suite A: Office (2°0 floor) 5 75,000 Suite B: Restaurant 2 (5,152 + 400 outdoor= 6,552 sq ft) 65 975,000 Suite C: Showroom and Stora2e 8 120,000 Suite D: Restaurant 3 (3,002 + 1400 outdoor= 3,402 sq ft) 34 510,000 Total 152 2,280,000 {000333 14.1 1869-0 10 1480} 118 of 413 Item # 7Attachment #3 Page 5 of 6 1 RESOLUTION NO. R-2014-090 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF OAKLAND PARK, FLORIDA, APPROVING AND 5 AUTHORIZING THE PROPER CITY OFFICIALS TO 6 EXECUTE THE PARKING WAIVER AGREEMENT BETWEEN 7 THE CITY AND AKB REALTY, LLC; THE COPY OF THE 8 AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; 9 PROVIDING FOR CONFLICTS; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission deems it to be in the best interests of the 13 City to approve and authorize the proper City officials to execute the Parking Waiver 14 Agreement between the City and AKB Realty, LLC. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 17 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 18 19 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 20 hereby ratified and confirmed by the City Commission. All exhibits attached hereto 21 are hereby incorporated herein. 22 23 SECTION 2. In accepting the recommendation of City staff, the City 24 Commission of the City of Oakland Park, Florida, hereby approves and authorizes the 25 proper City officials to execute the Parking Waiver Agreement between the City and 26 AKB Realty, LLC; a copy of the Agreement is attached hereto as Exhibit "A". 27 28 SECTION 3. All Resolutions or parts of Resolutions in conflict herewith, be 29 and the same are repealed to the extent of such conflict. 30 31 SECTION 4. If any clause, section or other part of this Resolution shall be 32 held by any court of competent jurisdiction to be unconstitutional or invalid, such 33 unconstitutional or invalid part shall be considered eliminated and will in no way affect 34 the validity of the other provisions of this Resolution. Page 1 of2 119 of 413 Item # 7Attachment #3 Page 6 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. ADOPTED by the City Commission of the City of Oakland Park, Florida this 10m day of September 2014. CITY OF OAKLAND PARK, FLORIDA MAYOR SHARI L. MCCARTNEY J. SHANK YES T. LONERGAN YES S. GUEVREKIAN YES J. ADORNATO YES S. MCCARTNEY YES Page 2 of2 120 of 413 Item # 7Attachment #4 Page 1 of 4 1 RESOLUTION NO. R-2016-107 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF OAKLAND PARK, FLORIDA, APPROVING AND 5 AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO 6 EXECUTE THE FIRST AMENDMENT TO THE PARKING 7 WAIVER AGREEMENT WITH A.KB REAL TY, LLC; 8 PROVIDING FOR CONFLICTS; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission deems it to be in the best interests of the 12 City to approve and authorize the appropriate city officials to execute the First 13 Amendment to the Parking Waiver Agreement with AKB Realty, LLC. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 16 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 17 18 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 19 hereby ratified and confirmed by the City Commission. All exhibits attached hereto are 20 hereby incorporated herein . 21 22 SECTION 2. In accepting the recommendation of City staff, the City 23 Commission of the City of Oakland Park, Florida, hereby approves and authorizes the 24 proper City officials to execute the First Amendment to the Parking Waiver Agreement 25 with AKB Realty, LLC. 26 27 SECTION 3. All Resolutions or parts of Resolutions in conflict herewith, be 28 and the same are repealed to the extent of such conflict. 29 30 SECTION 4. If any clause, section or other part of this Resolution shall be 31 held by any court of competent jurisdiction to be unconstitutional or invalid, such 32 unconstitutional or invalid part shall be considered eliminated and will in no way affect 33 the validity of the other provisions of this Resolution. 34 35 SECTION 5. This Resolution shall become effective immediately upon its 36 passage and adoption. 37 38 39 40 Page 1 of 2 121 of 413 Item # 7Attachment #4 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ADOPTED by the City Commission of the City of Oakland Park, Florida this 21 st day of September, 2016. AND PARK, FLORIDA LONERGAN J. ADORNATO III YES S. GUEVREKIAN YES_ J. SHANK YES M. CARN YES T. LONERGAN YES_ ATTE T· ~ ~ ~NEM.fil!ROUT,C~ CITY CLERK Page 2 of2 122 of 413 Item # 7Attachment #4 Page 3 of 4 Allied Development Parking Space Details by Tenant Space -Updated for Request for Extension Case# CD14-18DMUD Tenant Space & Use: Original Approval 2014 Required Fee Waiver Parking (#x 15K) Spaces Suite A: Restaurant 1 (1st floor@ 3,964 sq ft) 40 600K Suite A: Office (2 nd floor) 5 75K Suite B: Restaurant 2 (5,152 + 400 outdoor 65 975K seating= 6,552 sq ft) Suite C: Showroom and Storage 8 120K Suite D: Restaurant 3 (3,002 + 1400 outdoor 34 510K seating = 3,402 sq ft) Total 152 2,280,000 Tenant Space & Use: Updated 2016 Required Occupied/ Remaining Remaining Parking Vested Parking Spaces Fee Waiver Spaces Spaces Requested (#x15K) Suite A: Restaurant 1 (1 st floor@> 3,964 sq ft) 40 0 40 600K Suite A: Office (2 nd floor) 5 0 5 75K Suite B: Restaurant 2 (5,152 + 400 outdoor 65 Lease Pending 65 975K seating = 6,552 sq ft) Suite C: Showroom and Storage 8 8 0 n/a Suite D: Restaurant 3 (3,002 + 1400 outdoor 34 Lease Pending 34 510K seating = 3,402 sq ft) Total 152 8 144 Z,160,000 Revised 9/2/2016 123 of 413 Item # 7Attachment #4 Page 4 of 4 FIRST AMENDMENT TO PARKING WAIVER AGREEMENT WHEREAS, the City of Oakland Park, a Florida municipal corporation (the "City") and AKB Realty, LLC, a Florida limited liability company (the "AKB") entered into that certain Parking Waiver Agreement (the "Agreement") dated November 17th , 2014. NOW THEREFORE, in consideration of the mutual covenants, the City and AKB do agree to enter into this First Amendment to provide that: 1. The Whereas clauses are hereby ratified and confirmed. 2. Section 4(8) requiring completion of the internal improvements as listed by Exhibit "A" (attached hereto) by September 30 th , 2016 is extended to September 30 th , 2018. 3. In the event of any inconsistencies between this First Amendment and the Agreement, the provisions contained in this First Amendment shall prevail. In all other respects, the terms and provisions of the Agreement are ratified and confirmed. CITY: Property Owner: CITY OF OAKLAN AKB REALTY, By: By: Title: Title: Date: -'-=4C..::.....:.>L.#,-,:_;__ Date: 124 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 8 MEETING DATE: 6/7/2017 PREPARED BY: Chris Lips, Utilities Manager, Public Works Department Albert Carbon III, P.E., Director, Public Works Department DEPARTMENT HEAD APPROVAL: PUBLIC WORKS SUBJECT: Resurfacing of Area Impacted by Water Service Improvements 1. BACKGROUND/HISTORY Issue Statement: During the construction of Bid Pack 10 all of the existing water services were replaced throughout the Middle River Homes community. In order to install the new water services, the existing asphalt pavement was demolished and restored in segments approximately 6 feet in width. The resulting condition of the driveways and parking lot is uneven, discolored and of different texture from the existing asphalt due to the excavation and trenching. In addition, areas of the remaining existing pavement were impacted and scarred by the construction equipment. Recommended Action: The City Commission to adopt a resolution authorizing an Amendment to the Work Authorization with All County Paving to include parking lot area of the Middle River Homes Condos Community for an amount of $58,792. 2. CURRENT ACTIVITY The Bid Pack 10 Scope of work did not include resurfacing the pavement within the Middle River Homes community, but only restoring the areas where the pavement was removed for the utility installations. However, as shown in the attached pictures, the condition of the parking lot left by the multiple trenching and impact of the heavy Item # 8 125 of 413 equipment requires additional consideration. In order to restore the asphalt to match the condition before construction, a new top layer of asphalt is recommended by staff. The City is under contract with a paving contractor, M & M Asphalt dba All County Paving, as part of the City’s resurfacing program to address multiple streets throughout the year. The cost for this contractor to resurface the asphalt (including safety striping) is $58,792 and is lower than the unit price under the Bid Pack 10 contract with Metro Equipment Services, Inc. ($99,000). Additionally, staff reached out to DBF Construction, the Bid Pack 11 contractor and received a quote that was also higher than All County Paving ($77,995). The quotations are attached to this document. Please note the quotations also include pricing for elements not considered for award by the City, but included for use by Middle River Homes. The proposal from All County Paving does not include these elements. In addition to the asphalt resurfacing, the Middle River Homes Condo Association will concurrently implement upgrades to their parking lot at a cost to them of approximately $32,105 for the following items: removal and replacement of concrete wheel stops, milling approximately 1” of the existing pavement, install new speed humps and pavement restriping. The additional work being proposed by Middle River Homes Condo Association’s will be contracted directly with the Association and the contractor 3. FINANCIAL IMPACT Funding for the resurfacing will come from fund contingency appropriated for use this fiscal year. The proposed expenditure is as follows: Account Name & Number Available Budget Proposed Expenditure Remaining Available Capital Outlay - Infrastructure 40170536.463000 $ 58,792 $ 58,792 $ - 4. RECOMMENDATION Staff recommends the adoption of a resolution approving a work authorization to All County Paving for the additional scope of work for asphalt resurfacing in the amount of $57,000. ATTACHMENTS: Descr ipt ion Reolution Item # 8 126 of 413 Proposal - All County Paving Proposal-Metro Equipment Services Inc. Proposal--DBF Photos of Condition of Parking Lot after City's project Location Map Item # 8 127 of 413 Page 1 of 2 RESOLUTION NO. R-2017-XXX 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 3 OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING 4 THE PROPER CITY OFFICIALS TO EXECUTE A WORK 5 AUTHORIZATION WITH ALL COUNTY PAVING FOR ASPHALT 6 RESURFACING; PROVIDING FOR CONFLICTS; PROVIDING FOR 7 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 8 9 10 WHEREAS, the City Commission deems it to be in the best interests of the City to 11 approve and authorize the proper City officials to execute a Work Authorization with All 12 County Paving for asphalt resurfacing. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15 THE CITY OF OAKLAND PARK, FLORIDA THAT: 16 17 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and hereby 18 ratified and confirmed by the City Commission. All exhibits attached hereto are hereby 19 incorporated herein. 20 21 SECTION 2. The City Commission of the City of Oakland Park, Florida, hereby 22 approves and authorizes the proper City officials to execute a Work Authorization with All 23 County Paving for asphalt resurfacing in an amount no-to-exceed of $57,000.00. 24 25 SECTION 3. The appropriate City officials are authorized and directed to execute 26 the necessary documents to comply with this Resolution. 27 28 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be and 29 the same are repealed to the extent of such conflict. 30 31 SECTION 5. If any clause, section or other part of this Resolution shall be held by 32 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 33 invalid part shall be considered eliminated and will in no way affect the validity of the other 34 provisions of this Resolution. 35 36 SECTION 6. This Resolution shall become effective immediately upon its passage 37 and adoption. 38 39 40 41 42 43 44 45 Item # 8Attachment #1 Page 1 of 2 128 of 413 Page 2 of 2 ADOPTED by the City Commission of the City of Oakland Park, Florida this 17th, 1 day of May, 2017. 2 3 4 5 CITY OF OAKLAND PARK, FLORIDA 6 7 8 ___________________________________ 9 MAYOR JOHN ADORNATO III 10 11 T. LONERGAN _____ 12 S. GUEVREKIAN _____ 13 M. SPARKS _____ 14 M. CARN _____ 15 J. ADORNATO _____ 16 17 18 19 20 ATTEST: 21 22 23 RENEE M. SHROUT, CMC 24 CITY CLERK 25 Item # 8Attachment #1 Page 2 of 2 129 of 413 Pavement Maintenance Proposal City of Oakland Park Chris Lips Project: Middle River Homes Condos 2916 NE 8th Terrace Oakland Park, FL 33334 Josh Marfleet Project Manager Item # 8Attachment #2 Page 1 of 7 PAVEMENT MANAGEMENT SOLUTIONS 130 of 413 Company Info Contact Person All County Paving 1180 SW 10th St Delray Beach, FL, 33444 P: 561-588-0949 F: 561-588-2140 http:///www.allcountypaving.com/ Josh Marfleet Project Manager JMarfleet@allcountypaving.com Cell: 561-302-9361 Office 561-588-0949 About Us All County Paving is a full service asphalt paving and maintenance contractor with over 30 years of expertise in the pavement maintenance & construction of parking lots, roadways and recreational surfaces throughout Florida. We understand that you have needs and issues that are not evident when you seek proposals for your projects. At All County Paving, we will share with you the simple best practices that not only provide you with the best project for the money, but also the best experience of working with a team of people who understand how to make this easy for you, your customers and the community. Please find the enclosed proposal as per your needs & do not hesitate to contact us with any questions. Page 2 Proposal: Middle River Homes Condos Your Pavement Contractor Item # 8Attachment #2 Page 2 of 7 ~ COUNT'V PAVEMENT MANAGEMENT SOLUTIONS 131 of 413 ASPHALT OVERLAY 1.The area under consideration comprises of 8,210 square yards. 2.Tack areas with DOT approved primer tack. 3.Level any depressed areas prior to overlay. 4.Install 1” average hot plant mixed asphalt Type S-III. 5.Roll and compact areas using a 3-5 ton steel drum and 9-wheel rubber tire roller. 6.Remove any related debris from site Total Price for this item: $57,000.00 STRIPING 1.Stripe new layout using DOT approved latex traffic yellow, white and/or blue paints to include: Remove and re-install existing car stops (no replacement), 3 painted stop bars, & 6 blue RPM's. Total Price for this item: $1,792.00 Page 3Page 3 Proposal: Middle River Homes CondosProposal: Middle River Homes Condos Item # 8Attachment #2 Page 3 of 7 C:OUNT'V 132 of 413 Please find the following breakdown of all services we have provided in this proposal. This proposal originated on April 20, 2017. Item Description Cost 1 ASPHALT OVERLAY $57,000.00 2 STRIPING $1,792.00 Total:$58,792.00 Authorization to Proceed & Contract ACCEPTED: Prices, specifications,terms and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined below. Payment Terms We agree to pay the total sum or balance in full upon completion of this project. I am authorized to approve and sign this project as described in this proposal as well as identified below with our payment terms and options. PAYMENTS TO BE MADE AS FOLLOWS: 1/3 Deposit, 1/3 Due upon Commencement of Milling, Net due upon completion. Date: Chris Lips / Utilities Manager City of Oakland Park 5100 NE 12th Terrace Oakland Park, FL, 33334 chrisl@oaklandparkfl.gov O: 954-630-4441 Josh Marfleet / Project Manager JMarfleet@allcountypaving.com C: 561-302-9361 All County Paving 1180 SW 10th St Delray Beach, FL, 33444 P: 561-588-0949 F: 561-588-2140 http:///www.allcountypaving.com/ Page 4 Proposal: Middle River Homes CondosPrice Breakdown: Middle River Homes Condos Item # 8Attachment #2 Page 4 of 7 C:OUNT'V 133 of 413 Contract Terms & Conditions 1.Any punch list items must be submitted in writing. No repairs will be made until 90% of the invoice amount has been paid. 2.This contractor cannot guarantee elimination of standing water. 3.Please make sure street sweepers are cancelled during the sealcoating projects. 4.If there are any dumpsters in the scheduled area to be Sealcoated please have them removed or moved to another area so we can seal under it. If they're not moved, there will be an additional mobilization fee of $1,295.00 charged to remobilize. 5.Job site will be barricaded during work. The contractor will not be responsible for persons breaking through barricades, tracking of materials or paint, damages to cars or persons trespassing in designated areas. 6.Permit, Procurement fees and any additional work required by the permit will be extra to the contract amount. 7.This contractor recommends a civil engineer be retained for ADA upgrades. As such this contractor makes no claim that ADA upgrades will meet any/all local, state and federal guidelines on ADA compliance. 8.Due to price fluctuations on material costs, this contractor reserves the right to withdraw the proposal at any time prior to the commencement of work. 9.Not responsible for any damage to underground utilities. 10.A certificate of Insurance will be issued upon request prior to commencement of work. 11.All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 12.All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of (1) year, excluding normal wear & tear. All County guarantees all workmanship and materials for up to (1) year, excluding normal wear & tear. Warranty starts at conclusion of work and is not valid until payment has been made in full. 13.Any broken car stops will be replaced at an additional cost of $45.00 each. 14.Any additional mobilizations for Sealcoating will be billed at a rate of $1,750.00 each. 15.Any additional mobilizations for Paving will be billed at a rate of $4,500.00 each. 16.All material is guaranteed to be as specified. 17.Reflective Pavement Markers are excluded from the warranty. 18.Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. 19. All work is to be completed in a workmanlike manner according to standard practices. 20.Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. 21.All agreements contingent upon strikes, accidents or delays beyond our control. 22.Due to the fluctuations in the petroleum markets, All County reserves the right to impose a fuel surcharge. 23.Owner to carry fire tornado and other necessary insurance upon above work. 24.Our workers are covered by Workmen’s Compensation Insurance. 25.In the event of any litigation or other proceeding arising out of this agreement, the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. 26.Material Costs Increase: Our prices may change with no warning based on US world oil prices. We base our price when we bid the project based on the price of asphalt at that time. In the event that a price increase happens, you will have a new fee to you as well unless stated in the specifications a guaranteed material price is included 27.This proposal/contract including all terms and conditions shall become a legally binding attachment to any contract entered into between All County Paving and the financially responsible company for which the work will be performed. 28.Sweepers should not be used on freshly seal coated properties. 29. All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and or sealcoating schedule. 30.Site Services: The property is responsible to notify all landscapers and garbage companies to not provide service on our scheduled work day. In the event of a reschedule due to unforseen conditions, you are required to let all service Page 5 Proposal: Middle River Homes CondosAdditional Info: Middle River Homes Condos Item # 8Attachment #2 Page 5 of 7 C:OUNT'V 134 of 413 providors know about the change. 31.White Chalk Residue in Crack Areas: When sealcoating a parking lot with significant underwater issues a white reside that looks like salt may appear in the areas of cracks throught the parkiing lot. This is a conditons where the base material of limestone or other surface is drawn to the top of the surface. Since the surface is a dark black, this will be far more evident for a period of time. 32.Pavement Sealer: will take several days to fully cure and is sensitive to animal droppings, tree droppings; water stains from irrigation systems, ponding water & tire markingsduring this time. This is normal and no reason to be concerned, it will fade over time. Areas of shade will take longer to dry and cure then areas in the direct sunlight. 33.Lawn Fertilization:should not be installed seven days before or after service. 34.Rain: If it's raining the day of scheduled service, assume we aren't coming and we will contact you to reschedule as soon as possible. If it rains after our installation, please contact your representative. We monitor the weather closely and can generally predict this very well. In the event that an unexpected storm happens, we will touch up any areas where sealer has not bonded. 35.Sprinklers:should be off 24 hours prior until 48 hours after service. Avoid lawn cutting during this same period of time. The surface must be dry for our arrival. Areas where the newly sealed pavement is wet may wear prematurely. 36.Barricaded Parking Lot: It is vital that all vehicles are removed from our area of work no later than 7:15 am, unless otherwise agreed. As you can imagine, our project costs are based on the property having all cars, people and objects off the area of work. Tow Trucks need to be arranged 5 days prior to the start of any work and must be on call to remove cars from the scheduled work zone. If any cars are left on the area of work, we cannot be held responsible for any damage to the vehicles. 37.Overspray on Grass: where grass meets your pavement, you may expect a small “drift spray” of pavement sealer. This is normal and will disappear generally after the next mowing. 38.Weeds:Customer should have weeds growing in the parking lot treated at least two weeks prior to the commencement of the seal coating project. 39.Seal Coating : Is not a crack filler. All existing cracks in the pavement will still be visible after sealcoating. 40.New pavement is susceptible to scuffing and marks until it has properly cured. As asphalt is a petroleum based product the prices are subject to change if oil prices increase dramatically. 41.Existing Cracks with vegetation growing should be prepared with a weed killer such as ‘Round Up’ for several treatments before we arrive on the job. 42.The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired at a later date, we will be happy to quote you separately. 43.Large cracks in the existing asphalt may reflect through the new asphalt in time. 44.There will be a tire ‘tracking’-this cannot be avoided, but the tracking marks will disappear in time. 45.This proposal specifically excludes the acceptance of a “Pay when Paid Clause” payment clause 46.All County shall be provided with suitable access to the work area. If All County’s work is dependent upon or must be undertaken in conjunction with the work of others, such work shall be performed and completed so as to permit All County to perform its work hereunder in an uninterrupted single shift operation. 47.Delays to All County shall be paid at a rate of $200.00 per half hour. 48.In the event that any work is done under this agreement as amended, or any side agreement, by All County which work is on public property, the (Client/Owner) agrees and understands that the project property which it owns shall be charged with all indebtedness hereunder. 49.Standing Water: When repairing the pavement, we do not gurantee elimination of standing water. 50.Driving on Surface: Once you start driving on paved/sealed surface, avoid turning your wheels unless your car is moving. We understand this may be difficult to do, but understand that when wheels are turned on a freshly paved/sealed asphalt surface, scuffing and turn marks wil be evident. 51.Concrete Repairs : This contractor will not be responsible for damage to grass, sod, irrigation or any other underground utilities. Excavated materials will be left in the islands/landscaped areas. 52.Concrete Grinding : Customer is aware that after grinding of the sidewalks, the concrete will be rough and not uniform in appearance. Customer is also aware that grinding of concrete will not eliminate the potential of a liability issue. Page 6 Proposal: Middle River Homes Condos Item # 8Attachment #2 Page 6 of 7 C:OUNT'V 135 of 413 Please click any of the links below to view and print all documents. Company Attachments 2016 / 2017 COI ACP W-9 FDOT Certification Polytar Brochure References (Contractor) References (Property Management) Page 7 Proposal: Middle River Homes CondosAttachments Item # 8Attachment #2 Page 7 of 7 C:OUNT'V 136 of 413 METRO EQUIPMENT SERVICE, INC.Proposal DATE:3/24/2017 PROJECT:Bid Package 10 Water Main, Force Main and Drainage Improvements TO:Chris Lips City of Oakland Park RE: LABOR Total Allowable Mark Up (see attached documents)-$ -$ -$ EQUIPMENT Total Allowable Mark Up (see attached documents)$0.00 $0.00 -$ MATERIALS & SUPPLIES Total Allowable Mark Up (see attached documents)-$ -$ -$ SUBCONTRACTS Total Allowable Mark Up (see attached documents)$28,729.00 1,436.45$ 30,165.45$ MISC. Requirments Total Allowable Mark Up (see attached documents)$0.00 -$ $0.00 Subtotal 30,165.45$ Bond 603.31$ Direct Costs Subtotal 30,768.76$ Additional Items PAY ITEM DESCRIPTION UNIT QTY.U. COST SUB. TOT -$ IN CONTRACT PAY ITEMS: PAY ITEM DESCRIPTION UNIT EST. QTY.U. COST SUB. TOT 14 SY 9,000.00 11.00$ 99,000.00$ -$ Subtotal 99,000.00$ TOTAL:129,768.76$ TOTAL OF THIS CHANGE ORDER REQUEST ADD DEDUCT TBD 129,768.76$ The Contract Time will be revised to reflect:ADD DEDUCT TBD 4 Calendar Days Metro Equipment Service Roberto Ponce de Leon Project Manager 3/24/2017 General Contractor Name Title Signature Date Project Engineer Name Title Signature Date Having received the above, I hereby certify that to the best of my knowledge and belief, the cost or pricing data submitted reflects adequate values and that Contractor is entitled to payment and time extension as noted above. 1" Milling and Paving Middle Rive Condos 1" Type SP-9.5 Overlay Item # 8Attachment #3 Page 1 of 2 --D D D D 137 of 413 EXTRA WORK - Direct Cost Breakdown DESCRIPTION OF EXTRA WORK ACTIVITIES ITEM # Extra work - Direct cost breakdown Time :0.00 Hrs A.- Labor Requirements Qty Regular Regular (Hrs)Stand-by Overtime (Hrs)Amount Description Rate/Hr 0.00 Time 0.00 Working Foreman 0 60.00$ 0.00 0.00 $0.00 Pipe Layer 0 20.00$ 0.00 0.00 $0.00 Excavator Operator 0 22.00$ 0.00 0.00 $0.00 Loader Operator 0 21.00$ 0.00 0.00 $0.00 Top Man 0 18.00$ 0.00 0.00 $0.00 Laborer 0 12.50$ 0.00 0.00 $0.00 Laborer 0 12.00$ 0.00 0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 B.-Equipment Requirements Qty Rate/Hr Operating Operating Duration Amount Description Cost/Hr Hours (Hrs) John Deer 225 0 52.76$ 52.75$ 0.00 0.00 $0.00 CAT 305D Excavator 0 24.00$ 25.56$ 0.00 0.00 $0.00 Volvo L70 Loader 0 29.71$ 33.00$ 0.00 0.00 $0.00 CAT 420 Combination 0 13.55$ 24.20$ 0.00 0.00 $0.00 Skid Steer Loader w/ Broom Attachment 0 35.00$ 23.00$ 0.00 0.00 $0.00 Site Truck 0 8.00$ 13.15$ 0.00 0.00 $0.00 8'x20' Steel Plates 1"0 3.07$ 0.31$ 0.00 0.00 $0.00 185 CFM Air Compressor 0 8.00$ 15.20$ 0.00 0.00 $0.00 Trench Box 0 17.67$ 1.77$ 0.00 0.00 $0.00 Low Boy 0 22.27$ 56.30$ 0.00 0.00 $0.00 Trash Pump 0 4.18$ 7.35$ 0.00 0.00 $0.00 Vibratory Plate Compactor 0 34.00$ 8.15$ 0.00 0.00 $0.00 Water Truck 0 56.00$ 45.80$ 0.00 0.00 $0.00 Weekly Rate Hourly Rate Weeks $0.00 $0.00 -$ $0.00 -$ $0.00 $0.00 Mark Up15%$0.00 C.-Material Total Equipment $0.00 Description Qty Unit Rate (w/Tax)Amount -$ -$ -$ -$ $0.00 Allowable Mark Up15%$0.00 D.-Subcontractor Requirements Total Mateials $0.00 Subcontractor (C&R Milling & Paving Inc)Qty Unit Rate (w/Tax)Duration Amount Milling Service, Clean Up and Hauling 1 LS 17,000.00$ 1 $17,000.00 Remove 220 Car Stops and Istall Back 1 Day 2,500.00$ 1 $2,500.00 Install 5 Speed Bumps 2'x30'x4"1 Day 3,500.00$ 1 $3,500.00 Stripping 220 Parking Spaces w/ Paint (No thermo)1 LS 5,700.00$ 1 $5,700.00 Standard New Concrete Wheel Stop and Install pins(Final Qnty to be determined)1 EA 29.00$ 1 $29.00 $28,729.00 Mark Up 5%$1,436.45 E.- Misc. Requirements Total Subcontractor $30,165.45 Description Qty Unit Rate (w/Tax)Duration Amount -$ 0 $0.00 -$ 0 $0.00 $0.00 Mark Up 15%$0.00 Total Misc.$0.00 $30,165.45 $603.31 GRAND TOTAL :$30,768.76 NOTES : Metro Equipment Service has subcontracted C&R Milling and Paving to remove and replace 1" of asphalt on the entire parking lot by Middle Rive Homes condominium. There is no provision for any asphalt build up that may be necessary to achieve water flow. In addition, we will not be responsible for changing the profile of the existing asphalt. WORK IS TO BE DONE IN TWO PHASES Milling and Paving Middle River Condos DESCRIPTION Sub Total Sub Total Labor Including Burden: Rented Equipment 66.60% Labor Burden : Sub-Total Additional Bond Premium 2% Total : Sub Total Sub Total Mark Up 15% Total Labor Equipment Time: Item # 8Attachment #3 Page 2 of 2 - I I I I I 138 of 413 April 14, 2017 City of Oakland Park Attn: Chris Lips 1 1" ASPHALT OVERLAY 8,210 SY 9.50$ 77,995.00$ 2 STRIPING (PAINT 214 PARKING STALLS W/ 4" WHITE, 6 SPEED BUMPS, 3 STOP BARS, & MISC 4" YELLOW, & 6 - BLUE RPMS) 1 LS 5,500.00$ 5,500.00$ 3 REPLACE EXISTING SPEED BUMPS. (MATCH EXISTING) 6 EA 750.00$ 4,500.00$ 4 REMOVE & REPLACE DAMAGED CAR STOPS 50 EA 60.00$ 3,000.00$ 90,995.00$ Bond:1,819.90$ Total:92,814.90$ ALT 1 THERMOPLASTIC STOP BARS 3 EA 950.00$ 2,850.00$ ALT 2 MILL EXISTING PARKING LOT 1"8,210 SY 2.00$ 16,420.00$ ALT 3 ADDITIONAL MOBILIZATIONS ( PRICE INCLUDES ONE) 1 EA 4,500.00$ 4,500.00$ Bob Henning DBF Construction LLC Middle River Homes Condos Subtotal: Pricing based on: Site Inspection. Not responsible for solving existing drainage issues. As with any overlay project, if there's existing cracks in asphalt, they will eventually show in new overlay. Inclusions: Mobilization, MOT, removing & reinstalling Existing Car Stops, and Paint Striping. Exclusions: Permits, Thermoplastic Striping, Surveying, Asbuilts, Cleaning Existing Drainage, Permits, Engineering, Landscaping, Signage, or any other work not specifically mentioned above. Item # 8Attachment #4 Page 1 of 1 D l BF CONSTRUCTION LLC 139 of 413 Photos of Final Asphalt Surface Item # 8Attachment #5 Page 1 of 1 140 of 413 NE 6 th Av e Oakland Park Blvd Middle River Homes Association NE 8 th Av e Item # 8Attachment #6 Page 1 of 1 141 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 9 MEETING DATE: 6/7/2017 PREPARED BY: Chris Lips, Utilities Manager, Public Works Department Albert Carbon III, P.E., Director, Public Works Department DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: NW 36 th Street Drainage Improvements 1. BACKGROUND/HISTORY Due to lack of time, this item was moved from the May 17, 2017, Commission meeting to the June 7, 2017, meeting for Commission consideration. Issue Statement: The City has documented roadway flooding at NW 36 th Street and Andrews Avenue. As shown in the attached aerial map, the flooding is impacting the roadway and the parking area for the adjacent business. Recommended Action: The City Commission adopt a resolution approving a Work Authorization with Molloy Bros. Inc. to provide the required drainage improvements for an amount of $28,450. 2. CURRENT ACTIVITY The quote from Molloy Bros. Inc. utilizes contract pricing under a continuing contract with the City of Fort Lauderdale, with a total cost of $28,450. The construction area is limited to about 100’ located on the south side of NW 36 th Street just west of Andrews Avenue. Construction will take approximately two weeks Item # 9 142 of 413 and consists of new drainage including a catch basin, 50 feet of exfiltration trench, 50 feet of drainage pipe, pavement restoration and sod restoration. In addition, an existing water main must be offset vertically to avoid the proposed drainage system. The proposed drainage system will be interconnected to an existing drainage system which will serve to improve the overall drainage system, not just the subject problem area. 3. FINANCIAL IMPACT The proposed cost is $28,450. This project was not included in the adopted FY 17 CIP, but can be accommodated within the existing budgets of the Water-Sewer Fund and the Stormwater Fund. The cost to the Stormwater Fund is $21,550 and the cost to the Water Fund is $6,900. 4. RECOMMENDATION Staff recommends the approval of a work authorization to Molloy Bros. Inc. in the amount of $28,450. ATTACHMENTS: Descr ipt ion Resolution Exhibit A- Picture of Street Flooding/Ponding Exhibit B-Proposal from Molloy Bros. Inc. Exhibit C - Contract with Ft. Lauderdale Exhibit D - Aerial Map Item # 9 143 of 413 Page 1 of 2 RESOLUTION NO. R-2017-XXX 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 3 OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING 4 THE PROPER CITY OFFICIALS TO EXECUTE A WORK 5 AUTHORIZATION WITH MOLLEY BROS. INC. TO PROVIDE 6 DRAINAGE IMPROVEMENTS; PROVIDING FOR CONFLICTS; 7 PROVIDING FOR SEVERABILITY; PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, the City Commission deems it to be in the best interests of the City to 12 approve and authorize the proper City officials to execute a Work Authorization with Molley 13 Bros., Inc. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF OAKLAND PARK, FLORIDA THAT: 17 18 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and hereby 19 ratified and confirmed by the City Commission. All exhibits attached hereto are hereby 20 incorporated herein. 21 22 SECTION 2. The City Commission of the City of Oakland Park, Florida, hereby 23 approves and authorizes the proper City officials to execute a Work Authorization with Molley 24 Bros. Inc. in an amount not-to-exceed $28,450.00 to provide drainage improvements. 25 26 SECTION 3. The appropriate City officials are authorized and directed to execute 27 the necessary documents to comply with this Resolution. 28 29 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be and 30 the same are repealed to the extent of such conflict. 31 32 SECTION 5. If any clause, section or other part of this Resolution shall be held by 33 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 34 invalid part shall be considered eliminated and will in no way affect the validity of the other 35 provisions of this Resolution. 36 37 SECTION 6. This Resolution shall become effective immediately upon its passage 38 and adoption. 39 40 41 42 43 44 45 46 Item # 9Attachment #1 Page 1 of 2 144 of 413 Page 2 of 2 ADOPTED by the City Commission of the City of Oakland Park, Florida this 7th, day 1 of June, 2017. 2 3 4 5 CITY OF OAKLAND PARK, FLORIDA 6 7 8 ___________________________________ 9 MAYOR JOHN ADORNATO III 10 11 T. LONERGAN _____ 12 S. GUEVREKIAN _____ 13 M. SPARKS _____ 14 M. CARN _____ 15 J. ADORNATO _____ 16 17 18 19 20 ATTEST: 21 22 23 RENEE M. SHROUT, CMC 24 CITY CLERK 25 Item # 9Attachment #1 Page 2 of 2 145 of 413 Item # 9Attachment #2 Page 1 of 1 - 146 of 413 Drainge Proposal Request--NW 36th Street just West of Andrews Avenue *Revised with the removal of 585 SY of Mill & Overlay Qnty Unit Cost Total Storm Drainage Type C Inlet or 4’ Diam Inlet with USF 4155 and PRB 1 EA 2750 2,750.00$ Core Drill and Connect to Existing Inlet and add PRB 1 LS 500 500.00$ 15” Diameter A-2000 Storm Drain 50 LF 50 2,500.00$ 15” Perforated A-2000 in 4’x4’ Exfiltration Trench 50 LF 135 6,750.00$ Water Main Cut Existing 6” & 8” ACP Water Main and Remove 30 LF 50 1,500.00$ Furnish and Install 8”x6” Tee 1 EA 450 450.00$ Furnish and Install 6” G.V. 1 EA 1200 1,200.00$ Furnish and Install 8” DIP Water Main 30 LF 65 1,950.00$ Furnish and Install 8”-45 Degree Bends for Vert Offset 4 EA 450 1,800.00$ Paving and Restoration Trench Backfill/Pavement Restoration with compacted Backfill, compacted subgrade, 8” Limerock and 1” Type S-111 Asphalt 150 SY 23 3,450.00$ Install Type D Curb 40 LF 45 1,800.00$ Asphalt & Limerock Removal 18 SY 30 540.00$ Furnish and Install Bahia Sod 18 SY 20 360.00$ Replace Thermo Pavement Markings (Stop Bar & Dbl Yellow) 1 LS 1300 1,300.00$ Replace Parking Space Markings (4” White Paint)1 LS 600 600.00$ MOT 1 LS 1000 1,000.00$ 28,450.00$ 800 NW 27 Avenue : Fort Lauderdale, FL 33311 : (954)792-9380 Thursday, April 20, 2017 Item # 9Attachment #3 Page 1 of 1 MOLLOY BROS., INC. ENGINEERING CONTRACTORS 147 of 413 (1) PUBLIC WORKS DEPARTMENT CONTRACT ________________ANNUAL UTILITIES RESTORATION ____________ DESCRIPTION _________________Molloy Bros. Inc. ___________________________ CONTRACTOR _________ Unit Price Contract ______________________________ AMOUNT ______________________January 20, 2016______ ___________________ COMMISSION APPROVAL DATE Item # 9Attachment #4 Page 1 of 186 148 of 413 C-1 CITY OF FORT LAUDERDALE CONSTRUCTION AGREEMENT THIS AGREEMENT made and entered into this 20th day of January, 2016, by and between the City of Fort Lauderdale, a Florida municipal corporation (City) and Molloy Bros. Inc., a Florida corporation (Contractor), (parties); WHEREAS, the City desires to retain a contractor for the Project as expressed in its Invitation to Bid No., 253-11666, Project No., 11905, which was opened on November 24, 2015; and, WHEREAS, the Contractor has expressed its willingness and capability to perform the necessary work to accomplish the Project. NOW, THEREFORE, the City and the Contractor, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, agree as follows: ARTICLE 1 – DEFINITIONS Whenever used in this Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural forms: 1.1 Agreement – This written Agreement between the City and the Contractor covering the work to be performed including other Contract Documents that are attached to or incorporated in the Agreement. 1.2 Application for Payment – The form accepted by the City which is to be used by the Contractor in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents 1.3 Approve – The word approve is defined to mean review of the material, equipment or methods for general compliance with design concepts and with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the City to verify in every detail conformance with plans and specifications. 1.4 Bid – The offer or Bid of the Contractor submitted on the prescribed form setting forth the total prices for the Work to be performed. 1.5 Bid Documents –This Agreement, advertisement for Invitation to Bids, the Instructions to Bidders, the Bid Form (with supplemental affidavits and agreements), the Contract Forms, General Conditions, the Supplementary Conditions, the Specifications, and the Plans, which documents all become an integral part of the Contract Documents. 1.6 Certificate of Substantial Completion - Certificate provided by the City certifying that all Work, excluding the punch list items, has been completed, inspected, and accepted by the City. 1.7 Change Order - A change order is defined as a written order to a contractor approved by the city, authorizing a revision of an underlying agreement between the City and a Item # 9Attachment #4 Page 2 of 186 149 of 413 C-2 contractor that is directly related to the original scope of work or an adjustment in the original contract price or the contract time directly related to the original scope of work, issued on or after the effective date of the contract. 1.8 City – The City of Fort Lauderdale, Florida including but not limited to its employees, agents, officials, representatives, contractors, subcontractors, volunteers, successors and assigns, with whom the Contractor has entered into the Agreement and for whom the Work is to be provided. The Project Manager, or designee, shall be the authorized agent for the City unless otherwise specified. 1.9 Contract Documents – The Contract Documents shall consist of this Agreement, Exhibits to this Agreement, Public Construction Bond, Performance Bond, Payment Bond and Certificates of Insurance, Notice of Award and Notice to Proceed, Task Orders, General Conditions as amended by the Special Conditions, Technical Specifications, Plans/Drawings, Addenda, Bid Form and supplement Affidavits and Agreements, all applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement, Invitation to Bid, Instructions to Bidders and Bid Bond, Contractor’s response to the City’s Invitation to Bid, Schedule of Completion, Schedule of Values, all amendments, modifications and supplements, change orders and work directive changes issued on or after the Effective Date of the Agreement, as well as any additional documents that are required to be submitted under the Agreement. Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Agreement. A copy of all permits shall be given to the City for inclusion in the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. 1.10 Contract Price – The monies payable to the Contractor by the City under the Contract Documents and in accordance with the line item unit prices listed in the Bid. 1.11 Contract Time – The number of calendar days stated in the Agreement for the completion of the Work. The dates on which the work shall be started and shall be completed as stated in the Notice to Proceed and each subsequent Task Order. 1.12 Contractor – The person, firm, company, or corporation with whom the City has entered into the Agreement, including but not limited to its employees, agents, representatives, contractors, subcontractors, their subcontractors and their other successors and assigns. 1.13 Day – A calendar day of twenty-four (24) hours ending at midnight. 1.14 Defective – W hen modifying the word “Work” refers to work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet Item # 9Attachment #4 Page 3 of 186 150 of 413 C-3 the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment. 1.15 Effective Date of the Agreement – The effective date of the agreement shall be the date the Contract is executed by the parties. The Contractor shall provide all required payment and performance bonds and insurances to the City within ten (10) Calendar days following the City Commission approval. Upon verification of all bonds and insurances, the City will issue a written notice to proceed (NTP) to the Contractor. Contract time will commence on the date when the Notice to Proceed is issued. The Contractor shall commence the work immediately upon receipt of the Notice to Proceed. Failure of the contractor to proceed with the W ork agreed upon within each executed Task Order will constitute nonperformance of the Contractor and would be grounds for termination of the contract per ARTICLE 17 of the Agreement. 1.16 Final Completion Date – The date the Task Order Work is completed, including completion of the final punch list, and delivered along with those items specified in the Contract Documents and is accepted by the City. 1.17 Hazardous Materials (HAZMAT) - Any solid, liquid, or gaseous material that is toxic, flammable, radioactive, corrosive, chemically reactive, or unstable upon prolonged storage in quantities that could pose a threat to life, property, or the environment defined in Section 101(14) of Comprehensive Environmental Response, Compensation and Liability Act of 1980 and in 40 CFR 300.6. Also defined by 49 CFR 171.8 as a substance or material designated by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. 1.18 Hazardous Substance - As defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act; any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act; any element, compound, mixture, solution or substance designated pursuant to Section 102 identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act {but not including any waste listed under Section 307[a] of the Clean Water Act}; any hazardous air pollutant listed under Section 112 of the Clean Air Act; and any imminently hazardous chemical substance or mixture pursuant to Section 7 of the Toxic Substances Control Act. The term does not include petroleum, including crude oil or any fraction thereof, which is not otherwise specifically listed or designated as a hazardous substance in the first sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas}. 1.19 Hazardous Waste - Those solid wastes designated by OSHA in accordance with 40 CFR 261 due to the properties of ignitability, corrosivity, reactivity, or toxicity. Any material that is subject to the Hazardous Waste Manifest requirements of the EPA specified in 40 CFR Part 262. 1.20 Holidays - Those designated non-work days as established by the City Commission of the City of Fort Lauderdale. Item # 9Attachment #4 Page 4 of 186 151 of 413 C-4 1.21 Inspection – The term “inspection” and the act of inspecting as used in this Agreement is defined to mean the examination of construction to ensure that it conforms to the design concept expressed in the plans and specifications. This term shall not be construed to mean supervision, superintending and/or overseeing. 1.22 Notice of Award - The written notice by City to the Contractor stating that upon compliance by the Contractor with the conditions precedent enumerated therein, within the time specified that the City will sign and deliver this Agreement. 1.23 Notice to Proceed – A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contract Time will end. Task Orders executed under this Contract will contain set timeframes in which the Task Order work shall be started and completed. 1.24 Plans - The drawings which show the character and scope of the work to be performed and which have been prepared or approved by the City and/or are referred to in the Contract Documents and/or Task Orders. 1.25 Premises (otherwise known as Site or Work Site) – means the land, buildings, facilities, etc. upon which the Work is to be performed. 1.26 Project – The total construction of the Work to be provided as defined in the Contract Documents and each executed Task Order. 1.27 Project Manager - The employee of the City, or other designated individual who is herein referred to as the Project Manager, will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the contract Documents in connection with completion of the Work in accordance with this Agreement. 1.28 Punch List - The City's list of Work yet to be done or be corrected by the Contractor, before the Final Completion date can be determined by the City. 1.29 Record Documents - A complete set of all specifications, drawings, addenda, modifications, shop drawings, submittals and samples annotated to show all changes made during the construction process. 1.30 Record Drawings or "As-Builts" - A set of drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. These documents shall be signed and sealed by a Professional Engineer or a Professional Land Surveyor licensed in the State of Florida and employed by the Contractor at no cost to the City. 1.31 Substantially Completed Date – The Contractor shall submit a written request to the City for an inspection to determine if the Work is substantially complete. If, at the time of inspection, it is determined the project is substantially complete, the City will issue a letter of Substantial Completion along with a punch list of incomplete or deficient items to be completed prior to requesting a Final Completion inspection. Item # 9Attachment #4 Page 5 of 186 152 of 413 C-5 1.32 Task Order – A written agreement between the City and Contractor defining the particular scope of work to be performed under this Contract. When necessary, plans, permits and specifications may be provided by the City to clarify the requirements of the Task Order work. Each Task Order will contain a timeframe in which the work shall be completed in order for the Contractor to avoid being subjected to liquidated damages. 1.33 Work – The entire completed delivered product or the various separately identifiable parts thereof required to be furnished under the Contract Documents and/or Task Order. Work is the result of performing services, furnishing labor and furnishing and incorporating material and equipment into the product, all as required by the Contract Documents. ARTICLE 2 – SCOPE OF WORK 2.1 The Contractor shall complete all work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only part is generally described as follows: ANNUAL UTILITIES RESTORATION ITB 253-11666 PROJECT 11905 2.2 All Work for the Project shall be constructed in accordance with the Drawings and Specifications. The Work generally involves: PROJECT DESCRIPTION The W ork includes repairing gravity sewer mains, related sanitary sewer repairs, limited storm sewer repairs, pressure pipe repairs, and related work as needed at various locations throughout the City and the City’s utility service area. Work will commonly be performed on City roadways and right-of-ways, residential streets, as well as County and State roads. 2.3 Within ten (10) days of the execution of this Agreement, the Contractor shall submit a Construction Schedule, Schedule of Values and a listing of those subcontractors that will be utilized by the Contractor. The general sequence of the work shall be submitted by the Contractor and approved by the City before any work commences. The City reserves the right to issue construction directives necessary to facilitate the Work or to minimize any conflict with current and on-going operations. ARTICLE 3 – PROJECT MANAGER 3.1 The Project Manager is hereby designated by the City as Jean Examond whose address is 100 N. Andrews Avenue, 4th Floor, Fort Lauderdale, FL 33301. The Project Manager will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the Contract Documents in connection with completion of the Work in accordance with this Agreement. Item # 9Attachment #4 Page 6 of 186 153 of 413 C-6 ARTICLE 4 – CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between the City and Contractor are attached to this Agreement, are made a part hereof and consist of the following: 4.1 This Agreement. 4.2 Exhibits to this Agreement [Plans (sheets [ N/A ] to [ N/A ] inclusive)]. 4.3 Public Construction Bond, Performance Bond, Payment Bond and Certificates of Insurance. 4.4 Notice of Award and Notice to Proceed. 4.5 General Conditions as amended by the Special Conditions. 4.6 Technical Specifications. 4.7 Plans/Drawings. 4.8 Addenda number 1 through 2, inclusive. 4.9 Bid Form and supplement Affidavits and Agreements. 4.10 All applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement. 4.11 Invitation to Bid No., 253-11666, Instructions to Bidders and Bid Bond. 4.12 Contractor’s response to the City’s Invitation to Bid No., 253-11666, dated November 23, 2015. 4.13 Schedule of Completion and Schedule of Values. 4.14 All amendments, modifications, supplements, Task Orders, change orders, and work directive changes, issued on or after the Effective Date of the Agreement. 4.15 Any Additional documents that are required to be submitted under the Agreement. 4.16 Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Agreement. A copy of all permits shall be given to the City for inclusion in the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is established: a. Specific written direction from the City Manager (or designee) Item # 9Attachment #4 Page 7 of 186 154 of 413 C-7 b. Approved change orders, addenda or amendments. c. Specifications (quality) and Drawings (location and quantity). d. Supplemental conditions or special terms. e. General Terms and Conditions. f. This Agreement dated January 20, 2015 and any attachments. g. Invitation to Bid No., 253-11666, and the specifications prepared by the City. h. Contractor’s response to the City’s Invitation to Bid No., 253-11666, dated November 23, 2015. i. Schedule of Values. j. Schedule of Completion. If during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, Contractor shall so report to the Project Manager, in writing, within five (5) calendar days, and before proceeding with the Work affected shall obtain a written interpretation or clarification from the City. Any Work that may reasonably be inferred from the specifications or plans as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials, or equipment, such works shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or associations, or to the code of any governmental authority whether such reference be specific or implied, shall mean the latest standard specification, manual or code in effect as of the Effective Date of this Agreement, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the City, the Contractor, or any of their agents or employees from those set forth in the Contract Documents. ARTI CLE 5 – CONTRACT TIME 5.1 The initial contract term shall commence upon the date of award by the City and shall expire two (2) years from that date. The City reserves the right to extend the contract for two (2) additional one (1) year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 5.2 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work on each Task Order shall commence immediately upon the Contractor’s receipt of an executed Task Order. Item # 9Attachment #4 Page 8 of 186 155 of 413 C-8 5.3 The Contractor shall mobilize to the project site and begin construction activities within N/A calendar days of receipt of the executed Task Order or by the specific date noted within the Task Order (whichever applies). 5.4 The Work on each Task Order shall be substantially completed within the timeframe agreed upon and noted in each executed Task Order. 5.5 The Work on each Task Order shall be finally completed on or before the Final Completion Date and ready for final payment in accordance with Final Completion Date agreed upon and noted in each executed Task Order. 5.6 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. ARTICLE 6 – CONTRACT PRICE 6.1 City shall pay Contractor for performance of the Work in accordance with Article 7 based on the value of the executed Task Orders issued for this Contract. 6.2 The parties expressly agree that the Contract Price is a unit price contract, in accordance with those line item unit prices contained in the Contractor’s ITB response and incorporated by reference herein. The quantities of work in the Proposal are a rough approximation only. The total quantities of work to be included in this Contract and actually performed may vary widely depending upon the work that will be authorized by the City through Task Orders, during the period of this Contract. 6.3 The Contract Price constitutes the total compensation payable to Contractor for the cumulative value of each executed Task Order. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor’s expense without change in the Contract price. ARTICLE 7 – PAYMENT PROCEDURES 7.1 Contractor shall submit Applications for Payment, for each executed Task Order, in accordance with the Contract Documents. Applications for Payment will be processed by the City as provided for in the General Conditions. 7.2 Progress Payments. City shall make progress payments on account of the Contract Price on the basis of Contractor’s executed Task Order and corresponding Application for Payment, which shall be submitted by the Contractor between the first (1st) and the tenth (10th) day after the end of each calendar month for which payment is requested, or upon completion of the work of the executed Task Order. All progress payments will be made on the basis of the progress of the Work completed on the executed Task Order. Item # 9Attachment #4 Page 9 of 186 --- 156 of 413 C-9 7.3 Prior to Final Completion of each Task Order, progress payments will be made in an amount equal to ninety percent (90%) of the value of Work completed less in each case the aggregate of payments previously made. 7.4 Final Payment: Upon final completion of the Work under each Task Order, in accordance with the General Conditions, as may be supplemented, the City shall pay Contractor an amount sufficient to increase total payments to one-hundred percent (100%) of the Contract Price. 7.5 The City shall make payment to the Contractor in accordance with the Florida Prompt Payment Act, Section 218.70, Florida Statutes. 7.6 The City shall make payment to the Contractor through utilization of the City’s P-Card Program. The City has implemented a Purchasing Card Program using the VISA network. Purchases made from this Contract shall be made using the City’s Purchasing Card. Contractor will receive payment from the purchasing card in the same manner as other VISA purchases. Accordingly, bidders must presently have the ability to accept VISA or take whatever steps necessary to implement this ability before the start of the contract term, or contract award by the City. The City reserves the right to revise this program in conjunction with implementation of an on-line procurement system. All costs associated with the implementation of this purchasing program shall be borne by the Contractor. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS In order to induce the City to enter into this Agreement, and prior to agreeing to and execution of each Task Order under this Contract, Contractor makes the following representations upon which the City has relied: 8.1 Contractor is qualified in the field of public construction and in particular to perform the Work and services set forth in this Agreement. 8.2 Contractor has visited the Work Site, conduct all necessary extensive tests, examinations and investigations and represent and warrant a thorough familiarization with the nature and extent of the Task Order and associated Contract Documents, the Work, locality, soil conditions, moisture conditions and all year-round local weather and climate conditions (past and present), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor's experts, has determined that no conditions exist that would in any manner affect the Proposed Price and that the project can be completed for the Proposed Price submitted within the Contract Time as defined in each Task Order. Furthermore, Contractor warrants and confirms that he is totally familiar with, understands and obligates Contractor to comply with all federal, state and local laws, ordinances, rules, regulations and all market conditions that affect or may affect the cost and price of materials and labor needed to fulfill all provisions of this Agreement or that in any manner may affect cost, progress or performance of the Work. 8.3 The Contractor has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Project, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, Item # 9Attachment #4 Page 10 of 186 157 of 413 C-10 availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 8.4 The Contractor has also studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Works, and will determine that no conditions exist that would in any manner affect the Proposed Price and that the project can be completed for the Proposed Price submitted and within the timeframe agreed upon within each Task Order. 8.5 Contractor has made or cause to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in Paragraphs 8.2, 8.3 and 8.4 above as it deems necessary for the performance of the Work at the Contract Prices, within the Contract Time of the specified Task Order and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor for such purposes. 8.6 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 8.7 Contractor has given the City written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution by City is acceptable to the Contractor. 8.8 Labor 8.8.1 The Contractor shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. 8.8.1 The Contractor shall, at all times, have a competent superintendent, capable of reading and thoroughly understanding the drawings and specifications, as the Contractor’s agent on the Work, who shall, as the Contractor’s agent, supervise, direct and otherwise conduct the Work. 8.8.2 The Contractor shall designate the superintendent on the job to the City, in writing, immediately after receipt of the Notice to Proceed. The Contractor understands and agrees that the superintendent’s physical presence on the job site is indispensable to the successful completion of the Work. If the superintendent is frequently absent from the job site, the Project Manager may deliver written notice to the Contractor to stop work or terminate the Contract in accordance with Article 17. Item # 9Attachment #4 Page 11 of 186 158 of 413 C-11 8.8.3 The Contractor shall assign personnel to the job site that have successfully completed training programs related to trench safety, confined space and maintenance of traffic. A certified “competent person” shall be assigned to the job site. Personnel certified by the International Municipal Signal Associations with Florida Department of Transportation qualifications are required relative to maintenance of traffic. Failure to pursue the Work with the properly certified supervisory staff may result in notice to stop work or terminate the Contract in accordance with Article 17. 8.9 Materials: 8.9.1 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of Work. 8.9.2 All material and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. Suppliers shall be selected and paid by the Contractor; the City reserves the right to approve all suppliers and materials. 8.10 Work Hours: Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto, and except as otherwise indicated in the Supplementary Conditions, all work at the site shall be performed during regular working hours between 7 a.m. and 6:00 p.m., Monday through Friday. The Contractor will not permit overtime work or the performance of work on Saturday, Sunday or any legal holiday (designated by the City of Fort Lauderdale) without the Project Manager’s written consent at least seventy two (72) hours in advance of starting such work. If the Project Manager permits overtime work, the Contractor shall pay for the additional charges to the City with respect to such overtime work. Such additional charges shall be a subsidiary obligation of the Contractor and no extra payment shall be made to the Contractor for overtime work. It shall be noted that the City’s Inspector work hours are from 8:00 AM to 4:30 PM and any Work requiring inspection oversight being performed outside of this timeframe shall be paid for by the Contractor as Inspector overtime. The cost to the Contractor to reimburse the City for overtime inspection is established at direct-labor and overtime costs for each person or inspector required. Incidental overtime costs for engineering, testing and other related services will also be charged to the Contractor at the actual rate accrued. 8.11 Patent Fee and Royalties: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work, or any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. The Contractor hereby expressly binds himself or itself to indemnify and save harmless the City from all such claims and fees and from any and all suits and action of every name and description that may be brought against City on account of any such claims, fees, royalties, or costs for any such invention or patent, and from any and all suits or actions that may be brought against said City for the infringement of any and all patents or patent rights claimed by any person, firm corporation or other entity. Item # 9Attachment #4 Page 12 of 186 159 of 413 C-12 8.12 Permits: The Contractor shall obtain and pay for all permits and licenses. There shall be no allowance for Contractor markup, overhead or profit for permits and licenses. The Contractor shall pay all government charges which are applicable at the time of opening of proposals. It shall be the responsibility of the Contractor to secure and pay for all necessary licenses and permits of a temporary nature necessary for the prosecution of Work. 8.13 Law and Regulations: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the specifications or plans are in conflict, the Contractor shall give the Project Manager prompt written notice thereof within five (5) calendar days. If the Contractor performs any work knowing or having reason to know that it is contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager, the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor’s primary responsibility to make certain that the specifications and plans are in accordance with such laws, ordinances, rules and regulations. 8.14 Taxes: The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the laws of the City of Fort Lauderdale, County of Broward, State of Florida. 8.15 Contractor Use of Premises: The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits and/or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall not enter upon private property for any purpose without first securing the permission of the property owner in writing and furnishing the Project Manager with a copy of said permission. This requirement will be strictly enforced, particularly with regard to such vacant properties as may be utilized for storage or staging by the Contractor. The Contractor shall conduct its work in such a manner as to avoid damage to adjacent private or public property. Any damage to existing structures of work of any kind, including permanent reference markers or property corner markers, or the interruption of a utility service, shall be repaired or restored promptly at no expense to the City or property owner. The Contractor will preserve and protect all existing vegetation such as trees, shrubs and grass on or adjacent to the site which does not reasonably interfere with the construction, as determined by the Project Manager. The Contractor will be responsible for repairing or replacing any trees, shrubs, lawns and landscaping that may be damaged due to careless operation of equipment, stockpiling of materials, tracking of grass by equipment or other construction activity. The Contractor will be liable for, or will be required to replace or restore at no expense to the City all vegetation not protected or preserved as may be required that is destroyed or damaged. During the progress of the Work, the Contractor shall keep the premises free from accumulation of waste materials, rubbish and debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and Item # 9Attachment #4 Page 13 of 186 160 of 413 C-13 debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials and shall leave the site clean and ready for occupancy by the City. The Contractor shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents at no cost to the City. 8.16 Project Coordination: The Contractor shall provide for the complete coordination of the construction effort. This shall include, but not necessarily be limited to, coordination of the following: 8.16.1 Flow of material and equipment from suppliers. 8.16.2 The interrelated work with affected utility companies. 8.16.3 The interrelated work with the City where tie-ins to existing facilities are required. 8.16.4 The effort of independent testing agencies. 8.16.5 Notice to affected property owners as may be directed by the Project Manager. 8.16.6 Coordination with and scheduling of all required inspections from all permitting agencies. 8.17 Project Record Documents and As-Builts (Record Drawings): Contractor shall be responsible for maintaining up to date redline as-built drawings, on site, at all times during construction. All as-built information shall be surveyed and verified by a professional land surveyor registered in the State of Florida. Contractor shall provide the City with a minimum of three (3) sets of signed and sealed record drawings (Final As-builts) and a CD of the electronic drawing files created in AutoCAD 2014 or later. All costs associated with survey work required for construction layout and as-built preparation shall be the responsibility of the Contractor. 8.18 Safety and Protection: 8.18.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 8.18.1.1 All employees working on the project and other persons who may be affected thereby. 8.18.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site. 8.18.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 8.18.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when execution of the Work may affect them at least seventy two (72) hours in advance (unless otherwise required). All damage, injury or loss to any property Item # 9Attachment #4 Page 14 of 186 161 of 413 C-14 caused, directly or indirectly, in whole or in part by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. The Contractor’s duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and accepted by the City. 8.19 Emergencies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the City, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Project Manager prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. 8.20 Risk of Loss: The risk of loss, injury or destruction shall be on the Contractor until acceptance of the Work by the City. Title to the Work shall pass to the City upon acceptance of the Work by the City. 8.21 Environmental: The Contractor has fully inspected the Premises and agrees, except as to the presence of any asbestos, to accept the Premises in an “as is” physical condition, without representation or warranty by the City of any kind, including, without limitation, any and all existing environmental claims or obligations that may arise from the presence of any “contamination” on, in or about the Premises. Further, Contractor and all entitles claiming by, through or under the Contractor, releases and discharges the City, from any claim, demand, or cause of action arising out of or relating to the Contractor’s use, handling, storage, release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of any hazardous substances including asbestos on, under, from or about the Premises. The Contractor shall have no liability for any pre-existing claims or “contamination” on the Premises. The Contractor shall not use, handle, store, discharge, treat, remove, transport, or dispose of Hazardous Substances including asbestos at, in, upon, under, to or from the Premises until receipt of instructions from the City. At such time, a City approved Change Order, which shall not include any profit, shall authorize the Contractor to perform such services. The Contractor shall immediately deliver to the Project Manager complete copies of all notices, demands, or other communications received by the Contractor from any governmental or quasi-governmental authority or any insurance company or board of fire underwriters or like or similar entities regarding in any way alleged violations or potential violations of any Environmental Law or otherwise asserting the existence or potential existence of any condition or activity on the Premises which is or could be dangerous to life, limb, property, or the environment. For other and additional consideration, the Contractor hereby agrees, at its sole cost and expense, to indemnify and protect, defend, and hold harmless the City and its respective employees, agents, officials, officers, representatives, contractors and subcontractors, successors, and assigns (hereafter the “City”) from and against any and all claims, demands, losses, damages, costs, expenses, including but not limited to mitigation, restoration, and natural restoration expenses, liabilities, assessments, Item # 9Attachment #4 Page 15 of 186 162 of 413 C-15 fines, penalties charges, administrative and judicial proceedings and orders, judgments, causes of action, in law or in equity, remedial action requirements and/or enforcement actions of any kind (including, without limitation, attorneys’ fees and costs) directly or indirectly arising out of or attributable to, in whole or in part, the Contractor’s use, handling, storage, release, threatened release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of a Hazardous Substance (excluding asbestos) on, under, from, to or about the Premises or any other activity carried on or undertaken on or off the Premises by the Contractor or its employees, agents or subcontractors, in connection with the use, handling, storage, release, threatened release, discharge, treatment, mitigation, natural resource restoration, removal, transport, decontamination, cleanup, disposal and/or presence or any Hazardous Substance including asbestos located, transported, or present on, undue, from, to, or about the Premises. This indemnity is intended to be operable under 42 U.S.C. sections 9607, as amended, and any successor section. The scope of the indemnity obligations includes, but is not limited to: (a) all consequential damages; (b) the cost of any required or necessary repair, cleanup, or detoxification of the applicable real estate and the preparation and implementation of any closure, remedial or other required plan, including without limitation; (i) the costs of removal or remedial action incurred by the United States government or the State of Florida or response costs incurred by any other person, or damages from injury to destruction of, or loss of, natural resources, including the cost of assessing such injury, destruction, or loss, incurred pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended; (ii) the clean-up costs, fines, damages, or penalties incurred pursuant to any applicable provisions of Florida law; and (iii) the cost and expenses of abatement, correction or cleanup, fines, damages, response costs, or penalties which arise from the provisions of any other statute, law, regulation, code ordinance, or legal requirement state or federal; and (c) liability for personal injury or property damage arising under any statutory or common law tort theory, including damages assessed for the maintenance of a public private nuisance, response costs, or for the carrying on of an abnormally dangerous activity. 8.22 No Damages for Delay: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any other reason or allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. 8.23 No Liens: If any Subcontractor, supplier, laborer, or materialmen of Contractor or any other person directly or indirectly acting for or through Contractor files or attempts to file a mechanic’s or construction lien against the real property on which the work is performed or any part or against any personal property or improvements or claim Item # 9Attachment #4 Page 16 of 186 163 of 413 C-16 against any monies due or to become due from the City to Contractor or from Contractor to a Subcontractor, for or on account of any work, labor, services, material, equipment, or other items furnished in connection with the Work or any Change Order, Contractor agrees to satisfy, remove, or discharge such lien or claim at its own expense by bond, payment, or otherwise within twenty (20) days of the filing or from receipt of written notice from the City. Additionally, until such time as such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor, or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining such. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation, include attorney’s fees, litigation costs, fees and expenses and all court costs and assessments. 8.24 Weather Emergencies: Upon issuance of a Hurricane Watch by the National Weather Service, the Contractor shall submit to the City a plan to secure the work area in the event a Hurricane Warning is issued. The plan shall detail how the Contractor will secure the Premises, equipment and materials in a manner as to prevent damage to the Work and prevent materials and equipment from becoming a hazard to persons and property on and around the Premises. The plan shall include a time schedule required to accomplish the hurricane preparations and a list of emergency contacts that will be available and in the City before, during and immediately after the storm. Upon issuance of a Hurricane Warning by the National Weather Service, if the Contractor has not already done so, the Contractor shall implement its hurricane preparedness plan. Cost of development and implementation of the hurricane preparedness plan shall be considered as incidental to construction. Cost of any clean up and rework required after the storm will be considered normal construction risk within Florida and shall not entitle the Contractor to any additional compensation. Contractor shall be entitled to request an extension in time for completion of the Work, in accordance with the provisions of Article 15 of this Agreement, equal to the time it is shut down for implementation of the preparedness plan, the duration of the storm and a reasonable period to restore the Premises. 8.25 Force Majeure: No Party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of the other party or that could not have been reasonably foreseen and prevented. For this purposes, such acts or circumstances shall include, but not be limited to weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties arising therefrom and to resume the Work as soon as reasonably possible with the normal pursuit of the Work. Item # 9Attachment #4 Page 17 of 186 164 of 413 C-17 Inclement weather, continuous rain for less than three (3) days or the acts or omissions of subcontractors, third-party contractors, materialmen, suppliers, or their subcontractors, shall not be considered acts of force majeure. No Party shall be liable for its failure to carry out its obligations under the Agreement during a period when such Party is rendered unable by force majeure to carry out its obligation, but the obligation of the Party or Parties relying on such force majeure shall be suspended only during the continuance of the inability and for no longer period than the unexpected or uncontrollable event. The Contractor further agrees and stipulates, that its right to excuse its failure to perform by reason of force majeure shall be conditioned upon giving written notice of its assertion that a Force Majeure delay has commenced within 96 hours after such an occurrence. The CONTRACTOR shall use its reasonable efforts to minimize such delays. The CONTRACTOR shall promptly provide an estimate of the anticipated additional time required to complete the Project. 8.26 Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assisted Contracts: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Additionally, the contractor assures that it, the sub recipient or its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. (This additional language must be included in each subcontract the prime contractor signs with a subcontractor.) ARTICLE 9 – CITY’S RESPONSIBILITIES 9.1 The City shall furnish the data required of the City under the Contract Documents promptly and shall make payments to the Contractor promptly after they are due as provided in Article 7. 9.2 The City’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in the Contract Documents. Item # 9Attachment #4 Page 18 of 186 165 of 413 C-18 9.3 Technical Clarifications and Interpretations: 9.3.1 The City shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents as it may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Should the Contractor fail to request interpretation of questionable items in the Contract Documents, the City shall not entertain any excuse for failure to execute the Work in a satisfactory manner. 9.3.2 The City shall interpret and decide matters concerning performance under the requirements of the Contract Documents, and shall make decisions on all claims, disputes or other matters in question. Written notice of each claim, dispute or other matter will be delivered by claimant to the other Party but in no event later than five (5) days after the occurrence of event, and written supporting date will be submitted to the other Party within five (5) days after such occurrence. All written decisions of the City on any claim or dispute will be final and binding. 9.4 The Contractor shall perform all Work to the reasonable satisfaction of the City in accordance with the Contract Documents. In cases of disagreement or ambiguity, the City shall decide all questions, difficulties, and disputes of whatever nature, which may arise under or by reason of this Agreement or the quality, amount and value of the Work, and the City’s decisions on all claims, questions and determination are final. ARTICLE 10 – BONDS AND INSURANCE 10.1 Public Construction and Other Bonds: The Contractor shall furnish Public Construction or Performance and Payment Bonds (“Bond”), in an amount equal to 100% of the value of each Task Order issued as security for the faithful performance and payment of all the Contractor’s obligations under the Contract Documents. These Bonds shall remain in effect until at least one (1) year after the date of final payment, except as otherwise provided by law. All Bonds shall be furnished and provided by the surety and shall be in substantially the same form as prescribed by the Contract Documents and be executed by such sureties as (i) are licensed to conduct business in the State of Florida, and (ii) are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department and (iii) otherwise meet the requirements set forth herein that apply to sureties. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 10.1.1 Performance Bond: A Corporate Surety Bond legally issued, meeting the approval of, and running to the City in an amount not less than the Contract Price of such improvements, conditioned that the Contractor shall maintain and make all repairs to the improvements constructed by the Contractor at their own expense and free of charge to the City, for the period of one (1) year after the date of acceptance of the Work within such period by reason of any imperfection of the material used or by reason of any defective workmanship, or any improper, imperfect or defective preparation of the base upon which any such improvement shall be laid. Item # 9Attachment #4 Page 19 of 186 166 of 413 C-19 The Contractor shall execute and record in the public records of Broward County, Florida, a payment and performance bond in an amount at least equal to the Contract Price with a surety insurer authorized to do business in the State of Florida as surety, (“Bond”), in accordance with Section 255.05, Florida Statutes (2014), as may be amended or revised, as security for the faithful performance and payment of all of the Contractor’s obligations under the Contract Documents. 10.2 Disqualification of Surety: If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of clauses (i) and (ii) of Paragraph 10.1, the Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. 10.3 Insurance 10.3.1 Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder’s Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers’ Compensation Insurance, Employer’s Liability Insurance, and Umbrella/Excess Liability, as stated below, as well as Professional Liability insurance in the amount of $1,000,000 per claim for any Architectural and or Engineering requirements associated with the fulfillment of any Task Order if required. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. A Sample Insurance Certificate shall be included with the proposal to demonstrate the firm’s ability to comply with insurance requirements. Provide a previous certificate or other evidence listing the insurance companies’ names for all required coverage, and the dollar amounts of the coverage. A. The City is required to be named as additional insured on the Commercial General Liability insurance policy. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for the work contemplated in this Agreement shall be deemed unacceptable, and shall be considered a breach of contract. B. The Contractor shall provide the City an original Certificate of Insurance for policies required by Article 10. All certificates shall state that the City shall be given ten (10) days’ notice prior to expiration or cancellation of the policy. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Finance Item # 9Attachment #4 Page 20 of 186 167 of 413 C-20 Department. Such policies shall: (1) name the insurance company or companies affording coverage acceptable to the City, (2) state the effective and expiration dates of the policies, (3) include special endorsements where necessary. Such policies provided under Article 10 shall not be affected by any other policy of insurance, which the City may carry in its own name. C. Contractor shall, as a condition precedent of this Agreement, furnish to the City of Fort Lauderdale, c/o Project Manager, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of Insurance upon execution of this Agreement, which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 10.3.2 Property Insurance (Builder’s Risk): The Contractor shall purchase and maintain property insurance upon the Work at or off the site of 100% of the contract completed value. These policies shall insure the interest of the owner, contractor and subcontractors in the Work, and shall insure against “all risks” of physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage. All such insurance required by this paragraph shall remain in effect until the Work is completed and accepted by the City. 10.3.3 Commercial General Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit Each Occurrence $1,000,000 Project Aggregate $1,000,000 General Aggregate $2,000,000 Personal Injury $1,000,000 Products/Completed Operations $1,000,000 B. Endorsements Required: City of Fort Lauderdale included as an Additional Insured Broad Form Contractual Liability Waiver of Subrogation Premises/Operations Products/Completed Operations Independent Contractors Owners and Contractors Protective Liability Contractors Pollution Liability Item # 9Attachment #4 Page 21 of 186 168 of 413 C-21 10.3.4 Business Automobile Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit All Autos used in completing the contract Including Hired, Borrowed or Non-Owned Autos Any One Accident $1,000,000 B. Endorsements Required: Waiver of Subrogation 10.3.5 Workers’ Compensation and Employer’s Liability Insurance Limits: Workers’ Compensation – Per Florida Statute 440 Employers’ Liability - $500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers’ Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Law. Contractor must be in compliance with all applicable State and Federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act or Jones Act. 10.3.6 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess coverage with limits of no less than $2,000,000 excess of Commercial General Liability, Automobile Liability and Employer’s Liability. 10.3.7 All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Contractor’s insurance must be provided by an A.M. Best’s “A-“ rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City’s Risk Manager. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for work contemplated in this project shall be deemed unacceptable, and shall be considered breach of contract. NOTE: CITY PROJECT NUMBER MUST APPEAR ON EACH CERTIFICATE. A Sample Insurance Certificate shall be included with the proposal to demonstrate the firm’s ability to comply with insurance requirements. Provide a previous certificate or other evidence listing the insurance companies’ names for all required coverage, and the dollar amounts of the coverage. Compliance with the foregoing requirements shall not relieve the Contractor of their liability and obligation under this section or under any other section of this Agreement. Item # 9Attachment #4 Page 22 of 186 169 of 413 C-22 The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the Project. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates that cover the contractual period, the City shall: A. Suspend the Agreement until such time as the new or renewed certificates are received by the City. B. The City may, at its sole discretion, terminate the Agreement for cause and seek damages from the Contractor in conjunction with the violation of the terms and conditions of the Agreement. ARTICLE 11- WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.1 Warranty: The Contractor warrants and guarantees to the City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to the Contractor. All defective work, whether or not in place, may be rejected, corrected or accepted as provided in this Article. 11.1.1 Warranty of Title: The Contractor warrants to the City that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens, claims or encumbrances against the equipment and materials. 11.1.2 Warranty of Specifications: The Contractor warrants that all equipment, materials and workmanship furnished, whether furnished by the Contractor, its subcontractors or suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a workmanlike manner. 11.1.3 Warranty of Merchantability: The Contractor warrants that any and all equipment to be supplied pursuant to this Agreement is merchantable, free from defects, whether patent or latent in material or workmanship, and fit for the ordinary purposes for which it is intended. 11.2 Tests and Inspections: Contractor shall retain the services of an independent, certified, testing lab to perform all testing as required by the specifications, Contract drawings, and any applicable permitting agency. Contractor shall provide evidence of certification to the City before the work and testing is done. Testing results shall be submitted to the Engineer for review and approval at the time the results are provided to the Contractor. The Contractor shall give the Project Manager and City Inspector a minimum of 24hrs advance notice of readiness of the Work for all required inspections, tests, or approvals and shall notify all applicable permitting agencies in a timely manner based on requirements set forth in the permit documents. Item # 9Attachment #4 Page 23 of 186 170 of 413 Rev. 10/1/2015 C-23 11.2.1 Neither observations by the Project Manager nor inspections, tests or approvals by others shall relieve the Contractor from its obligations to perform the Work in accordance with the Contract Documents. 11.3 Uncovering Work: If any work that is to be inspected, tested or approved is covered without approval or consent of the Project Manager, it must, if requested by the Project Manager, be uncovered for observation and/or testing. Such uncovering and replacement shall be at the Contractor’s sole expense unless the Contractor has given the Project Manager timely notice of the Contractor’s intention to cover such Work and the Project Manager has not acted with reasonable promptness in response to such notice. 11.3.1 If the Project Manager considers it necessary or advisable that Work covered in accordance with Section 11.2 be observed by the City or inspected or tested by others, the Contractor at the City’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection testing and reconstruction if he makes a claim therefore as provided in Articles 14 and 15. 11.4 City May Stop the Work: If the Work is defective, or the Contractor fails to supply sufficient skilled supervisory personnel or workmen or suitable materials or equipment or the work area is deemed unsafe, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. The City will not award any increase in Contract Price or Contract Time if the Work is stopped due to the circumstances described herein. 11.5 Correction or Removal of Defective Work Before Final Payment: If required by the Project Manager, the Contractor shall promptly, without cost to the City and as Specified by the Project Manager, either correct any defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by the City remove it from the site and replace it with non-defective Work. 11.6 One Year Correction Period After Final Payment: If, within one (1) year after the date of final acceptance of work on each Task Order, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City’s written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with non-defective Work. Item # 9Attachment #4 Page 24 of 186 171 of 413 C-24 If The Contractor does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs for such removal and replacement, including compensation for additional professional services, shall be paid by the Contractor. 11.7 Acceptance of Defective Work, Deductions: If, instead of requiring correction or removal and replacement of defective Work, the City, at the City’s sole option, prefers to accept it, the City may do so. In such a case, if acceptance occurs prior to the Project Manager’s recommendation of final payments, a Change Order shall be issued incorporating the necessary revisions in the Contracts Documents, including appropriate reduction in the Contract Price; or if the acceptance occurs after such recommendation, an appropriate amount shall be paid by the Contractor to the City. 11.8 City May Correct Defective Work: If the Contractor fails within a reasonable time after written notice of the Project Manager to proceed to correct defective Work or to remove and replace rejected Work as required by the Project Manager in accordance with Paragraph 11.5, or if the Contractor fails to perform the Work in accordance with the Contract Documents, the City may, after seven (7) days written notice to the Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, the City shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, suspend the Contractor’s services related thereto and take possession of the Contractor’s tools, construction equipment and materials stored at the site or elsewhere. The Contractor shall allow the City’s representative agents and employees such access to the site as may be necessary to enable the City to exercise its rights under this paragraph. All direct and indirect costs of the City in exercising such rights shall be charged against the Contractor in an amount verified by the Project Manager, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor’s defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City’s right hereunder. ARTICLE 12 – INDEMNIFICATION 12.1 Disclaimer of Liability: The City shall not at any time, be liable for injury or damage occurring to any person or property from any cause, whatsoever, arising out of Contractor’s construction and fulfillment of this Agreement. 12.2 Indemnification: For other, additional good valuable consideration, the receipt and sufficiency of which is hereby acknowledged: 12.2.1 Contractor shall, at its sole cost and expense, indemnify and hold harmless the City, its representatives, employees and elected and appointed officials from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including but not limited to fees and charges of Item # 9Attachment #4 Page 25 of 186 172 of 413 Rev. 10/1/2015 C-25 engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include but not be limited to claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the project and Work of this Agreement; (b) any act, omission or default of the Contractor, its subcontractors, agents, suppliers, employees, or laborers; (c) any and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible property, including any resulting loss of use; (e) other such damages, liabilities, or losses received or sustained by any person or persons during or on account of any operations connected with the construction of this Project including the warranty period; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the work; (i) the violation of any federal, state, county or city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; (j) the breach or alleged breach by Contractor of any term of the Agreement, including the breach or alleged breach of any warranty or guarantee. 12.2.2 Contractor agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. 12.2.3 Contractor shall pay all claims, losses, liens, settlements or judgments of any nature in connection with the foregoing indemnifications including, but not limited to, reasonable attorney’s fees and costs for trials and appeals. 12.2.4 If any Subcontractor, supplier, laborer, or materialmen of Contractor or any other person directly or indirectly acting for or through Contractor files or attempts to file a mechanic’s or construction lien against the real property on which the work is performed or any part or against any personal property or improvements thereon or make a claim against any monies due or to become due from the City to Contractor or from Contractor to a Subcontractor, for or on account of any work, labor, services, material, equipment, or other items furnished in connection with the Work or any change order, Contractor agrees to satisfy, remove, or discharge such lien or claim at its own expense by bond, payment, or otherwise within five (5) days of the filing or from receipt of written notice from the City. Additionally, until such time as such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor, or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining the discharge. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, Item # 9Attachment #4 Page 26 of 186 173 of 413 C-26 to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation, include attorney’s fees, litigation costs, fees and expenses and all court costs and assessments, and which shall be deducted from any amount owing to Contractor. In the event the amount due Contractor is less than the amount required to satisfy Contractor’s obligation under this, or any other article, paragraph or section of this Agreement, the Contractor shall be liable for the deficiency due the City. 12.2.5 The Contractor and the City agree that Section 725.06(2), Florida Statutes controls the extent and limits of the indemnification and hold harmless provisions of this Agreement, if any, and that the parties waive any defects in the wording of this Article that runs afoul of said statutory section. ARTICLE 13 – CHANGES IN THE WORK 13.1 Without invalidating this Agreement, the City may, from time to time order additions, deletions or revisions in the Work through the issuance Task Order Amendments. Upon receipt of a Task Order Amendment, the Contractor shall proceed with the Work involved. All Work shall be executed under the applicable conditions of the Contract Documents. 13.2 The Project Manager may authorize minor changes in the work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. Such changes must be in writing and signed by the City and the Contractor. 13.3 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be the Contractor’s responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. ARTICLE 14 – CHANGE OF CONTRACT PRICE Contract Price shall not exceed that which is agreed to in this Agreement. Any increase to the Contract Price shall be executed through an Amendment to this agreement and approved by the City Commission. 14.1 Time for the City to Approve Contract Amendment: Should the cumulative amount of the executed Task Orders exceed the Contract Price, a Contract Amendment must be approved by the City Commission authorizing additional funding for this Contract. 14.2 Should the cumulative amount of the executed task orders exceed the Contract Price, a Contract Amendment must be approved by the City Commission authorizing additional funding for this Contract. Item # 9Attachment #4 Page 27 of 186 174 of 413 C-27 ARTICLE 15 – CHANGE OF THE CONTRACT TIME 15.1 The Contract Time shall be for two (2) years from the date of Commission award subject to two (2) one year renewal terms. 15.2 All time limits stated in the Contract Documents and within each executed Task Order are of the essence. The provisions of this Article 15 shall not exclude recovery for damages for delay by the Contractor. 15.3 Delays caused by or resulting from entities, contractors or subcontractors who are not affiliated with the CONTRACTOR (non-affiliated Contractors) shall not give rise to a claim by the CONTRACTOR for damages for increases in material and/or labor costs. Such entities, contractors and subcontractors include, but are not limited to, the City's contractors and subcontractors, Florida Power and Light Company, AT&T and Florida East Coast Railway, LLC. 15.4 Rights of Various Interests: Whenever work being done by City’s forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Project Manager to secure the completion of the various portions of the work in general harmony. ARTICLE 16 – LIQUIDATED DAMAGES 16.1 Upon failure of the Contractor to complete the Work of an executed Task Order within the agreed upon and approved time for said Task Order, the Contractor shall pay to the City the sum of Three Hundred Dollars ($300.00) for each and every calendar day that the completion of the Task Order is delayed beyond the time agreed upon for said Task Order, as fixed and agreed liquidated damages and not as a penalty, so long as the delay is caused by the Contractor. Should an act of God or the acts or omissions of the City, its agents or representatives, in derogation to the terms of this Agreement cause the delay, the Contractor shall not be responsible for the delay nor liquidated damages. Liquidated damages are fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of damages and the cost and effect of the failure of the Contractor to complete the Work on time. Liquidated damages shall apply separately to each Task Order for which a time of completion is given. The City shall have the right to deduct from or retain any compensation which may be due or which may become due and payable to the Contractor the amount of liquidated damages, and if the amount retained by the City is insufficient to pay in full such liquidated damages, the Contractor shall pay all liquidated damages in full. The Contractor shall be responsible for reimbursing the City, in addition to liquidated damages or other damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the Project beyond the completion date specified or beyond an approved extension of time granted to the Contractor whichever is later. Delays caused by or resulting from entities, contractors or subcontractors who are not Item # 9Attachment #4 Page 28 of 186 175 of 413 C-28 affiliated with the Contractor shall not give rise to a claim by Contractor for damages for increase in material and/or labor costs. Such entities, contractors and subcontractors include, but are not limited to, the City's contractors and subcontractors, Florida Power and Light Company, AT&T, and Florida East Coast Railway, LLC. 16.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. ARTICLE 17 – SUSPENSION OF WORK AND TERMINATION 17.1 City May Suspend Work: The City may, at any time and without cause, suspend the Work or any portion of the Work for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. The Contractor shall resume the Work on the date fixed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, if the Contractor makes a claim as provided in Articles 14 and 15. 17.2 City May Terminate Work: The City retains the right to terminate this Agreement as well as any task order, with thirty (30) days prior written notice. Additionally, the City may also terminate this Agreement as well as any task order upon 15 days’ notice upon the occurrence of any one or more of the following events: 17.2.1 If the Contractor commences a voluntary case or a petition is filed against the Contractor, under any chapter of the Bankruptcy Code, or if the Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 17.2.2 If the Contractor makes a general assignment for the benefit of creditors. 17.2.3 If a trustee, receiver, custodian or agent of the Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of the Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of the Contractor’s creditors. Item # 9Attachment #4 Page 29 of 186 176 of 413 Rev. 10/1/2015 C-29 17.2.4 If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Project Manager may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. 17.2.5 If the Contractor repeatedly fails to make prompt payments to subcontractors or for labor, material or equipment. 17.2.6 If the Contractor repeatedly disregards proper safety procedures. 17.2.7 If the Contractor disregards any local, state or federal laws or regulations. 17.2.8 If the Contactor otherwise violates any provisions of this Agreement. 17.3 If Contractor, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, the City may exclude the Contractor from the Work site and take the prosecution of the Work out of the hands of the Contractor, and take possession of the Work and all of the Contractor’s tools, appliances, construction equipment and machinery at the site and use them without liability to the City for trespass or conversion, incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. In this instance, the Contractor shall not be entitled to receive any further compensation until the Work is finished. 17.3.1 If after notice of termination of Contractor’s right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 17.5 below. 17.3.2 Upon receipt of Notice of Termination pursuant to Sections 17.2 or 17.5, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 17.4 If the Contractor commits a default due to its insolvency or bankruptcy, the following shall apply: 17.4.1 Should this Agreement be entered into and fully executed by the parties, funds released and the Contractor (Debtor) files for bankruptcy, the following shall occur: Item # 9Attachment #4 Page 30 of 186 177 of 413 C-30 17.4.1.1 In the event the Contactor files a voluntary petition under 11 U.S.C. 301 or 302, or an order for relief is entered under 11 U.S.C. 303, the Contractor shall acknowledge the extent, validity, and priority of the lien recorded in favor of the City. The Contractor further agrees that in the event of this default, the City shall, at its option, be entitled to seek relief from the automatic stay pursuant to 11 U.S.C. 362. The City shall be entitled to relief from the automatic stay pursuant to 11 U.S.C. 362(d) (1) or (d) (2), and the Contactor agrees to waive the notice provisions in effect pursuant to 11 U.S.C. 362 and any applicable Local Rules of the United States Bankruptcy Court. The Contactor acknowledges that such waiver is done knowingly and voluntarily. 17.4.1.2 Alternatively, in the event the City does not seek stay relief, or if stay relief is denied, the City shall be entitled to monthly adequate protection payments within the meaning of 11 U.S.C. 361. The monthly adequate protection payments shall each be in an amount determined in accordance with the Note and Mortgage executed by the Contractor in favor of the City. 17.4.1.3 In the event the Contractor files for bankruptcy under Chapter 13 of Title 11, United States Code in additional to the foregoing provisions, the Contractor agrees to cure any amounts in arrears over a period not to exceed twenty-four (24) months from the date of the confirmation order, and such payments shall be made in addition to the regular monthly payments required by the Note and mortgage. Additionally, the Contractor shall agree that the City is over secured and, therefore, entitled to interest and attorney’s fees pursuant to 11 U.S.C. 506(b). Such fees shall be allowed and payable as an administrative expense. Further, in the event the Contractor has less than five (5) years of payments remaining on the Note, the Contractor agrees that the treatment afforded to the claim of the City under any confirmed plan of reorganization shall provide that the remaining payments shall be satisfied in accordance with the Note, and that the remaining payments or claim shall not be extended or amortized over a longer period than the time remaining under the Note. 17.4.2 Should this Agreement be entered into and fully executed by the parties, and the funds have not been forwarded to Contractor, the following shall occur: 17.4.2.1 In the event the Contractor files a voluntary petition pursuant to 11 U.S.C. 301 or 302, or an order for relief is entered under 11 U.S.C. 303., the Contractor acknowledges that the commencement of a bankruptcy proceeding constitutes an event of default under the terms of this Agreement. Further, the Contractor acknowledges that this Agreement constitutes an executory contract within the meaning of 11 U.S.C. 365. The Contractor acknowledges that this Agreement is not capable of being assumed pursuant to 11 U.S.C. 365(c)(2), unless the City expressly consents in writing to the assumption. In the event the City consents to the assumption, the Contractor agrees to file a motion to assume this Agreement within ten (10) days after receipt of written Item # 9Attachment #4 Page 31 of 186 178 of 413 Rev. 10/1/2015 C-31 consent from the City, regardless of whether the bankruptcy proceeding is pending under Chapter 7, 11, or 13 of Title 11 of the United States Code. The Contractor further acknowledges that this Agreement is not capable of being assigned pursuant to 11 U.S.C. 365(b)(1). 17.5 Termination for Convenience: This Contract may be terminated for convenience in writing by City upon thirty (30) days written notice to Contractor (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 17.6 Where the Contractor’s service has so been terminated by the City, the termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 17.7 The Contractor has no right, authority or ability to terminate the Work except for the wrongful withholding of any payments due the Contractor from the City. ARTICLE 18 – DISPUTE RESOLUTION 18.1 Resolution of Disputes: Questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Agreement as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents which cannot be resolved by mutual agreement of Contract Administrator and Contractor shall be submitted to the Consultant for resolution. When either party has determined that a disputed question, claim, difficulty or dispute is at an impasse, that party shall notify the other party in writing and submit the question, claim, difficulty or dispute to the Consultant for resolution. The parties may agree to a proposed resolution at any time without the involvement and determination of the Consultant. 18.1.1 Consultant shall notify Contract Administrator and Contractor in writing of Consultant’s decision within twenty-one (21) calendar days from the date of the submission of the question, claim, difficulty or dispute, unless Consultant requires time to gather information or allow the parties to provide additional information. 18.1.2 In the event the determination of a dispute by the Consultant under this Article is unacceptable to any of the parties hereto, the party objecting to the determination must notify the other party and the City Manager, in writing within ten (10) days after receipt of the determination. The notice must state the basis of the objection and the proposed resolution. Final resolution of such Item # 9Attachment #4 Page 32 of 186 179 of 413 C-32 dispute shall be made by the City Manager. The City Manager’s decision shall be final and binding on the parties. 18.1.3 All non-technical administrative disputes (such as billing and payment) shall be determined by Contract Administrator. 18.1.4 During the pendency of any dispute and after a determination thereof, Contractor, Consultant, and Contract Administrator shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. During the pendency of any dispute arising under this Agreement, other than termination herein, Contractor shall carry on the Work and adhere to the progress schedule. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 18.1.5 For any disputes which remain unsolved, within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all unresolved disputes. A mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies under applicable law. If a party objecting to a determination, fails to comply in strict accordance with the requirements of this Article, said party specifically waives all of its rights provided hereunder, including its rights and remedies under applicable law. ARTICLE 19 – NOTICES 19.1 All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail, return receipt requested to the following: To the City: City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 with copies to: Project Manager and City Attorney City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 To the Contractor: Molloy Bros. Inc. 800 NW 27th Avenue Fort Lauderdale, FL 33311 Item # 9Attachment #4 Page 33 of 186 180 of 413 C-33 ARTICLE 20 – LIMITATION OF LIABILITY 20.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on the City’s liability for any cause of action arising out of this Agreement, so that the City’s liability for any breach never exceeds the sum of $1,000. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor expresses its willingness to enter into this Agreement with the knowledge that the Contractor’s recovery from the City to any action or claim arising from the Agreement is limited to a maximum amount of $1,000, which amount shall be reduced by the amount actually paid by the City to the Contractor pursuant to this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended either to be a waiver of the limitation placed upon the City’s liability as set forth in Section 768.28, Florida Statutes, or to extend the City’s liability beyond the limits established in said Section 768.28; and no claim or award against the City shall include attorney’s fees, investigative costs, expert fees, suit costs or pre-judgment interest. 20.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. ARTICLE 21 – GOVERNING LAW 21.1 This Agreement shall be governed by the laws of the State of Florida. Both Parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this Agreement. Venue for any claim, objection or dispute arising out of this Agreement shall be in Broward County, Florida. By entering into this contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. ARTICLE 22 – MISCELLANEOUS 22.1 The duties and obligations imposed by this Agreement and the rights and remedies available to the parties and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City, are in addition to, and are not to be construed in any Item # 9Attachment #4 Page 34 of 186 181 of 413 C-34 way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents, and the provisions of this Paragraph will survive final payment and termination or completion of this Agreement. 22.2 The Contractor shall not assign or transfer this Agreement or its rights, title or interests. The obligations undertaken by the Contractor pursuant to this Agreement shall not be delegated or assigned to any other person or firm. Violation of the terms of this Paragraph shall constitute a material breach of Agreement by the Contractor and the City any, at its discretion, cancel this Agreement and all rights, title and interest of the Contractor which shall immediately cease and terminate. 22.3 The Contractor and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be constructed to create a partnership, association or any other kind of joint undertaking or venture between the Parties. 22.4 The City reserves the right to audit the records of the Contractor relating in any way to the Work to be performed pursuant to this Agreement at any time during the performance and term of this Agreement and for a period of three (3) years after completion and acceptance by the City. If required by the City, the Contractor agrees to submit to an audit by an independent certified public accountant selected by the City. The Contractor shall allow the City to inspect, examine and review the records of the Contractor at any and all times during normal business hours during the term of this Agreement. 22.5 The remedies expressly provided in this Agreement to the City shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of the City now or later existing at law or in equity. 22.6 Should any part, term or provisions of this Agreement be decided by the courts to be invalid, illegal or in conflict with any state or federal law, the validity of the remaining portion or provision shall not be affected. 22.7 Scrutinized Companies: Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (11th Cir. 2013), this Section applies to any contract for goods or services of $1 million or more: The CONSULTANT certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2014), as may be amended or revised. The CITY may terminate this Contract at the CITY's option if the CONSULTANT is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2014), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Item # 9Attachment #4 Page 35 of 186 182 of 413 C-35 Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2014), as may be amended or revised. 22.8 Public Entity Crimes: In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. THIS SPACE INTENTIONALLY LEFT BLANK Item # 9Attachment #4 Page 36 of 186 183 of 413 5 6 Molloy Brothers Inc Bid Contact tom molloy molloybrosinc@bellsouth.net Ph 954 -792 -9380 Address 800 NW 27 Ave Fort Luaderdale, FL 33311 Bid Notes Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached to this submittal. Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 253 -11666 --01 -01 BASE BID TOTAL: Well Point System Supplier Product Code: Supplier Notes: Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached here. First Offer - $2,475.00 12 / location $29,700.00 Y Y 253 -11666 --01 -02 BASE BID TOTAL: Well Point System - Additional Supplier Product Code: First Offer - $65.00 5 / location $325.00 Y 253 -11666 --01 -03 BASE BID TOTAL: By - Pass Supplier Product Code: First Offer - $450.00 8 / location $3,600.00 Y 253 -11666 --01 -04 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, 0 to -5 below existing grade. Supplier Product Code: First Offer - $4,500.00 10 / location $45,000.00 Y 253 -11666 --01 -05 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 - inch,Elevation -5.01 to -10 below existing grade. Supplier Product Code: First Offer - $16,495.00 10 / location $164,950.00 Y 253 -11666 --01 -06 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, Elevation - 10.01 to -15 below existing grade. Supplier Product Code: First Offer - $17,100.00 10 / location $171,000.00 Y 253 -11666 --01 -07 BASE BID TOTAL: Sewer Pipe 8 in or 10 in Additional Footage,Invert Elevation 0 to - 5 below Supplier Product Code: First Offer - $100.00 10 / linear foot $1,000.00 Y 253 -11666 --01 -08 BASE BID TOTAL: Sewer Pipe - Additional Footage -- 5.01 to -10 below existing grade Supplier Product Code: First Offer - $120.00 10 / linear foot $1,200.00 Y 253 -11666 --01 -09 BASE BID TOTAL: Sewer Pipe - Additional Footage -10.01 to -15 below existing grade Supplier Product Code: First Offer - $140.00 10 / linear foot $1,400.00 Y 253 -11666 --01 -10 BASE BID TOTAL: Sewer Pipe 12 -inch or 15 -inch Additional Supplier Product Code: First Offer - $140.00 20 / linear foot $2,800.00 Y 253 -11666 --01 -11 BASE BID TOTAL: Sewer Pipe 18 -inch - Additional cost Supplier Product Code: First Offer - $160.00 20 / linear foot $3,200.00 Y 253 -11666 --01 -12 BASE BID TOTAL: Sewer Pipe 24 -inch - Additional cost Supplier Product Code: First Offer - $180.00 20 / linear foot $3,600.00 Y 253 -11666 --01 -13 BASE BID TOTAL: Remove pipe install new Supplier Product Code: First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -14 BASE BID TOTAL: Lateral Supplier Product Code: First Offer - $750.00 10 / location $7,500.00 Y 253 -11666 --01 -15 BASE BID TOTAL: Lateral Additional Footage Supplier Product Code: First Offer - $8.00 125 / linear foot $1,000.00 Y 253 -11666 --01 -16 BASE BID TOTAL: Lateral Additional Supplier Product Code: First Offer - $100.00 10 / location $1,000.00 Y 253 -11666 --01 -17 BASE BID TOTAL: Manhole - from 0 feet to 5 feet. Supplier Product Code: First Offer - $4,500.00 1 / each $4,500.00 Y 253 -11666 --01 -18 BASE BID TOTAL: Manhole from 5 feet to 8 feet Supplier Product Code: First Offer - $12,500.00 1 / each $12,500.00 Y 253 -11666 --01 -19 BASE BID TOTAL: Manhole - from 8 feet to 12 feet. Supplier Product Code: First Offer - $16,850.00 1 / each $16,850.00 Y 253 -11666 --01 -20 BASE BID TOTAL: Manhole - 12 feet to 15 feet. Supplier Product Code: First Offer - $17,450.00 1 / each $17,450.00 Y 253 -11666 --01 -21 BASE BID TOTAL: Manhole - from 15 feet to 20 feet. Supplier Product Code: First Offer - $23,500.00 1 / each $23,500.00 Y 253 -11666 --01 -22 BASE BID TOTAL: Coring Supplier Product Code: First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -23 BASE BID TOTAL: De - Mucking Supplier Product Code: First Offer - $18.00 100 / bank cubic yard $1,800.00 Y 253 -11666 --01 -24 BASE BID TOTAL: Ductile Iron Pipe Fittings Supplier Product Code: First Offer - $10.00 350 / pound $3,500.00 Y 253 -11666 --01 -25 BASE BID TOTAL: Limerock Base Supplier Product Code: First Offer - $21.00 2000 / square yard $42,000.00 Y 253 -11666 --01 -26 BASE BID TOTAL: Asphaltic Concrete Supplier Product Code: First Offer - $23.00 2000 / square yard $46,000.00 Y 253 -11666 --01 -27 BASE BID TOTAL: Milling & Paving Supplier Product Code: First Offer - $44.00 300 / square yard $13,200.00 Y 253 -11666 --01 -28 BASE BID TOTAL: MOT Residential Roads Supplier Product Code: First Offer - $650.00 16 / location $10,400.00 Y 253 -11666 --01 -29 BASE BID TOTAL: SOD - St. Augustine Supplier Product Code: First Offer - $0.50 5000 / square foot $2,500.00 Y 253 -11666 --01 -30 BASE BID TOTAL: SOD - Bahia Supplier Product Code: First Offer - $0.50 2000 / square foot $1,000.00 Y 253 -11666 --01 -31 BASE BID TOTAL: Sheet Piling Supplier Product Code: First Offer - $35.00 800 / square foot $28,000.00 Y 253 -11666 --01 -32 BASE BID TOTAL: Flowable Fill Supplier Product Code: First Offer - $150.00 40 / bank cubic yard $6,000.00 Y 253 -11666 --01 -33 BASE BID TOTAL: Steel Plates Supplier Product Code: First Offer - $1,785.00 8 / location $14,280.00 Y 253 -11666 --01 -34 BASE BID TOTAL: Labor - Forman Rates Supplier Product Code: First Offer - $50.00 110 / hour $5,500.00 Y 253 -11666 --01 -35 BASE BID TOTAL: Labor - Pipe Layer (Lead) Rates Supplier Product Code: First Offer - $39.00 110 / hour $4,290.00 Y 253 -11666 --01 -36 BASE BID TOTAL: Labor - Pipe Layer (Tail) Rates Supplier Product Code: First Offer - $35.00 110 / hour $3,850.00 Y 253 -11666 --01 -37 BASE BID TOTAL: Labor - Laborer Rates Supplier Product Code: First Offer - $27.00 110 / hour $2,970.00 Y 253 -11666 --01 -38 BASE BID TOTAL: Equipment - Excavator (Heavy duty) Rates Supplier Product Code: First Offer - $200.00 80 / hour $16,000.00 Y 253 -11666 --01 -39 BASE BID TOTAL: Equipment - Excavator (medium duty) Rates Supplier Product Code: First Offer - $175.00 40 / hour $7,000.00 Y 253 -11666 --01 -40 BASE BID TOTAL: Equipment - Excavator (small) Rates Supplier Product Code: First Offer - $150.00 15 / hour $2,250.00 Y 253 -11666 --01 -41 BASE BID TOTAL: Equipment - Loader (heavy duty) Rates Supplier Product Code: First Offer - $150.00 40 / hour $6,000.00 Y 253 -11666 --01 -42 BASE BID TOTAL: Equipment - Loader (medium duty) Rates Supplier Product Code: First Offer - $135.00 10 / hour $1,350.00 Y 253 -11666 --01 -43 BASE BID TOTAL: Equipment - Loader (small) Rates Supplier Product Code: First Offer - $134.00 30 / hour $4,020.00 Y 253 -11666 --01 -44 BASE BID TOTAL: Equipment - Combination Backhoe/Front End Loader Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -45 BASE BID TOTAL: Equipment - Vibratory compactor Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -46 BASE BID TOTAL: Equipment - Asphalt roller Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -47 BASE BID TOTAL: Equipment - Vibratory plate compactor Rates Supplier Product Code: First Offer - $65.00 8 / hour $520.00 Y 253 -11666 --01 -48 BASE BID TOTAL: Equipment - Road grader Rates Supplier Product Code: First Offer - $65.00 16 / hour $1,040.00 Y 253 -11666 --01 -49 BASE BID TOTAL: Equipment - Loy Boy 50 -T Rates Supplier Product Code: First Offer - $249.00 16 / hour $3,984.00 Y 253 -11666 --01 -50 BASE BID TOTAL: Equipment - Flatbed truck Rates Supplier Product Code: First Offer - $195.00 10 / hour $1,950.00 Y 253 -11666 --01 -51 BASE BID TOTAL: Equipment - Paver Rates Supplier Product Code: First Offer - $75.00 20 / hour $1,500.00 Y 253 -11666 --01 -52 BASE BID TOTAL: Equipment - Trench Box 6ft.x16ft. Rates Supplier Product Code: First Offer - $10.00 60 / hour $600.00 Y 253 -11666 --01 -53 BASE BID TOTAL: Equipment Trench Box, 8ft.x20ft Rates Supplier Product Code: First Offer - $12.00 60 / hour $720.00 Y 253 -11666 --01 -54 BASE BID TOTAL: Equipment - Trench Box, 8ft.x24ft. Rates Supplier Product Code: First Offer - $14.00 60 / hour $840.00 Y 253 -11666 --01 -55 BASE BID TOTAL: Equipment - Sediment Box, 7,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -56 BASE BID TOTAL: Equipment - Sediment Box, 9,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -57 BASE BID TOTAL: Equipment - Pump, 8in. Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -58 BASE BID TOTAL: Equipment - Pump, 6in Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -59 BASE BID TOTAL: Equipment - Pump, 4in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -60 BASE BID TOTAL: Equipment - Pump, 3in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -61 BASE BID TOTAL: Equipment - Pump, 2in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -62 BASE BID TOTAL: Equipment - Dump truck, single axle Supplier Product Code: First Offer - $55.00 60 / hour $3,300.00 Y 253 -11666 --01 -63 BASE BID TOTAL: Equipment - Dump truck, double axle Supplier Product Code: First Offer - $125.00 60 / hour $7,500.00 Y 253 -11666 --01 -64 BASE BID TOTAL: Equipment - Cut off saw Supplier Product Code: First Offer - $75.00 4 / hour $300.00 Y 253 -11666 --01 -65 BASE BID TOTAL: Equipment - Hydraulic concrete chain saw Supplier Product Code: First Offer - $100.00 4 / hour $400.00 Y 253 -11666 --01 -66 BASE BID TOTAL: Equipment - Small tools Supplier Product Code: First Offer - $40.00 110 / hour $4,400.00 Y 253 -11666 --01 -67 BASE BID TOTAL: Equipment - Turbidity Screen/barrier Supplier Product Code: First Offer - $5.00 160 / hour $800.00 Y Bid Allowance $105,000.00 Lot Total $777,349.00 Supplier Total $882,349.00 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 1 C-35(a) Item # 9Attachment #4 Page 37 of 186 184 of 413 5 6 Molloy Brothers Inc Bid Contact tom molloy molloybrosinc@bellsouth.net Ph 954 -792 -9380 Address 800 NW 27 AveFort Luaderdale, FL 33311 Bid Notes Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached to this submittal. Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 253 -11666 --01 -01 BASE BID TOTAL: Well Point System Supplier Product Code:Supplier Notes: Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached here. First Offer - $2,475.00 12 / location $29,700.00 Y Y 253 -11666 --01 -02 BASE BID TOTAL: Well Point System -Additional Supplier Product Code:First Offer - $65.00 5 / location $325.00 Y 253 -11666 --01 -03 BASE BID TOTAL: By -Pass Supplier Product Code:First Offer - $450.00 8 / location $3,600.00 Y 253 -11666 --01 -04 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, 0 to -5 below existing grade. Supplier Product Code:First Offer - $4,500.00 10 / location $45,000.00 Y 253 -11666 --01 -05 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch,Elevation -5.01 to -10 below existing grade. Supplier Product Code:First Offer - $16,495.00 10 / location $164,950.00 Y 253 -11666 --01 -06 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, Elevation -10.01 to -15 below existing grade. Supplier Product Code:First Offer - $17,100.00 10 / location $171,000.00 Y 253 -11666 --01 -07 BASE BID TOTAL: Sewer Pipe 8 in or 10 in Additional Footage,Invert Elevation 0 to - 5 below Supplier Product Code:First Offer - $100.00 10 / linear foot $1,000.00 Y 253 -11666 --01 -08 BASE BID TOTAL: Sewer Pipe - Additional Footage -- 5.01 to -10 below existing grade Supplier Product Code: First Offer - $120.00 10 / linear foot $1,200.00 Y 253 -11666 --01 -09 BASE BID TOTAL: Sewer Pipe - Additional Footage -10.01 to -15 below existing grade Supplier Product Code: First Offer - $140.00 10 / linear foot $1,400.00 Y 253 -11666 --01 -10 BASE BID TOTAL: Sewer Pipe 12 -inch or 15 -inch Additional Supplier Product Code: First Offer - $140.00 20 / linear foot $2,800.00 Y 253 -11666 --01 -11 BASE BID TOTAL: Sewer Pipe 18 -inch - Additional cost Supplier Product Code: First Offer - $160.00 20 / linear foot $3,200.00 Y 253 -11666 --01 -12 BASE BID TOTAL: Sewer Pipe 24 -inch - Additional cost Supplier Product Code: First Offer - $180.00 20 / linear foot $3,600.00 Y 253 -11666 --01 -13 BASE BID TOTAL: Remove pipe install new Supplier Product Code: First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -14 BASE BID TOTAL: Lateral Supplier Product Code: First Offer - $750.00 10 / location $7,500.00 Y 253 -11666 --01 -15 BASE BID TOTAL: Lateral Additional Footage Supplier Product Code: First Offer - $8.00 125 / linear foot $1,000.00 Y 253 -11666 --01 -16 BASE BID TOTAL: Lateral Additional Supplier Product Code: First Offer - $100.00 10 / location $1,000.00 Y 253 -11666 --01 -17 BASE BID TOTAL: Manhole - from 0 feet to 5 feet. Supplier Product Code: First Offer - $4,500.00 1 / each $4,500.00 Y 253 -11666 --01 -18 BASE BID TOTAL: Manhole from 5 feet to 8 feet Supplier Product Code: First Offer - $12,500.00 1 / each $12,500.00 Y 253 -11666 --01 -19 BASE BID TOTAL: Manhole - from 8 feet to 12 feet. Supplier Product Code: First Offer - $16,850.00 1 / each $16,850.00 Y 253 -11666 --01 -20 BASE BID TOTAL: Manhole - 12 feet to 15 feet. Supplier Product Code: First Offer - $17,450.00 1 / each $17,450.00 Y 253 -11666 --01 -21 BASE BID TOTAL: Manhole - from 15 feet to 20 feet. Supplier Product Code: First Offer - $23,500.00 1 / each $23,500.00 Y 253 -11666 --01 -22 BASE BID TOTAL: Coring Supplier Product Code: First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -23 BASE BID TOTAL: De - Mucking Supplier Product Code: First Offer - $18.00 100 / bank cubic yard $1,800.00 Y 253 -11666 --01 -24 BASE BID TOTAL: Ductile Iron Pipe Fittings Supplier Product Code: First Offer - $10.00 350 / pound $3,500.00 Y 253 -11666 --01 -25 BASE BID TOTAL: Limerock Base Supplier Product Code: First Offer - $21.00 2000 / square yard $42,000.00 Y 253 -11666 --01 -26 BASE BID TOTAL: Asphaltic Concrete Supplier Product Code: First Offer - $23.00 2000 / square yard $46,000.00 Y 253 -11666 --01 -27 BASE BID TOTAL: Milling & Paving Supplier Product Code: First Offer - $44.00 300 / square yard $13,200.00 Y 253 -11666 --01 -28 BASE BID TOTAL: MOT Residential Roads Supplier Product Code: First Offer - $650.00 16 / location $10,400.00 Y 253 -11666 --01 -29 BASE BID TOTAL: SOD - St. Augustine Supplier Product Code: First Offer - $0.50 5000 / square foot $2,500.00 Y 253 -11666 --01 -30 BASE BID TOTAL: SOD - Bahia Supplier Product Code: First Offer - $0.50 2000 / square foot $1,000.00 Y 253 -11666 --01 -31 BASE BID TOTAL: Sheet Piling Supplier Product Code: First Offer - $35.00 800 / square foot $28,000.00 Y 253 -11666 --01 -32 BASE BID TOTAL: Flowable Fill Supplier Product Code: First Offer - $150.00 40 / bank cubic yard $6,000.00 Y 253 -11666 --01 -33 BASE BID TOTAL: Steel Plates Supplier Product Code: First Offer - $1,785.00 8 / location $14,280.00 Y 253 -11666 --01 -34 BASE BID TOTAL: Labor - Forman Rates Supplier Product Code: First Offer - $50.00 110 / hour $5,500.00 Y 253 -11666 --01 -35 BASE BID TOTAL: Labor - Pipe Layer (Lead) Rates Supplier Product Code: First Offer - $39.00 110 / hour $4,290.00 Y 253 -11666 --01 -36 BASE BID TOTAL: Labor - Pipe Layer (Tail) Rates Supplier Product Code: First Offer - $35.00 110 / hour $3,850.00 Y 253 -11666 --01 -37 BASE BID TOTAL: Labor - Laborer Rates Supplier Product Code: First Offer - $27.00 110 / hour $2,970.00 Y 253 -11666 --01 -38 BASE BID TOTAL: Equipment - Excavator (Heavy duty) Rates Supplier Product Code: First Offer - $200.00 80 / hour $16,000.00 Y 253 -11666 --01 -39 BASE BID TOTAL: Equipment - Excavator (medium duty) Rates Supplier Product Code: First Offer - $175.00 40 / hour $7,000.00 Y 253 -11666 --01 -40 BASE BID TOTAL: Equipment - Excavator (small) Rates Supplier Product Code: First Offer - $150.00 15 / hour $2,250.00 Y 253 -11666 --01 -41 BASE BID TOTAL: Equipment - Loader (heavy duty) Rates Supplier Product Code: First Offer - $150.00 40 / hour $6,000.00 Y 253 -11666 --01 -42 BASE BID TOTAL: Equipment - Loader (medium duty) Rates Supplier Product Code: First Offer - $135.00 10 / hour $1,350.00 Y 253 -11666 --01 -43 BASE BID TOTAL: Equipment - Loader (small) Rates Supplier Product Code: First Offer - $134.00 30 / hour $4,020.00 Y 253 -11666 --01 -44 BASE BID TOTAL: Equipment - Combination Backhoe/Front End Loader Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -45 BASE BID TOTAL: Equipment - Vibratory compactor Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -46 BASE BID TOTAL: Equipment - Asphalt roller Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -47 BASE BID TOTAL: Equipment - Vibratory plate compactor Rates Supplier Product Code: First Offer - $65.00 8 / hour $520.00 Y 253 -11666 --01 -48 BASE BID TOTAL: Equipment - Road grader Rates Supplier Product Code: First Offer - $65.00 16 / hour $1,040.00 Y 253 -11666 --01 -49 BASE BID TOTAL: Equipment - Loy Boy 50 -T Rates Supplier Product Code: First Offer - $249.00 16 / hour $3,984.00 Y 253 -11666 --01 -50 BASE BID TOTAL: Equipment - Flatbed truck Rates Supplier Product Code: First Offer - $195.00 10 / hour $1,950.00 Y 253 -11666 --01 -51 BASE BID TOTAL: Equipment - Paver Rates Supplier Product Code: First Offer - $75.00 20 / hour $1,500.00 Y 253 -11666 --01 -52 BASE BID TOTAL: Equipment - Trench Box 6ft.x16ft. Rates Supplier Product Code: First Offer - $10.00 60 / hour $600.00 Y 253 -11666 --01 -53 BASE BID TOTAL: Equipment Trench Box, 8ft.x20ft Rates Supplier Product Code: First Offer - $12.00 60 / hour $720.00 Y 253 -11666 --01 -54 BASE BID TOTAL: Equipment - Trench Box, 8ft.x24ft. Rates Supplier Product Code: First Offer - $14.00 60 / hour $840.00 Y 253 -11666 --01 -55 BASE BID TOTAL: Equipment - Sediment Box, 7,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -56 BASE BID TOTAL: Equipment - Sediment Box, 9,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -57 BASE BID TOTAL: Equipment - Pump, 8in. Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -58 BASE BID TOTAL: Equipment - Pump, 6in Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -59 BASE BID TOTAL: Equipment - Pump, 4in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -60 BASE BID TOTAL: Equipment - Pump, 3in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -61 BASE BID TOTAL: Equipment - Pump, 2in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -62 BASE BID TOTAL: Equipment - Dump truck, single axle Supplier Product Code: First Offer - $55.00 60 / hour $3,300.00 Y 253 -11666 --01 -63 BASE BID TOTAL: Equipment - Dump truck, double axle Supplier Product Code: First Offer - $125.00 60 / hour $7,500.00 Y 253 -11666 --01 -64 BASE BID TOTAL: Equipment - Cut off saw Supplier Product Code: First Offer - $75.00 4 / hour $300.00 Y 253 -11666 --01 -65 BASE BID TOTAL: Equipment - Hydraulic concrete chain saw Supplier Product Code: First Offer - $100.00 4 / hour $400.00 Y 253 -11666 --01 -66 BASE BID TOTAL: Equipment - Small tools Supplier Product Code: First Offer - $40.00 110 / hour $4,400.00 Y 253 -11666 --01 -67 BASE BID TOTAL: Equipment - Turbidity Screen/barrier Supplier Product Code: First Offer - $5.00 160 / hour $800.00 Y Bid Allowance $105,000.00 Lot Total $777,349.00 Supplier Total $882,349.00 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 2 C-35(b) Item # 9Attachment #4 Page 38 of 186 185 of 413 5 6 Molloy Brothers Inc Bid Contact tom molloy molloybrosinc@bellsouth.net Ph 954 -792 -9380 Address 800 NW 27 AveFort Luaderdale, FL 33311 Bid Notes Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached to this submittal. Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 253 -11666 --01 -01 BASE BID TOTAL: Well Point System Supplier Product Code:Supplier Notes: Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached here. First Offer - $2,475.00 12 / location $29,700.00 Y Y 253 -11666 --01 -02 BASE BID TOTAL: Well Point System -Additional Supplier Product Code:First Offer - $65.00 5 / location $325.00 Y 253 -11666 --01 -03 BASE BID TOTAL: By -Pass Supplier Product Code:First Offer - $450.00 8 / location $3,600.00 Y 253 -11666 --01 -04 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, 0 to -5 below existing grade. Supplier Product Code:First Offer - $4,500.00 10 / location $45,000.00 Y 253 -11666 --01 -05 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch,Elevation -5.01 to -10 below existing grade. Supplier Product Code:First Offer - $16,495.00 10 / location $164,950.00 Y 253 -11666 --01 -06 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, Elevation -10.01 to -15 below existing grade. Supplier Product Code:First Offer - $17,100.00 10 / location $171,000.00 Y 253 -11666 --01 -07 BASE BID TOTAL: Sewer Pipe 8 in or 10 in Additional Footage,Invert Elevation 0 to -5 below Supplier Product Code:First Offer - $100.00 10 / linear foot $1,000.00 Y 253 -11666 --01 -08 BASE BID TOTAL: Sewer Pipe -Additional Footage --5.01 to -10 below existing grade Supplier Product Code:First Offer - $120.00 10 / linear foot $1,200.00 Y 253 -11666 --01 -09 BASE BID TOTAL: Sewer Pipe -Additional Footage -10.01 to -15 below existing grade Supplier Product Code:First Offer - $140.00 10 / linear foot $1,400.00 Y 253 -11666 --01 -10 BASE BID TOTAL: Sewer Pipe 12 -inch or 15 -inch Additional Supplier Product Code:First Offer - $140.00 20 / linear foot $2,800.00 Y 253 -11666 --01 -11 BASE BID TOTAL: Sewer Pipe 18 -inch -Additional cost Supplier Product Code:First Offer - $160.00 20 / linear foot $3,200.00 Y 253 -11666 --01 -12 BASE BID TOTAL: Sewer Pipe 24 -inch -Additional cost Supplier Product Code:First Offer - $180.00 20 / linear foot $3,600.00 Y 253 -11666 --01 -13 BASE BID TOTAL: Remove pipe install new Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -14 BASE BID TOTAL: Lateral Supplier Product Code:First Offer - $750.00 10 / location $7,500.00 Y 253 -11666 --01 -15 BASE BID TOTAL: Lateral Additional Footage Supplier Product Code:First Offer - $8.00 125 / linear foot $1,000.00 Y 253 -11666 --01 -16 BASE BID TOTAL: Lateral Additional Supplier Product Code:First Offer - $100.00 10 / location $1,000.00 Y 253 -11666 --01 -17 BASE BID TOTAL: Manhole - from 0 feet to 5 feet. Supplier Product Code:First Offer - $4,500.00 1 / each $4,500.00 Y 253 -11666 --01 -18 BASE BID TOTAL: Manhole from 5 feet to 8 feet Supplier Product Code:First Offer - $12,500.00 1 / each $12,500.00 Y 253 -11666 --01 -19 BASE BID TOTAL: Manhole - from 8 feet to 12 feet. Supplier Product Code: First Offer - $16,850.00 1 / each $16,850.00 Y 253 -11666 --01 -20 BASE BID TOTAL: Manhole - 12 feet to 15 feet. Supplier Product Code: First Offer - $17,450.00 1 / each $17,450.00 Y 253 -11666 --01 -21 BASE BID TOTAL: Manhole - from 15 feet to 20 feet. Supplier Product Code: First Offer - $23,500.00 1 / each $23,500.00 Y 253 -11666 --01 -22 BASE BID TOTAL: Coring Supplier Product Code: First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -23 BASE BID TOTAL: De - Mucking Supplier Product Code: First Offer - $18.00 100 / bank cubic yard $1,800.00 Y 253 -11666 --01 -24 BASE BID TOTAL: Ductile Iron Pipe Fittings Supplier Product Code: First Offer - $10.00 350 / pound $3,500.00 Y 253 -11666 --01 -25 BASE BID TOTAL: Limerock Base Supplier Product Code: First Offer - $21.00 2000 / square yard $42,000.00 Y 253 -11666 --01 -26 BASE BID TOTAL: Asphaltic Concrete Supplier Product Code: First Offer - $23.00 2000 / square yard $46,000.00 Y 253 -11666 --01 -27 BASE BID TOTAL: Milling & Paving Supplier Product Code: First Offer - $44.00 300 / square yard $13,200.00 Y 253 -11666 --01 -28 BASE BID TOTAL: MOT Residential Roads Supplier Product Code: First Offer - $650.00 16 / location $10,400.00 Y 253 -11666 --01 -29 BASE BID TOTAL: SOD - St. Augustine Supplier Product Code: First Offer - $0.50 5000 / square foot $2,500.00 Y 253 -11666 --01 -30 BASE BID TOTAL: SOD - Bahia Supplier Product Code: First Offer - $0.50 2000 / square foot $1,000.00 Y 253 -11666 --01 -31 BASE BID TOTAL: Sheet Piling Supplier Product Code: First Offer - $35.00 800 / square foot $28,000.00 Y 253 -11666 --01 -32 BASE BID TOTAL: Flowable Fill Supplier Product Code: First Offer - $150.00 40 / bank cubic yard $6,000.00 Y 253 -11666 --01 -33 BASE BID TOTAL: Steel Plates Supplier Product Code: First Offer - $1,785.00 8 / location $14,280.00 Y 253 -11666 --01 -34 BASE BID TOTAL: Labor - Forman Rates Supplier Product Code: First Offer - $50.00 110 / hour $5,500.00 Y 253 -11666 --01 -35 BASE BID TOTAL: Labor - Pipe Layer (Lead) Rates Supplier Product Code: First Offer - $39.00 110 / hour $4,290.00 Y 253 -11666 --01 -36 BASE BID TOTAL: Labor - Pipe Layer (Tail) Rates Supplier Product Code: First Offer - $35.00 110 / hour $3,850.00 Y 253 -11666 --01 -37 BASE BID TOTAL: Labor - Laborer Rates Supplier Product Code: First Offer - $27.00 110 / hour $2,970.00 Y 253 -11666 --01 -38 BASE BID TOTAL: Equipment - Excavator (Heavy duty) Rates Supplier Product Code: First Offer - $200.00 80 / hour $16,000.00 Y 253 -11666 --01 -39 BASE BID TOTAL: Equipment - Excavator (medium duty) Rates Supplier Product Code: First Offer - $175.00 40 / hour $7,000.00 Y 253 -11666 --01 -40 BASE BID TOTAL: Equipment - Excavator (small) Rates Supplier Product Code: First Offer - $150.00 15 / hour $2,250.00 Y 253 -11666 --01 -41 BASE BID TOTAL: Equipment - Loader (heavy duty) Rates Supplier Product Code: First Offer - $150.00 40 / hour $6,000.00 Y 253 -11666 --01 -42 BASE BID TOTAL: Equipment - Loader (medium duty) Rates Supplier Product Code: First Offer - $135.00 10 / hour $1,350.00 Y 253 -11666 --01 -43 BASE BID TOTAL: Equipment - Loader (small) Rates Supplier Product Code: First Offer - $134.00 30 / hour $4,020.00 Y 253 -11666 --01 -44 BASE BID TOTAL: Equipment - Combination Backhoe/Front End Loader Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -45 BASE BID TOTAL: Equipment - Vibratory compactor Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -46 BASE BID TOTAL: Equipment - Asphalt roller Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -47 BASE BID TOTAL: Equipment - Vibratory plate compactor Rates Supplier Product Code: First Offer - $65.00 8 / hour $520.00 Y 253 -11666 --01 -48 BASE BID TOTAL: Equipment - Road grader Rates Supplier Product Code: First Offer - $65.00 16 / hour $1,040.00 Y 253 -11666 --01 -49 BASE BID TOTAL: Equipment - Loy Boy 50 -T Rates Supplier Product Code: First Offer - $249.00 16 / hour $3,984.00 Y 253 -11666 --01 -50 BASE BID TOTAL: Equipment - Flatbed truck Rates Supplier Product Code: First Offer - $195.00 10 / hour $1,950.00 Y 253 -11666 --01 -51 BASE BID TOTAL: Equipment - Paver Rates Supplier Product Code: First Offer - $75.00 20 / hour $1,500.00 Y 253 -11666 --01 -52 BASE BID TOTAL: Equipment - Trench Box 6ft.x16ft. Rates Supplier Product Code: First Offer - $10.00 60 / hour $600.00 Y 253 -11666 --01 -53 BASE BID TOTAL: Equipment Trench Box, 8ft.x20ft Rates Supplier Product Code: First Offer - $12.00 60 / hour $720.00 Y 253 -11666 --01 -54 BASE BID TOTAL: Equipment - Trench Box, 8ft.x24ft. Rates Supplier Product Code: First Offer - $14.00 60 / hour $840.00 Y 253 -11666 --01 -55 BASE BID TOTAL: Equipment - Sediment Box, 7,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -56 BASE BID TOTAL: Equipment - Sediment Box, 9,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -57 BASE BID TOTAL: Equipment - Pump, 8in. Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -58 BASE BID TOTAL: Equipment - Pump, 6in Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -59 BASE BID TOTAL: Equipment - Pump, 4in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -60 BASE BID TOTAL: Equipment - Pump, 3in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -61 BASE BID TOTAL: Equipment - Pump, 2in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -62 BASE BID TOTAL: Equipment - Dump truck, single axle Supplier Product Code: First Offer - $55.00 60 / hour $3,300.00 Y 253 -11666 --01 -63 BASE BID TOTAL: Equipment - Dump truck, double axle Supplier Product Code: First Offer - $125.00 60 / hour $7,500.00 Y 253 -11666 --01 -64 BASE BID TOTAL: Equipment - Cut off saw Supplier Product Code: First Offer - $75.00 4 / hour $300.00 Y 253 -11666 --01 -65 BASE BID TOTAL: Equipment - Hydraulic concrete chain saw Supplier Product Code: First Offer - $100.00 4 / hour $400.00 Y 253 -11666 --01 -66 BASE BID TOTAL: Equipment - Small tools Supplier Product Code: First Offer - $40.00 110 / hour $4,400.00 Y 253 -11666 --01 -67 BASE BID TOTAL: Equipment - Turbidity Screen/barrier Supplier Product Code: First Offer - $5.00 160 / hour $800.00 Y Bid Allowance $105,000.00 Lot Total $777,349.00 Supplier Total $882,349.00 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 3 C-35(c) Item # 9Attachment #4 Page 39 of 186 186 of 413 5 6 Molloy Brothers Inc Bid Contact tom molloy molloybrosinc@bellsouth.net Ph 954 -792 -9380 Address 800 NW 27 AveFort Luaderdale, FL 33311 Bid Notes Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached to this submittal. Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 253 -11666 --01 -01 BASE BID TOTAL: Well Point System Supplier Product Code:Supplier Notes: Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached here. First Offer - $2,475.00 12 / location $29,700.00 Y Y 253 -11666 --01 -02 BASE BID TOTAL: Well Point System -Additional Supplier Product Code:First Offer - $65.00 5 / location $325.00 Y 253 -11666 --01 -03 BASE BID TOTAL: By -Pass Supplier Product Code:First Offer - $450.00 8 / location $3,600.00 Y 253 -11666 --01 -04 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, 0 to -5 below existing grade. Supplier Product Code:First Offer - $4,500.00 10 / location $45,000.00 Y 253 -11666 --01 -05 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch,Elevation -5.01 to -10 below existing grade. Supplier Product Code:First Offer - $16,495.00 10 / location $164,950.00 Y 253 -11666 --01 -06 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, Elevation -10.01 to -15 below existing grade. Supplier Product Code:First Offer - $17,100.00 10 / location $171,000.00 Y 253 -11666 --01 -07 BASE BID TOTAL: Sewer Pipe 8 in or 10 in Additional Footage,Invert Elevation 0 to -5 below Supplier Product Code:First Offer - $100.00 10 / linear foot $1,000.00 Y 253 -11666 --01 -08 BASE BID TOTAL: Sewer Pipe -Additional Footage --5.01 to -10 below existing grade Supplier Product Code:First Offer - $120.00 10 / linear foot $1,200.00 Y 253 -11666 --01 -09 BASE BID TOTAL: Sewer Pipe -Additional Footage -10.01 to -15 below existing grade Supplier Product Code:First Offer - $140.00 10 / linear foot $1,400.00 Y 253 -11666 --01 -10 BASE BID TOTAL: Sewer Pipe 12 -inch or 15 -inch Additional Supplier Product Code:First Offer - $140.00 20 / linear foot $2,800.00 Y 253 -11666 --01 -11 BASE BID TOTAL: Sewer Pipe 18 -inch -Additional cost Supplier Product Code:First Offer - $160.00 20 / linear foot $3,200.00 Y 253 -11666 --01 -12 BASE BID TOTAL: Sewer Pipe 24 -inch -Additional cost Supplier Product Code:First Offer - $180.00 20 / linear foot $3,600.00 Y 253 -11666 --01 -13 BASE BID TOTAL: Remove pipe install new Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -14 BASE BID TOTAL: Lateral Supplier Product Code:First Offer - $750.00 10 / location $7,500.00 Y 253 -11666 --01 -15 BASE BID TOTAL: Lateral Additional Footage Supplier Product Code:First Offer - $8.00 125 / linear foot $1,000.00 Y 253 -11666 --01 -16 BASE BID TOTAL: Lateral Additional Supplier Product Code:First Offer - $100.00 10 / location $1,000.00 Y 253 -11666 --01 -17 BASE BID TOTAL: Manhole - from 0 feet to 5 feet. Supplier Product Code:First Offer - $4,500.00 1 / each $4,500.00 Y 253 -11666 --01 -18 BASE BID TOTAL: Manhole from 5 feet to 8 feet Supplier Product Code:First Offer - $12,500.00 1 / each $12,500.00 Y 253 -11666 --01 -19 BASE BID TOTAL: Manhole -from 8 feet to 12 feet. Supplier Product Code:First Offer - $16,850.00 1 / each $16,850.00 Y 253 -11666 --01 -20 BASE BID TOTAL: Manhole - 12 feet to 15 feet. Supplier Product Code:First Offer - $17,450.00 1 / each $17,450.00 Y 253 -11666 --01 -21 BASE BID TOTAL: Manhole -from 15 feet to 20 feet. Supplier Product Code:First Offer - $23,500.00 1 / each $23,500.00 Y 253 -11666 --01 -22 BASE BID TOTAL: Coring Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -23 BASE BID TOTAL: De -Mucking Supplier Product Code:First Offer - $18.00 100 / bank cubic yard $1,800.00 Y 253 -11666 --01 -24 BASE BID TOTAL: Ductile Iron Pipe Fittings Supplier Product Code:First Offer - $10.00 350 / pound $3,500.00 Y 253 -11666 --01 -25 BASE BID TOTAL: Limerock Base Supplier Product Code:First Offer - $21.00 2000 / square yard $42,000.00 Y 253 -11666 --01 -26 BASE BID TOTAL: Asphaltic Concrete Supplier Product Code:First Offer - $23.00 2000 / square yard $46,000.00 Y 253 -11666 --01 -27 BASE BID TOTAL: Milling & Paving Supplier Product Code:First Offer - $44.00 300 / square yard $13,200.00 Y 253 -11666 --01 -28 BASE BID TOTAL: MOT Residential Roads Supplier Product Code:First Offer - $650.00 16 / location $10,400.00 Y 253 -11666 --01 -29 BASE BID TOTAL: SOD -St. Augustine Supplier Product Code:First Offer - $0.50 5000 / square foot $2,500.00 Y 253 -11666 --01 -30 BASE BID TOTAL: SOD -Bahia Supplier Product Code:First Offer - $0.50 2000 / square foot $1,000.00 Y 253 -11666 --01 -31 BASE BID TOTAL: Sheet Piling Supplier Product Code:First Offer - $35.00 800 / square foot $28,000.00 Y 253 -11666 --01 -32 BASE BID TOTAL: Flowable Fill Supplier Product Code:First Offer - $150.00 40 / bank cubic yard $6,000.00 Y 253 -11666 --01 -33 BASE BID TOTAL: Steel Plates Supplier Product Code: First Offer - $1,785.00 8 / location $14,280.00 Y 253 -11666 --01 -34 BASE BID TOTAL: Labor - Forman Rates Supplier Product Code: First Offer - $50.00 110 / hour $5,500.00 Y 253 -11666 --01 -35 BASE BID TOTAL: Labor - Pipe Layer (Lead) Rates Supplier Product Code: First Offer - $39.00 110 / hour $4,290.00 Y 253 -11666 --01 -36 BASE BID TOTAL: Labor - Pipe Layer (Tail) Rates Supplier Product Code: First Offer - $35.00 110 / hour $3,850.00 Y 253 -11666 --01 -37 BASE BID TOTAL: Labor - Laborer Rates Supplier Product Code: First Offer - $27.00 110 / hour $2,970.00 Y 253 -11666 --01 -38 BASE BID TOTAL: Equipment - Excavator (Heavy duty) Rates Supplier Product Code: First Offer - $200.00 80 / hour $16,000.00 Y 253 -11666 --01 -39 BASE BID TOTAL: Equipment - Excavator (medium duty) Rates Supplier Product Code: First Offer - $175.00 40 / hour $7,000.00 Y 253 -11666 --01 -40 BASE BID TOTAL: Equipment - Excavator (small) Rates Supplier Product Code: First Offer - $150.00 15 / hour $2,250.00 Y 253 -11666 --01 -41 BASE BID TOTAL: Equipment - Loader (heavy duty) Rates Supplier Product Code: First Offer - $150.00 40 / hour $6,000.00 Y 253 -11666 --01 -42 BASE BID TOTAL: Equipment - Loader (medium duty) Rates Supplier Product Code: First Offer - $135.00 10 / hour $1,350.00 Y 253 -11666 --01 -43 BASE BID TOTAL: Equipment - Loader (small) Rates Supplier Product Code: First Offer - $134.00 30 / hour $4,020.00 Y 253 -11666 --01 -44 BASE BID TOTAL: Equipment - Combination Backhoe/Front End Loader Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -45 BASE BID TOTAL: Equipment - Vibratory compactor Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -46 BASE BID TOTAL: Equipment - Asphalt roller Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -47 BASE BID TOTAL: Equipment - Vibratory plate compactor Rates Supplier Product Code: First Offer - $65.00 8 / hour $520.00 Y 253 -11666 --01 -48 BASE BID TOTAL: Equipment - Road grader Rates Supplier Product Code: First Offer - $65.00 16 / hour $1,040.00 Y 253 -11666 --01 -49 BASE BID TOTAL: Equipment - Loy Boy 50 -T Rates Supplier Product Code: First Offer - $249.00 16 / hour $3,984.00 Y 253 -11666 --01 -50 BASE BID TOTAL: Equipment - Flatbed truck Rates Supplier Product Code: First Offer - $195.00 10 / hour $1,950.00 Y 253 -11666 --01 -51 BASE BID TOTAL: Equipment - Paver Rates Supplier Product Code: First Offer - $75.00 20 / hour $1,500.00 Y 253 -11666 --01 -52 BASE BID TOTAL: Equipment - Trench Box 6ft.x16ft. Rates Supplier Product Code: First Offer - $10.00 60 / hour $600.00 Y 253 -11666 --01 -53 BASE BID TOTAL: Equipment Trench Box, 8ft.x20ft Rates Supplier Product Code: First Offer - $12.00 60 / hour $720.00 Y 253 -11666 --01 -54 BASE BID TOTAL: Equipment - Trench Box, 8ft.x24ft. Rates Supplier Product Code: First Offer - $14.00 60 / hour $840.00 Y 253 -11666 --01 -55 BASE BID TOTAL: Equipment - Sediment Box, 7,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -56 BASE BID TOTAL: Equipment - Sediment Box, 9,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -57 BASE BID TOTAL: Equipment - Pump, 8in. Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -58 BASE BID TOTAL: Equipment - Pump, 6in Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -59 BASE BID TOTAL: Equipment - Pump, 4in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -60 BASE BID TOTAL: Equipment - Pump, 3in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -61 BASE BID TOTAL: Equipment - Pump, 2in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -62 BASE BID TOTAL: Equipment - Dump truck, single axle Supplier Product Code: First Offer - $55.00 60 / hour $3,300.00 Y 253 -11666 --01 -63 BASE BID TOTAL: Equipment - Dump truck, double axle Supplier Product Code: First Offer - $125.00 60 / hour $7,500.00 Y 253 -11666 --01 -64 BASE BID TOTAL: Equipment - Cut off saw Supplier Product Code: First Offer - $75.00 4 / hour $300.00 Y 253 -11666 --01 -65 BASE BID TOTAL: Equipment - Hydraulic concrete chain saw Supplier Product Code: First Offer - $100.00 4 / hour $400.00 Y 253 -11666 --01 -66 BASE BID TOTAL: Equipment - Small tools Supplier Product Code: First Offer - $40.00 110 / hour $4,400.00 Y 253 -11666 --01 -67 BASE BID TOTAL: Equipment - Turbidity Screen/barrier Supplier Product Code: First Offer - $5.00 160 / hour $800.00 Y Bid Allowance $105,000.00 Lot Total $777,349.00 Supplier Total $882,349.00 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 4 C-35(d) Item # 9Attachment #4 Page 40 of 186 187 of 413 5 6 Molloy Brothers Inc Bid Contact tom molloy molloybrosinc@bellsouth.net Ph 954 -792 -9380 Address 800 NW 27 AveFort Luaderdale, FL 33311 Bid Notes Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached to this submittal. Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 253 -11666 --01 -01 BASE BID TOTAL: Well Point System Supplier Product Code:Supplier Notes: Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached here. First Offer - $2,475.00 12 / location $29,700.00 Y Y 253 -11666 --01 -02 BASE BID TOTAL: Well Point System -Additional Supplier Product Code:First Offer - $65.00 5 / location $325.00 Y 253 -11666 --01 -03 BASE BID TOTAL: By -Pass Supplier Product Code:First Offer - $450.00 8 / location $3,600.00 Y 253 -11666 --01 -04 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, 0 to -5 below existing grade. Supplier Product Code:First Offer - $4,500.00 10 / location $45,000.00 Y 253 -11666 --01 -05 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch,Elevation -5.01 to -10 below existing grade. Supplier Product Code:First Offer - $16,495.00 10 / location $164,950.00 Y 253 -11666 --01 -06 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, Elevation -10.01 to -15 below existing grade. Supplier Product Code:First Offer - $17,100.00 10 / location $171,000.00 Y 253 -11666 --01 -07 BASE BID TOTAL: Sewer Pipe 8 in or 10 in Additional Footage,Invert Elevation 0 to -5 below Supplier Product Code:First Offer - $100.00 10 / linear foot $1,000.00 Y 253 -11666 --01 -08 BASE BID TOTAL: Sewer Pipe -Additional Footage --5.01 to -10 below existing grade Supplier Product Code:First Offer - $120.00 10 / linear foot $1,200.00 Y 253 -11666 --01 -09 BASE BID TOTAL: Sewer Pipe -Additional Footage -10.01 to -15 below existing grade Supplier Product Code:First Offer - $140.00 10 / linear foot $1,400.00 Y 253 -11666 --01 -10 BASE BID TOTAL: Sewer Pipe 12 -inch or 15 -inch Additional Supplier Product Code:First Offer - $140.00 20 / linear foot $2,800.00 Y 253 -11666 --01 -11 BASE BID TOTAL: Sewer Pipe 18 -inch -Additional cost Supplier Product Code:First Offer - $160.00 20 / linear foot $3,200.00 Y 253 -11666 --01 -12 BASE BID TOTAL: Sewer Pipe 24 -inch -Additional cost Supplier Product Code:First Offer - $180.00 20 / linear foot $3,600.00 Y 253 -11666 --01 -13 BASE BID TOTAL: Remove pipe install new Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -14 BASE BID TOTAL: Lateral Supplier Product Code:First Offer - $750.00 10 / location $7,500.00 Y 253 -11666 --01 -15 BASE BID TOTAL: Lateral Additional Footage Supplier Product Code:First Offer - $8.00 125 / linear foot $1,000.00 Y 253 -11666 --01 -16 BASE BID TOTAL: Lateral Additional Supplier Product Code:First Offer - $100.00 10 / location $1,000.00 Y 253 -11666 --01 -17 BASE BID TOTAL: Manhole - from 0 feet to 5 feet. Supplier Product Code:First Offer - $4,500.00 1 / each $4,500.00 Y 253 -11666 --01 -18 BASE BID TOTAL: Manhole from 5 feet to 8 feet Supplier Product Code:First Offer - $12,500.00 1 / each $12,500.00 Y 253 -11666 --01 -19 BASE BID TOTAL: Manhole -from 8 feet to 12 feet. Supplier Product Code:First Offer - $16,850.00 1 / each $16,850.00 Y 253 -11666 --01 -20 BASE BID TOTAL: Manhole - 12 feet to 15 feet. Supplier Product Code:First Offer - $17,450.00 1 / each $17,450.00 Y 253 -11666 --01 -21 BASE BID TOTAL: Manhole -from 15 feet to 20 feet. Supplier Product Code:First Offer - $23,500.00 1 / each $23,500.00 Y 253 -11666 --01 -22 BASE BID TOTAL: Coring Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -23 BASE BID TOTAL: De -Mucking Supplier Product Code:First Offer - $18.00 100 / bank cubic yard $1,800.00 Y 253 -11666 --01 -24 BASE BID TOTAL: Ductile Iron Pipe Fittings Supplier Product Code:First Offer - $10.00 350 / pound $3,500.00 Y 253 -11666 --01 -25 BASE BID TOTAL: Limerock Base Supplier Product Code:First Offer - $21.00 2000 / square yard $42,000.00 Y 253 -11666 --01 -26 BASE BID TOTAL: Asphaltic Concrete Supplier Product Code:First Offer - $23.00 2000 / square yard $46,000.00 Y 253 -11666 --01 -27 BASE BID TOTAL: Milling & Paving Supplier Product Code:First Offer - $44.00 300 / square yard $13,200.00 Y 253 -11666 --01 -28 BASE BID TOTAL: MOT Residential Roads Supplier Product Code:First Offer - $650.00 16 / location $10,400.00 Y 253 -11666 --01 -29 BASE BID TOTAL: SOD -St. Augustine Supplier Product Code:First Offer - $0.50 5000 / square foot $2,500.00 Y 253 -11666 --01 -30 BASE BID TOTAL: SOD -Bahia Supplier Product Code:First Offer - $0.50 2000 / square foot $1,000.00 Y 253 -11666 --01 -31 BASE BID TOTAL: Sheet Piling Supplier Product Code:First Offer - $35.00 800 / square foot $28,000.00 Y 253 -11666 --01 -32 BASE BID TOTAL: Flowable Fill Supplier Product Code:First Offer - $150.00 40 / bank cubic yard $6,000.00 Y 253 -11666 --01 -33 BASE BID TOTAL: Steel Plates Supplier Product Code:First Offer - $1,785.00 8 / location $14,280.00 Y 253 -11666 --01 -34 BASE BID TOTAL: Labor - Forman Rates Supplier Product Code:First Offer - $50.00 110 / hour $5,500.00 Y 253 -11666 --01 -35 BASE BID TOTAL: Labor - Pipe Layer (Lead) Rates Supplier Product Code:First Offer - $39.00 110 / hour $4,290.00 Y 253 -11666 --01 -36 BASE BID TOTAL: Labor - Pipe Layer (Tail) Rates Supplier Product Code:First Offer - $35.00 110 / hour $3,850.00 Y 253 -11666 --01 -37 BASE BID TOTAL: Labor - Laborer Rates Supplier Product Code:First Offer - $27.00 110 / hour $2,970.00 Y 253 -11666 --01 -38 BASE BID TOTAL: Equipment -Excavator (Heavy duty) Rates Supplier Product Code:First Offer - $200.00 80 / hour $16,000.00 Y 253 -11666 --01 -39 BASE BID TOTAL: Equipment -Excavator (medium duty) Rates Supplier Product Code:First Offer - $175.00 40 / hour $7,000.00 Y 253 -11666 --01 -40 BASE BID TOTAL: Equipment -Excavator (small) Rates Supplier Product Code:First Offer - $150.00 15 / hour $2,250.00 Y 253 -11666 --01 -41 BASE BID TOTAL: Equipment -Loader (heavy duty) Rates Supplier Product Code:First Offer - $150.00 40 / hour $6,000.00 Y 253 -11666 --01 -42 BASE BID TOTAL: Equipment -Loader (medium duty) Rates Supplier Product Code:First Offer - $135.00 10 / hour $1,350.00 Y 253 -11666 --01 -43 BASE BID TOTAL: Equipment -Loader (small) Rates Supplier Product Code:First Offer - $134.00 30 / hour $4,020.00 Y 253 -11666 --01 -44 BASE BID TOTAL: Equipment -Combination Backhoe/Front End Loader Rates Supplier Product Code:First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -45 BASE BID TOTAL: Equipment - Vibratory compactor Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -46 BASE BID TOTAL: Equipment - Asphalt roller Rates Supplier Product Code: First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -47 BASE BID TOTAL: Equipment - Vibratory plate compactor Rates Supplier Product Code: First Offer - $65.00 8 / hour $520.00 Y 253 -11666 --01 -48 BASE BID TOTAL: Equipment - Road grader Rates Supplier Product Code: First Offer - $65.00 16 / hour $1,040.00 Y 253 -11666 --01 -49 BASE BID TOTAL: Equipment - Loy Boy 50 -T Rates Supplier Product Code: First Offer - $249.00 16 / hour $3,984.00 Y 253 -11666 --01 -50 BASE BID TOTAL: Equipment - Flatbed truck Rates Supplier Product Code: First Offer - $195.00 10 / hour $1,950.00 Y 253 -11666 --01 -51 BASE BID TOTAL: Equipment - Paver Rates Supplier Product Code: First Offer - $75.00 20 / hour $1,500.00 Y 253 -11666 --01 -52 BASE BID TOTAL: Equipment - Trench Box 6ft.x16ft. Rates Supplier Product Code: First Offer - $10.00 60 / hour $600.00 Y 253 -11666 --01 -53 BASE BID TOTAL: Equipment Trench Box, 8ft.x20ft Rates Supplier Product Code: First Offer - $12.00 60 / hour $720.00 Y 253 -11666 --01 -54 BASE BID TOTAL: Equipment - Trench Box, 8ft.x24ft. Rates Supplier Product Code: First Offer - $14.00 60 / hour $840.00 Y 253 -11666 --01 -55 BASE BID TOTAL: Equipment - Sediment Box, 7,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -56 BASE BID TOTAL: Equipment - Sediment Box, 9,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -57 BASE BID TOTAL: Equipment - Pump, 8in. Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -58 BASE BID TOTAL: Equipment - Pump, 6in Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -59 BASE BID TOTAL: Equipment - Pump, 4in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -60 BASE BID TOTAL: Equipment - Pump, 3in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -61 BASE BID TOTAL: Equipment - Pump, 2in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -62 BASE BID TOTAL: Equipment - Dump truck, single axle Supplier Product Code: First Offer - $55.00 60 / hour $3,300.00 Y 253 -11666 --01 -63 BASE BID TOTAL: Equipment - Dump truck, double axle Supplier Product Code: First Offer - $125.00 60 / hour $7,500.00 Y 253 -11666 --01 -64 BASE BID TOTAL: Equipment - Cut off saw Supplier Product Code: First Offer - $75.00 4 / hour $300.00 Y 253 -11666 --01 -65 BASE BID TOTAL: Equipment - Hydraulic concrete chain saw Supplier Product Code: First Offer - $100.00 4 / hour $400.00 Y 253 -11666 --01 -66 BASE BID TOTAL: Equipment - Small tools Supplier Product Code: First Offer - $40.00 110 / hour $4,400.00 Y 253 -11666 --01 -67 BASE BID TOTAL: Equipment - Turbidity Screen/barrier Supplier Product Code: First Offer - $5.00 160 / hour $800.00 Y Bid Allowance $105,000.00 Lot Total $777,349.00 Supplier Total $882,349.00 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 5 C-35(e) Item # 9Attachment #4 Page 41 of 186 188 of 413 5 6 Molloy Brothers Inc Bid Contact tom molloy molloybrosinc@bellsouth.net Ph 954 -792 -9380 Address 800 NW 27 AveFort Luaderdale, FL 33311 Bid Notes Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached to this submittal. Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 253 -11666 --01 -01 BASE BID TOTAL: Well Point System Supplier Product Code:Supplier Notes: Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached here. First Offer - $2,475.00 12 / location $29,700.00 Y Y 253 -11666 --01 -02 BASE BID TOTAL: Well Point System -Additional Supplier Product Code:First Offer - $65.00 5 / location $325.00 Y 253 -11666 --01 -03 BASE BID TOTAL: By -Pass Supplier Product Code:First Offer - $450.00 8 / location $3,600.00 Y 253 -11666 --01 -04 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, 0 to -5 below existing grade. Supplier Product Code:First Offer - $4,500.00 10 / location $45,000.00 Y 253 -11666 --01 -05 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch,Elevation -5.01 to -10 below existing grade. Supplier Product Code:First Offer - $16,495.00 10 / location $164,950.00 Y 253 -11666 --01 -06 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, Elevation -10.01 to -15 below existing grade. Supplier Product Code:First Offer - $17,100.00 10 / location $171,000.00 Y 253 -11666 --01 -07 BASE BID TOTAL: Sewer Pipe 8 in or 10 in Additional Footage,Invert Elevation 0 to -5 below Supplier Product Code:First Offer - $100.00 10 / linear foot $1,000.00 Y 253 -11666 --01 -08 BASE BID TOTAL: Sewer Pipe -Additional Footage --5.01 to -10 below existing grade Supplier Product Code:First Offer - $120.00 10 / linear foot $1,200.00 Y 253 -11666 --01 -09 BASE BID TOTAL: Sewer Pipe -Additional Footage -10.01 to -15 below existing grade Supplier Product Code:First Offer - $140.00 10 / linear foot $1,400.00 Y 253 -11666 --01 -10 BASE BID TOTAL: Sewer Pipe 12 -inch or 15 -inch Additional Supplier Product Code:First Offer - $140.00 20 / linear foot $2,800.00 Y 253 -11666 --01 -11 BASE BID TOTAL: Sewer Pipe 18 -inch -Additional cost Supplier Product Code:First Offer - $160.00 20 / linear foot $3,200.00 Y 253 -11666 --01 -12 BASE BID TOTAL: Sewer Pipe 24 -inch -Additional cost Supplier Product Code:First Offer - $180.00 20 / linear foot $3,600.00 Y 253 -11666 --01 -13 BASE BID TOTAL: Remove pipe install new Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -14 BASE BID TOTAL: Lateral Supplier Product Code:First Offer - $750.00 10 / location $7,500.00 Y 253 -11666 --01 -15 BASE BID TOTAL: Lateral Additional Footage Supplier Product Code:First Offer - $8.00 125 / linear foot $1,000.00 Y 253 -11666 --01 -16 BASE BID TOTAL: Lateral Additional Supplier Product Code:First Offer - $100.00 10 / location $1,000.00 Y 253 -11666 --01 -17 BASE BID TOTAL: Manhole - from 0 feet to 5 feet. Supplier Product Code:First Offer - $4,500.00 1 / each $4,500.00 Y 253 -11666 --01 -18 BASE BID TOTAL: Manhole from 5 feet to 8 feet Supplier Product Code:First Offer - $12,500.00 1 / each $12,500.00 Y 253 -11666 --01 -19 BASE BID TOTAL: Manhole -from 8 feet to 12 feet. Supplier Product Code:First Offer - $16,850.00 1 / each $16,850.00 Y 253 -11666 --01 -20 BASE BID TOTAL: Manhole - 12 feet to 15 feet. Supplier Product Code:First Offer - $17,450.00 1 / each $17,450.00 Y 253 -11666 --01 -21 BASE BID TOTAL: Manhole -from 15 feet to 20 feet. Supplier Product Code:First Offer - $23,500.00 1 / each $23,500.00 Y 253 -11666 --01 -22 BASE BID TOTAL: Coring Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -23 BASE BID TOTAL: De -Mucking Supplier Product Code:First Offer - $18.00 100 / bank cubic yard $1,800.00 Y 253 -11666 --01 -24 BASE BID TOTAL: Ductile Iron Pipe Fittings Supplier Product Code:First Offer - $10.00 350 / pound $3,500.00 Y 253 -11666 --01 -25 BASE BID TOTAL: Limerock Base Supplier Product Code:First Offer - $21.00 2000 / square yard $42,000.00 Y 253 -11666 --01 -26 BASE BID TOTAL: Asphaltic Concrete Supplier Product Code:First Offer - $23.00 2000 / square yard $46,000.00 Y 253 -11666 --01 -27 BASE BID TOTAL: Milling & Paving Supplier Product Code:First Offer - $44.00 300 / square yard $13,200.00 Y 253 -11666 --01 -28 BASE BID TOTAL: MOT Residential Roads Supplier Product Code:First Offer - $650.00 16 / location $10,400.00 Y 253 -11666 --01 -29 BASE BID TOTAL: SOD -St. Augustine Supplier Product Code:First Offer - $0.50 5000 / square foot $2,500.00 Y 253 -11666 --01 -30 BASE BID TOTAL: SOD -Bahia Supplier Product Code:First Offer - $0.50 2000 / square foot $1,000.00 Y 253 -11666 --01 -31 BASE BID TOTAL: Sheet Piling Supplier Product Code:First Offer - $35.00 800 / square foot $28,000.00 Y 253 -11666 --01 -32 BASE BID TOTAL: Flowable Fill Supplier Product Code:First Offer - $150.00 40 / bank cubic yard $6,000.00 Y 253 -11666 --01 -33 BASE BID TOTAL: Steel Plates Supplier Product Code:First Offer - $1,785.00 8 / location $14,280.00 Y 253 -11666 --01 -34 BASE BID TOTAL: Labor - Forman Rates Supplier Product Code:First Offer - $50.00 110 / hour $5,500.00 Y 253 -11666 --01 -35 BASE BID TOTAL: Labor - Pipe Layer (Lead) Rates Supplier Product Code:First Offer - $39.00 110 / hour $4,290.00 Y 253 -11666 --01 -36 BASE BID TOTAL: Labor - Pipe Layer (Tail) Rates Supplier Product Code:First Offer - $35.00 110 / hour $3,850.00 Y 253 -11666 --01 -37 BASE BID TOTAL: Labor - Laborer Rates Supplier Product Code:First Offer - $27.00 110 / hour $2,970.00 Y 253 -11666 --01 -38 BASE BID TOTAL: Equipment -Excavator (Heavy duty) Rates Supplier Product Code:First Offer - $200.00 80 / hour $16,000.00 Y 253 -11666 --01 -39 BASE BID TOTAL: Equipment -Excavator (medium duty) Rates Supplier Product Code:First Offer - $175.00 40 / hour $7,000.00 Y 253 -11666 --01 -40 BASE BID TOTAL: Equipment -Excavator (small) Rates Supplier Product Code:First Offer - $150.00 15 / hour $2,250.00 Y 253 -11666 --01 -41 BASE BID TOTAL: Equipment -Loader (heavy duty) Rates Supplier Product Code:First Offer - $150.00 40 / hour $6,000.00 Y 253 -11666 --01 -42 BASE BID TOTAL: Equipment -Loader (medium duty) Rates Supplier Product Code:First Offer - $135.00 10 / hour $1,350.00 Y 253 -11666 --01 -43 BASE BID TOTAL: Equipment -Loader (small) Rates Supplier Product Code:First Offer - $134.00 30 / hour $4,020.00 Y 253 -11666 --01 -44 BASE BID TOTAL: Equipment -Combination Backhoe/Front End Loader Rates Supplier Product Code:First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -45 BASE BID TOTAL: Equipment -Vibratory compactor Rates Supplier Product Code:First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -46 BASE BID TOTAL: Equipment -Asphalt roller Rates Supplier Product Code:First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -47 BASE BID TOTAL: Equipment -Vibratory plate compactor Rates Supplier Product Code:First Offer - $65.00 8 / hour $520.00 Y 253 -11666 --01 -48 BASE BID TOTAL: Equipment -Road grader Rates Supplier Product Code:First Offer - $65.00 16 / hour $1,040.00 Y 253 -11666 --01 -49 BASE BID TOTAL: Equipment -Loy Boy 50 -T Rates Supplier Product Code:First Offer - $249.00 16 / hour $3,984.00 Y 253 -11666 --01 -50 BASE BID TOTAL: Equipment -Flatbed truck Rates Supplier Product Code:First Offer - $195.00 10 / hour $1,950.00 Y 253 -11666 --01 -51 BASE BID TOTAL: Equipment -Paver Rates Supplier Product Code:First Offer - $75.00 20 / hour $1,500.00 Y 253 -11666 --01 -52 BASE BID TOTAL: Equipment -Trench Box 6ft.x16ft. Rates Supplier Product Code:First Offer - $10.00 60 / hour $600.00 Y 253 -11666 --01 -53 BASE BID TOTAL: Equipment Trench Box, 8ft.x20ft Rates Supplier Product Code:First Offer - $12.00 60 / hour $720.00 Y 253 -11666 --01 -54 BASE BID TOTAL: Equipment -Trench Box, 8ft.x24ft. Rates Supplier Product Code:First Offer - $14.00 60 / hour $840.00 Y 253 -11666 --01 -55 BASE BID TOTAL: Equipment - Sediment Box, 7,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -56 BASE BID TOTAL: Equipment - Sediment Box, 9,000 gal Supplier Product Code: First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -57 BASE BID TOTAL: Equipment - Pump, 8in. Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -58 BASE BID TOTAL: Equipment - Pump, 6in Supplier Product Code: First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -59 BASE BID TOTAL: Equipment - Pump, 4in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -60 BASE BID TOTAL: Equipment - Pump, 3in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -61 BASE BID TOTAL: Equipment - Pump, 2in. Supplier Product Code: First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -62 BASE BID TOTAL: Equipment - Dump truck, single axle Supplier Product Code: First Offer - $55.00 60 / hour $3,300.00 Y 253 -11666 --01 -63 BASE BID TOTAL: Equipment - Dump truck, double axle Supplier Product Code: First Offer - $125.00 60 / hour $7,500.00 Y 253 -11666 --01 -64 BASE BID TOTAL: Equipment - Cut off saw Supplier Product Code: First Offer - $75.00 4 / hour $300.00 Y 253 -11666 --01 -65 BASE BID TOTAL: Equipment - Hydraulic concrete chain saw Supplier Product Code: First Offer - $100.00 4 / hour $400.00 Y 253 -11666 --01 -66 BASE BID TOTAL: Equipment - Small tools Supplier Product Code: First Offer - $40.00 110 / hour $4,400.00 Y 253 -11666 --01 -67 BASE BID TOTAL: Equipment - Turbidity Screen/barrier Supplier Product Code: First Offer - $5.00 160 / hour $800.00 Y Bid Allowance $105,000.00 Lot Total $777,349.00 Supplier Total $882,349.00 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 6 C-35(f) Item # 9Attachment #4 Page 42 of 186 189 of 413 5 6 Molloy Brothers Inc Bid Contact tom molloy molloybrosinc@bellsouth.net Ph 954 -792 -9380 Address 800 NW 27 AveFort Luaderdale, FL 33311 Bid Notes Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached to this submittal. Item # Line Item Notes Unit Price Qty/Unit Total Price Attch. Docs 253 -11666 --01 -01 BASE BID TOTAL: Well Point System Supplier Product Code:Supplier Notes: Please note that a signed copy of Addendum 1 & 2 as well as our Bid Bond is attached here. First Offer - $2,475.00 12 / location $29,700.00 Y Y 253 -11666 --01 -02 BASE BID TOTAL: Well Point System -Additional Supplier Product Code:First Offer - $65.00 5 / location $325.00 Y 253 -11666 --01 -03 BASE BID TOTAL: By -Pass Supplier Product Code:First Offer - $450.00 8 / location $3,600.00 Y 253 -11666 --01 -04 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, 0 to -5 below existing grade. Supplier Product Code:First Offer - $4,500.00 10 / location $45,000.00 Y 253 -11666 --01 -05 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch,Elevation -5.01 to -10 below existing grade. Supplier Product Code:First Offer - $16,495.00 10 / location $164,950.00 Y 253 -11666 --01 -06 BASE BID TOTAL: Sewer Pipe 8 -inch or 10 -inch, Elevation -10.01 to -15 below existing grade. Supplier Product Code:First Offer - $17,100.00 10 / location $171,000.00 Y 253 -11666 --01 -07 BASE BID TOTAL: Sewer Pipe 8 in or 10 in Additional Footage,Invert Elevation 0 to -5 below Supplier Product Code:First Offer - $100.00 10 / linear foot $1,000.00 Y 253 -11666 --01 -08 BASE BID TOTAL: Sewer Pipe -Additional Footage --5.01 to -10 below existing grade Supplier Product Code:First Offer - $120.00 10 / linear foot $1,200.00 Y 253 -11666 --01 -09 BASE BID TOTAL: Sewer Pipe -Additional Footage -10.01 to -15 below existing grade Supplier Product Code:First Offer - $140.00 10 / linear foot $1,400.00 Y 253 -11666 --01 -10 BASE BID TOTAL: Sewer Pipe 12 -inch or 15 -inch Additional Supplier Product Code:First Offer - $140.00 20 / linear foot $2,800.00 Y 253 -11666 --01 -11 BASE BID TOTAL: Sewer Pipe 18 -inch -Additional cost Supplier Product Code:First Offer - $160.00 20 / linear foot $3,200.00 Y 253 -11666 --01 -12 BASE BID TOTAL: Sewer Pipe 24 -inch -Additional cost Supplier Product Code:First Offer - $180.00 20 / linear foot $3,600.00 Y 253 -11666 --01 -13 BASE BID TOTAL: Remove pipe install new Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -14 BASE BID TOTAL: Lateral Supplier Product Code:First Offer - $750.00 10 / location $7,500.00 Y 253 -11666 --01 -15 BASE BID TOTAL: Lateral Additional Footage Supplier Product Code:First Offer - $8.00 125 / linear foot $1,000.00 Y 253 -11666 --01 -16 BASE BID TOTAL: Lateral Additional Supplier Product Code:First Offer - $100.00 10 / location $1,000.00 Y 253 -11666 --01 -17 BASE BID TOTAL: Manhole - from 0 feet to 5 feet. Supplier Product Code:First Offer - $4,500.00 1 / each $4,500.00 Y 253 -11666 --01 -18 BASE BID TOTAL: Manhole from 5 feet to 8 feet Supplier Product Code:First Offer - $12,500.00 1 / each $12,500.00 Y 253 -11666 --01 -19 BASE BID TOTAL: Manhole -from 8 feet to 12 feet. Supplier Product Code:First Offer - $16,850.00 1 / each $16,850.00 Y 253 -11666 --01 -20 BASE BID TOTAL: Manhole - 12 feet to 15 feet. Supplier Product Code:First Offer - $17,450.00 1 / each $17,450.00 Y 253 -11666 --01 -21 BASE BID TOTAL: Manhole -from 15 feet to 20 feet. Supplier Product Code:First Offer - $23,500.00 1 / each $23,500.00 Y 253 -11666 --01 -22 BASE BID TOTAL: Coring Supplier Product Code:First Offer - $500.00 6 / each $3,000.00 Y 253 -11666 --01 -23 BASE BID TOTAL: De -Mucking Supplier Product Code:First Offer - $18.00 100 / bank cubic yard $1,800.00 Y 253 -11666 --01 -24 BASE BID TOTAL: Ductile Iron Pipe Fittings Supplier Product Code:First Offer - $10.00 350 / pound $3,500.00 Y 253 -11666 --01 -25 BASE BID TOTAL: Limerock Base Supplier Product Code:First Offer - $21.00 2000 / square yard $42,000.00 Y 253 -11666 --01 -26 BASE BID TOTAL: Asphaltic Concrete Supplier Product Code:First Offer - $23.00 2000 / square yard $46,000.00 Y 253 -11666 --01 -27 BASE BID TOTAL: Milling & Paving Supplier Product Code:First Offer - $44.00 300 / square yard $13,200.00 Y 253 -11666 --01 -28 BASE BID TOTAL: MOT Residential Roads Supplier Product Code:First Offer - $650.00 16 / location $10,400.00 Y 253 -11666 --01 -29 BASE BID TOTAL: SOD -St. Augustine Supplier Product Code:First Offer - $0.50 5000 / square foot $2,500.00 Y 253 -11666 --01 -30 BASE BID TOTAL: SOD -Bahia Supplier Product Code:First Offer - $0.50 2000 / square foot $1,000.00 Y 253 -11666 --01 -31 BASE BID TOTAL: Sheet Piling Supplier Product Code:First Offer - $35.00 800 / square foot $28,000.00 Y 253 -11666 --01 -32 BASE BID TOTAL: Flowable Fill Supplier Product Code:First Offer - $150.00 40 / bank cubic yard $6,000.00 Y 253 -11666 --01 -33 BASE BID TOTAL: Steel Plates Supplier Product Code:First Offer - $1,785.00 8 / location $14,280.00 Y 253 -11666 --01 -34 BASE BID TOTAL: Labor - Forman Rates Supplier Product Code:First Offer - $50.00 110 / hour $5,500.00 Y 253 -11666 --01 -35 BASE BID TOTAL: Labor - Pipe Layer (Lead) Rates Supplier Product Code:First Offer - $39.00 110 / hour $4,290.00 Y 253 -11666 --01 -36 BASE BID TOTAL: Labor - Pipe Layer (Tail) Rates Supplier Product Code:First Offer - $35.00 110 / hour $3,850.00 Y 253 -11666 --01 -37 BASE BID TOTAL: Labor - Laborer Rates Supplier Product Code:First Offer - $27.00 110 / hour $2,970.00 Y 253 -11666 --01 -38 BASE BID TOTAL: Equipment -Excavator (Heavy duty) Rates Supplier Product Code:First Offer - $200.00 80 / hour $16,000.00 Y 253 -11666 --01 -39 BASE BID TOTAL: Equipment -Excavator (medium duty) Rates Supplier Product Code:First Offer - $175.00 40 / hour $7,000.00 Y 253 -11666 --01 -40 BASE BID TOTAL: Equipment -Excavator (small) Rates Supplier Product Code:First Offer - $150.00 15 / hour $2,250.00 Y 253 -11666 --01 -41 BASE BID TOTAL: Equipment -Loader (heavy duty) Rates Supplier Product Code:First Offer - $150.00 40 / hour $6,000.00 Y 253 -11666 --01 -42 BASE BID TOTAL: Equipment -Loader (medium duty) Rates Supplier Product Code:First Offer - $135.00 10 / hour $1,350.00 Y 253 -11666 --01 -43 BASE BID TOTAL: Equipment -Loader (small) Rates Supplier Product Code:First Offer - $134.00 30 / hour $4,020.00 Y 253 -11666 --01 -44 BASE BID TOTAL: Equipment -Combination Backhoe/Front End Loader Rates Supplier Product Code:First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -45 BASE BID TOTAL: Equipment -Vibratory compactor Rates Supplier Product Code:First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -46 BASE BID TOTAL: Equipment -Asphalt roller Rates Supplier Product Code:First Offer - $65.00 10 / hour $650.00 Y 253 -11666 --01 -47 BASE BID TOTAL: Equipment -Vibratory plate compactor Rates Supplier Product Code:First Offer - $65.00 8 / hour $520.00 Y 253 -11666 --01 -48 BASE BID TOTAL: Equipment -Road grader Rates Supplier Product Code:First Offer - $65.00 16 / hour $1,040.00 Y 253 -11666 --01 -49 BASE BID TOTAL: Equipment -Loy Boy 50 -T Rates Supplier Product Code:First Offer - $249.00 16 / hour $3,984.00 Y 253 -11666 --01 -50 BASE BID TOTAL: Equipment -Flatbed truck Rates Supplier Product Code:First Offer - $195.00 10 / hour $1,950.00 Y 253 -11666 --01 -51 BASE BID TOTAL: Equipment -Paver Rates Supplier Product Code:First Offer - $75.00 20 / hour $1,500.00 Y 253 -11666 --01 -52 BASE BID TOTAL: Equipment -Trench Box 6ft.x16ft. Rates Supplier Product Code:First Offer - $10.00 60 / hour $600.00 Y 253 -11666 --01 -53 BASE BID TOTAL: Equipment Trench Box, 8ft.x20ft Rates Supplier Product Code:First Offer - $12.00 60 / hour $720.00 Y 253 -11666 --01 -54 BASE BID TOTAL: Equipment -Trench Box, 8ft.x24ft. Rates Supplier Product Code:First Offer - $14.00 60 / hour $840.00 Y 253 -11666 --01 -55 BASE BID TOTAL: Equipment -Sediment Box, 7,000 gal Supplier Product Code:First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -56 BASE BID TOTAL: Equipment -Sediment Box, 9,000 gal Supplier Product Code:First Offer - $25.00 60 / hour $1,500.00 Y 253 -11666 --01 -57 BASE BID TOTAL: Equipment -Pump, 8in. Supplier Product Code:First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -58 BASE BID TOTAL: Equipment -Pump, 6in Supplier Product Code:First Offer - $45.00 40 / hour $1,800.00 Y 253 -11666 --01 -59 BASE BID TOTAL: Equipment -Pump, 4in. Supplier Product Code:First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -60 BASE BID TOTAL: Equipment -Pump, 3in. Supplier Product Code:First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -61 BASE BID TOTAL: Equipment -Pump, 2in. Supplier Product Code:First Offer - $40.00 8 / hour $320.00 Y 253 -11666 --01 -62 BASE BID TOTAL: Equipment -Dump truck, single axle Supplier Product Code:First Offer - $55.00 60 / hour $3,300.00 Y 253 -11666 --01 -63 BASE BID TOTAL: Equipment -Dump truck, double axle Supplier Product Code:First Offer - $125.00 60 / hour $7,500.00 Y 253 -11666 --01 -64 BASE BID TOTAL: Equipment -Cut off saw Supplier Product Code:First Offer - $75.00 4 / hour $300.00 Y 253 -11666 --01 -65 BASE BID TOTAL: Equipment -Hydraulic concrete chain saw Supplier Product Code:First Offer - $100.00 4 / hour $400.00 Y 253 -11666 --01 -66 BASE BID TOTAL: Equipment -Small tools Supplier Product Code:First Offer - $40.00 110 / hour $4,400.00 Y 253 -11666 --01 -67 BASE BID TOTAL: Equipment - Turbidity Screen/barrier Supplier Product Code: First Offer - $5.00 160 / hour $800.00 Y Bid Allowance $105,000.00 Lot Total $777,349.00 Supplier Total $882,349.00 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 7 C-35(g) Item # 9Attachment #4 Page 43 of 186 D 190 of 413 Item # 9Attachment #4 Page 44 of 186 Annual Utilities Restoration Molloy Bros. Inc. Project 11905 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written . (CORPORA TE SEAL) CITY OF FORT LAUDERDALE, a municipal corporation of the State of Florida ATTEST : By ~co JEFF~~-MODARELLI City Clerk Approved as to Legal Form : Assistant City Attorney C-36 191 of 413 Item # 9Attachment #4 Page 45 of 186 WITNESSES : \f\! l 1\ \tL D: 1 tJ\ i I \er Print Name Le on t:ktl\ Print Name (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF BROWARD: CONTRACTOR MOLLOY BROS . INC ., a Florida corporation . Tn orY1 aS ~ ,M ol l oy --'-P_re_s._. __ PRINT NAME Title ATTEST: BY: C1>~i rvu,ll mg« Cn6 <S-iaA tvt o \\o)' PRINT NAME Secretary The foregoing instrument was acknowledged before me this ~ day of Fe-b , 2016, by 1homa,c, \N twJJoy of MOLLOY BROS. INC., a Florida corporation, on behalf of the Corporation. SEAL ry ublic, State of Florida !>''~:'. ~~*~· LEILA BAILU S *. --1 * MY· COMMISSION IE E 849128 ~ : EXP IRE S: Nove mber 5, 20 16 "'~ 'f AF 11 0~<>"' Bonded Thru Budget Notary Service, Name of Notary Typed , Printed or Stamped 0 Personally Known or O Produced Identification : Type of Identification Produced : ________ _ C-37 192 of 413 Item # 9Attachment #4 Page 46 of 186 INSURANCE/SURETY BONDS January 8, 2016 City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301-1016 Re: Molloy Brothers, Inc. Fort Lauderdale, Florida To Whom It May Concern: This letter will certify that Western Surety Company is providing bonding credit on behalf of Molloy Brothers, Inc. in the amount of $1,000,000 . Western Surety Company is part of the CNA group of insurance companies and has been in business since 1900. Western Surety Company has an A.M. Best rating of A:XIII and is admitted to do business in the State of Florida. If you have any questions, please feel free to contact our office. ~ Yours very truly, WESTERN SURETY COMPANY ~~ Francis T. O'Reardon, Attorney-in-Fact Florida Resident Agent FO'R/jhb P.O. Drawer 672 • Orlando, FL 32802-0672 • 801 N. Orange Avenue, Suite 510 • Orlando, FL 32801 -5202 (407) 843-1120 (800) 331-3379 • FAX (407) 843-5772 193 of 413 CERTIFICATE HOLDER ©1988-2010 ACORD CORPORATION.All rights reserved.ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS WC STATU- TORY LIMITS OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201005).01 1/18/2016 Alan Williams & Assoc Ins Agency Inc 13720-2 Ben C. Pratt/ Six Mile Cypress Pkwy Ft.Myers FL 33912 Karen Gross (239)418-1100 (239)418-1164 karen@awainsurance.com Molloy Bros, Inc. 800 NW 27th Ave Fort Lauderdale FL 33311 Ohio Casualty Insurance 24074 Ohio Security Insurance Co.24082 15/16 Molloy Bros UMBRELLA ADDED A X X x Site Pollution X X BKO52434517/GL 5/7/2015 5/7/2016 1,000,000 300,000 15,000 1,000,000 2,000,000 2,000,000 Pollution $250,000 B X X X PIP $10,000 X BAS55595213 5/7/2015 5/7/2016 1,000,000 Medical payments 1,000 A X X X 10,000 USO55595213 05/07/2015 05/07/2016 2,000,000 2,000,000 PEO A INLAND MARINE BKO52434517 IM 5/7/2015 5/7/2016 PER SCHEDULE Project: P11905 - Annual Utilities Restoration (CONTRACT City of Fort Lauderdale is named as additional insured. Jeff Williams/CL7 City of Fort Lauderdale 100 N Andrews Avenue Fort Lauderdale, FL 33301 Item # 9Attachment #4 Page 47 of 186 ACORD® I ~ I - ,--D D ,---n n n ,---- ,--,---- -H I I I I I D 194 of 413 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/16/2016 SUNZ Insurance Solutions, LLC. ID:(Amer. Emp Grp) c/o American Employer Group III, Inc. 800 Oak Ridge Turnpike Suite A-702 Oak Ridge , TN 37830 865-481-0910 877-299-9849 SUNZ Insurance Company 34762 Aspen Re - London - Best Rating "A+" Chaucer Syndicate - Lloyds - Best Rating "A+" Faraday Syndicate - Lloyds - Best Rating "A+" A WCPEO000008905 10/1/2015 10/1/2016 3 WCPEO000008904 10/1/2014 10/1/2015 1,000,000 1,000,000 1,000,000 B Workers Compensation This is for informational purposes C Excess Coverage and nothing shall create any right D under such reinsurance. Glen J Distefano Cora Rutherford cora.rutherford@aegpeo.com Madison PEO of Florida Inc., Madison PEO of Florida, Inc. I 225 West Seminole Blvd, Suite 103 Sanford FL 32771 28582251 Location coverage effective: 6/22/15 The City of Fort Lauderdale 100 N Andrews Ave Fort Lauderdale, FL 33301 >Coverage provided for all leased employees but not subcontractors of: Molloy Bros. Inc. 28582251 | Master Certificate Madison | Erin Gassaway | 2/16/2016 2:55:12 PM (CST) | Page 1 of 1 Item # 9Attachment #4 Page 48 of 186 ~ D D ~ ~ Fl D D ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I D 195 of 413 Item # 9Attachment #4 Page 49 of 186 MEMORANDUM DATE: February 22, 2016 TO: James Kelly, Sr. Claims Adjuster FROM: Maureen Lewis, Procurement Division SUBJECT: Project 11905 -Annual Utilities Restoration (MOLLOY) Please review the attachments listed below in connection with the referenced contract: D Insurance certificate D Bonding Capacity Letter ($882,349) If the City's requirements are met, please sign below and return. Thank you. James Kelly Sr. Claims Adjust r c: Project File Contract T-file E.T.S Date. 196 of 413 Item # 9Attachment #4 Page 50 of 186 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 1/18/2016 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 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 ~2~~~CT Karen Gross Alan Williams & Assoc Ins Agency Inc r.t1Wtt "·"· (239l 41s-1100 I FAX IA/C Nol: (239) 418-1164 13720-2 Ben C. Pratt/ ioMD'}{~SS: karen@awainsurance.com Six Mile Cypress Pkwy INSURER(Sl AFFORDING COVERAGE NAIC# Ft.Myers FL 33912 INSURER A ,Ohio Casual tv Insurance l24074 INSURED INSURER B :Ohio Securi tv Insurance Co. 124082 Molloy Bros, Inc. INSURER C : INSURER D: 800 NW 27th Ave INSURERE: Fort Lauderdale FL 33311 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 Molloy Bros REVISION NUMBER:UMBRELLA ADDED THIS IS TO CER TI FY 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 ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSR 1 .. n,o POLICY NUMBER IMM/DD/YYYYI IMM/00/YYYYl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence I $ 300,000 A I CLAIMS-MADE [iJ OCCUR X BKO52434517/GL 5/7/2015 15/7/2016 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 xl POLICY n ~[,fl,: nLOC $ AUTOMOBILE LIABILITY {E~~~b~~~llNGLE LIMIT $ 1 000 000 B X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED )3AS55595213 5/7/2015 ~/7/2016 AUTOS AUTOS BODILY INJURY (Per accidenl) $ -x NON-OWNED PROPERTY DAMAGE X $ -HIRED AUTOS -AUTOS f Per accident\ X PIP $10,000 Medical oavments $ 1 000 X UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 2,000,000 - A EXCESS LIAB CLAIMS-MADE USO55595213 05/07/2015 05/07/2016 AGGREGATE $ 2,000,000 OED I X I RETENTION$ 10,00( $ WORKERS COMPENSATION I WC STATU· I 1°1~-AND EMPLOYERS' LIABILITY TORY LIMITS Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) ~EO E.L. DISEASE • EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A INLAND MARINE )3K052434517 IM 5/7/2015 ~/7/2016 PER SCHEDULE DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) Project: P11905 -Annual Utilities Restoration (CONTRACT Certificated Holder is named as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Lauderdale ACCORDANCE WITH THE POLICY PROVISIONS, 100 N Andrews Avenue Fort Lauderdale, FL 33301 AUTHORIZED REPRESENTATIVE Jeff Wiiliams/CL7 ~~ ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INSO?!; 1?n1nn~1 01 Tha Arns:1n n::uno. 2nrl lnnn !:lllro. ro.nic::to.rorl m!:lllrkc:: nf Ar:n~n 197 of 413 City of Fort Lauderdale • Procurement Services Division 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 purchase@fortlauderdale.gov ITB 253-11666 PROJECT 11905 ANNUAL UTILITIES RESTORATION ______________________________________________________________________________ ADDENDUM NUMBER 1 November 9, 2015 __________________________________________________________________________________________ The following Addendum is hereby made a part of the Plans and Specifications and shall be included with all contract documents: Acknowledge receipt of this Addendum by inserting its number and date on the Construction Bid Certification. All changes are in bold, red italics. 1. ADD: On Invitation to Bid document as well as Special Conditions item 08. REQUIRED LICENSES CERTIFICATIONS: A General Contractors License is also acceptable if the contractor experience requirements are also met in accordance with Detailed Specifications; CONTRACTOR EXPERIENCE. 2. CLARIFICATION: All paragraphs stating that this will be a one year contract with three annual renewals are to be disregarded. This will be a two year contract with two renewal options. All other terms, conditions, and specifications remain unchanged. James T. Hemphill Senior Procurement Specialist Company Name: _______________________________________________________ (please print) Bidder’s Signature: ___________________________________________________________ Date: ______________________________________________________________________ Item # 9Attachment #4 Page 51 of 186 198 of 413 City of Fort Lauderdale • Procurement Services Division 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 purchase@fortlauderdale.gov ITB 253-11666 PROJECT 11905 ANNUAL UTILITIES RESTORATION ______________________________________________________________________________ ADDENDUM NUMBER 2 November 19, 2015 __________________________________________________________________________________________ The following Addendum is hereby made a part of the Plans and Specifications and shall be included with all contract documents: Acknowledge receipt of this Addendum by inserting its number and date on the Construction Bid Certification. 1. Questions and responses OVERALL BID QUESTIONS Question 1 What is the estimated budget for this project? (Submitted: Oct 25, 2015 9:27:31 AM EDT) Answer • Between $850,000 and 1M (Answered: Oct 27, 2015 5:22:16 PM EDT) edit Question 2 The contract is lacking a mobilization/demobilization item. Is this correct? Mobilization costs cover, but are not limited to; moving equipment on and off the job, insurance and bonding costs of the repair. (Submitted: Oct 27, 2015 3:57:04 PM EDT) Answer • Correct, there is not line item for mobilization/demobilization. These costs are to be included in each line item unit cost pricing. Refer to Detailed Specifications first paragraph. (Answered: Oct 27, 2015 5:22:16 PM EDT) edit Question 3 Do State Certified General Contractors qualify for this bid? (Submitted: Oct 28, 2015 3:10:36 PM EDT) Answer • Yes, if the contractor experience requirements are also met in accordance with Detailed Specifications; CONTRACTOR EXPERIENCE. (Answered: Nov 2, 2015 12:29:58 PM EST) edit Question 4 Please explain how to bid Item 18. ITEM 18: the number of plates depends on the extent (i.e.: depth, duration) of the repair. For contract purposes, this cannot be calculated as a "per location" item. For example, the plate cost for a major road repair over months is completely different from the cost of a single lane repair overnight, as is the amount of plates required to secure a 5 ft. hole verses a 20 ft. hole. (Submitted: Oct 28, 2015 3:57:39 PM EDT) Answer edit Item # 9Attachment #4 Page 52 of 186 -lilJ -lilJ -lilJ II I -lilJ II I 199 of 413 City of Fort Lauderdale • Procurement Services Division 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 purchase@fortlauderdale.gov • The average repair required under this contract usually takes 1 to 3 days to complete. On rare occasions there may be a repair that takes 3 to 5 days to complete. (Answered: Nov 2, 2015 12:29:58 PM EST) Question 5 Can we be provided with the bid tabulation from the previous contract? (Submitted: Oct 29, 2015 4:55:00 PM EDT) Answer • It has been added to the Documents Page on BIDSYNC (Answered: Nov 3, 2015 9:08:25 AM EST) edit Question 6 Since this contract will be awarded to 4 different vendors, will the pricing of the lowest vendor be used for all four, or each vendor uses their own bid amounts? If you use your own pricing will the determination to issue task orders be influenced on vendor pricing or solely on performance and responsiveness? Will multiple vendors be asked to price the same task order in order to obtain the best price? If the lowest price vendor also gives the best service, can they be expected to be given all or a majority of the task orders? This question is asked because if the work is going to be divided equally, there's no point in being the lowest, just being 4th place, and considering there are very few contractors who have the ability to do this work, there won't be a large group of bidders. We just need to know that if the lowest bidder also is responsive to City needs they will receive the first opportunity. (Submitted: Oct 29, 2015 5:11:00 PM EDT) Answer • 1. Pricing of lowest will not be used for all four. Each vendors pricing will stand for their individual bid 2. own pricing will be used - Awards will be as stated in Special Conditions paragraph 16, 'Award' 3. Multiple vendors will not be asked to price the same task order - pricing on task orders will be in accordance with bid price. 4. Award will be as stated in Special Conditions paragraph 16, 'Award' (Answered: Nov 2, 2015 12:29:58 PM EST) edit Question 7 Contract states one year contract with three annual renewals. Bid sync states 2 year contract with two annual renewals. Which is correct? (Submitted: Oct 29, 2015 5:14:50 PM EDT) Answer • This will be a two year contract with two renewal options (Answered: Nov 2, 2015 12:29:58 PM EST) edit Question 8 Under the T&M portion of the bid(22-24), we're being told the rates should be according to blue book, yet in a previous answer we're told to incorporate mobilization into our bid items. Mobbing a big piece of equipment for a 3 hour minimum use will be expensive. Incorporating that cost into the t&m costs may put some items out of the blue book pricing. Either a mob fee should be added to the t&m portion of the bid, or the line "Rates shall be per latest edition of the Rental Rate Blue Book" should be removed. (Submitted: Oct 29, 2015 5:30:07 PM EDT) Answer • Equipment rate is to be per latest edition of Blue Book. Bid amount is to include all costs associated with operating the equipment as stated in Detailed Specifications. (Answered: Nov 2, 2015 12:29:58 PM EST) edit Question 9 Hello, the bid tabulation posted shows just a total. Can we please get the actual bid breakdown per line item. (Submitted: Nov 4, 2015 1:13:54 PM EST) edit Item # 9Attachment #4 Page 53 of 186 -.... ~ ---------------------~~ ~-----·I -IllJ -IllJ -IllJ -IllJ -IllJ 200 of 413 City of Fort Lauderdale • Procurement Services Division 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 purchase@fortlauderdale.gov Answer • On BIDSYNC Documents page (Answered: Nov 9, 2015 10:21:57 AM EST) Question 10 Can we get all the Unit Prices Bid not just the Total Number? (Submitted: Nov 4, 2015 8:31:55 PM EST) Answer • On BIDSYNC Documents page (Answered: Nov 9, 2015 10:21:57 AM EST) edit Question 11 Can we assume that your answer to Question 4 (Road Plates) is an unlimited amount of plates for an unlimited amount of time? (Submitted: Nov 10, 2015 3:24:36 PM EST) Answer • No. However, the number plates and duration would be determined by the contractor’s mean and methods required to complete the work. (Answered: Nov 10, 2015 4:55:23 PM EST) edit Question 12 The contract states that the contractor must pay inspector overtime for any work out side of the normal work hours. Do we have to pay overtime when Broward County requires us to work on nights and weekends only? (Submitted: Nov 10, 2015 3:30:27 PM EST) Answer • If the work hours are a condition of a permit or of the authority having jurisdiction, the contractor is not responsible for the City Inspector overtime cost. Please refer to Detailed Specifications: Inspector Overtime. (Answered: Nov 12, 2015 12:21:23 PM EST) edit Question 13 When Broward County requires us to work daytime hours only (9am - 4pm) with all equipment moved in and out, this makes a 5 day job into a 10 day job which would also require 10 mob demob situation, would we be compensated in any way for this? (Submitted: Nov 10, 2015 3:51:27 PM EST) Answer • The Work Order and subsequent cost estimate used to prepare the Task Order should include all costs associated with completing the work. Please refer to Special Conditions: #16 Award, and Detailed Specifications: Procedures for Assigning Work. (Answered: Nov 12, 2015 12:06:32 PM EST) edit Question 14 We aggree with question 8 when you add the operator and mob to the equation the Blue Book goes out the window. (Submitted: Nov 10, 2015 4:24:41 PM EST) Answer • There is no question to respond to. (Answered: Nov 12, 2015 12:06:32 PM EST) edit Question 15 In regards to Special Conditons paragraph 16, as I understand it separate task orders will be issued to all 4 chosen vendors regardless of their bid price. Is that a correct assumption? Some vendor or vendors can be given more task orders if they perform better than the others regardless of price? (Submitted: Nov 11, 2015 1:05:19 PM EST) Answer • Award and assignment of work will be as stated in Special Conditions #16, and Detailed Specifications: Procedures for edit Item # 9Attachment #4 Page 54 of 186 -lilJ -lilJ -lilJ -lilJ -lilJ -lilJ 201 of 413 City of Fort Lauderdale • Procurement Services Division 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 purchase@fortlauderdale.gov Assignment of Work. (Answered: Nov 12, 2015 12:21:23 PM EST) Question 16 In the special conditions, # 12 it states that a bond will be required for each task order. Does this mean that the City will request an estimate, then issue a task order, then the contractor will provide a bond for that specific task order? (Submitted: Nov 12, 2015 3:54:31 PM EST) Answer • Yes, however City will be requesting a quote (not an estimate). (Answered: Nov 13, 2015 9:11:42 AM EST) edit 2. Per Q/A dated 11/2/15, State Certified General Contractors are allowed to participate in this project if the contractor experience requirements are also met in accordance with Detailed Specifications; CONTRACTOR EXPERIENCE All other terms, conditions, and specifications remain unchanged. James T. Hemphill Senior Procurement Specialist Company Name: _______________________________________________________ (please print) Bidder’s Signature: ___________________________________________________________ Date: ______________________________________________________________________ Item # 9Attachment #4 Page 55 of 186 -IIlJ 202 of 413 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 9Item # 9Attachment #4 Page 56 of 186 i,... City of Fort Lauderdale • Procurement Services Division 100 N. Andrews Avenue, 619 • Fort Lauderdale, Florida 33301 954 -828-5933 Fax 954-828 -5576 pu rchase@fortlauderdale .gov 1TB 253-11666 PROJECT 11905 ANNUAL UTILITIES RESTORATION ADDENDUM NUMBER 1 November 9, 2015 The following Addendum is hereby made a part of the Plans and Specifications and shall be included with all contract documents: Acknowledge receipt of this Addendum by inserting its number and date on the Construction Bid Certification. All changes are in bold, red italics. 1. ADD: On Invitation to Bid document as well as Special Conditions item 08. REQUIRED LICENSES CERTIFICATIONS : A General Contractors License is also acceptable if the contractor experience requirements are also met in accordance with Detailed Specifications; CONTRACTOR EXPERIENCE. 2. CLARIFICATION: All paragraphs stating that this will be a one year contract with three annual renewals are to be disregarded. This will be a two year contract with two renewal options. All other terms, conditions, and specifications remain unchanged . f~Y~ Senior Procurement Specialist Company Name: __ .c.M..Ll,oJ.l\Ui.lt°"..q.__~6L.!.tc&~i...;_-.1!..ln..=l...:.. _________ _ r :w~le~:?R~t~t) Bidder's Signature: __ \._.../~::::;;;-;----.1,~L~ez;,.=:::::!::::::~~-=-..:;__~~:...::...--=--h,,------------ Date : ______ \.L!\:....,./~·2,::::..3>=-J...i-"-Z~d _;,lo"-'------------ 203 of 413 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 10Item # 9Attachment #4 Page 57 of 186 City of Fo rt Lauderdale• Procurement Services Divis io n 100 N. A ndrews Avenue, 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 purchase@fortlauderdale.gov 1TB 253-11666 PROJECT 11905 ANNUAL UTILITIES RESTORATION ADDENDUM NUMBER 2 November 19, 2015 The following Adden dum is hereby made a part of the Plans and Specifications and shall be included with all contract documents : Acknowledge receipt of this Addendum by inserting its number and date on the Construction Bid Certification. 1. Questions and responses Question 1 What is the ~i:imated budget for this project? (Submitted: Oct 25, 2015 9:27:31 A..lVI EDT) Answer • Between $850,000 and lM (Answered: Oct 27, 20155:22:16PM EDT) Question2 1l1e contract is lacking a mobilization/demobilization item. Is thi s correct? Mobilization costs cover , but are not limited to ; moving equipment on and off the job, insurance and bonding costs of the repair. (Submitted: Oct 27, 2015 3:57:04 PM EDT) Answer • Correct, U1ere is not line item for mobilization/demobilization. ·n1ese costs are to be included in each liJ1e item unit co st pricing. Refer to Detailed Specification s first paragraph. (A nswered: Oct 27 , 2015 5:22:16 PM EDT) Question3 Do State Certified General Contractors qualify for this bid? (Submitted: Oct 28, 2015 3: 10:36 PM EDT) Answer • Yes , if the contractor experience requiremen ts are also met in accordance with Detailed Specifications ; CONTRACTOR EXPERJJ ~NCE. (Answered: Nov 2, 2015 12:29:58 PM EST) Qucstion4 Please explain how to bid Item l 8. ITEM 18: the number of plates depends on the extent(i.e.: depth, duration) of the repair. For contract purposes, this cannot be calculated as a "per location" item For example , U1e plat e cost for a major road repair over months is completel y different from the cost of a sing le lane repair edi t [IJ overnight, as is the amount of plate s required to secure a 5 ft. hole verses a 20 ft. hole. (Submitted: Oc128, 2015 3:57:39 PM EDT) Answer 204 of 413 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 11Item # 9Attachment #4 Page 58 of 186 City of Fort Lauderdale• Procurement Services Divis io n 100 N. Andrews Avenue, 619 • Fort Lauderdale, F lorida 33301 954-828-5933 Fax 954-828-5576 purchase@fortla uderdale. gov • Ine average repa ir required under this contract usually takes 1 to 3 days to comp lete. On rare occasions there may be a repair that takes 3 to 5 days to compl ete. (Answered: Nov 2, 201512:29:58 PM EST) Question 5 Can we be provided with the bid tabulation from the previous contract? (Submitted: Oct 29, 20154:55:00 PM EDT) Answer • It has been added to \h e Documents Page on BIDSYNC (Answered: Nov 3, 2015 9:08:25 AM EST) Question 6 Since this contract will be awarded to 4 different ven dors , will the pricing of the lowest ve ndor be used for all fo ur, or each vendor uses their own bid amounts? If you use your own pricing wi ll the determination to issue ta sk orders be influenced on vendor pricing or solely on performance and responsivene ss? Will multip le vendor s be asked to price the same ta sk order in order to obtain the best price? If the lowe st price vendor also give s tJ1e best service , can the y be expected to be given all or a majority of the task orders? This question is asked beca use if the work is go in g to be div ided equall y, fuere's no point in being the lowest,just being 4th place, and considering there are very few contractor s who have the ability to do this work, there won't be a large group of bidders. We just need to know that if the lowest bidder al so is respo nsive lo City needs the y will receive t11e firs t opportmu ty. (Submitted: Oct 29, 2015 5: 11:00 PM EDT) edit lilf Answer • 1. Pricing of lowest will not be used fo r all fo ur. Each vendors pricing will stand for th eir individual bid 2. own p1icing will be used-Awards will be as stated in Special Conditions paragraph 16, 'Award' 3. Multiple vendors will not be asked to price the same task order -pricing on task orders will be in accordance with bid price. 4. Award will be as stated in Special Co ndition s paragraph 16 , 'Award' (A nswered: Nov 2, 201512:29:SSPMEST) Question 7 Contract states one year contract wifu thr ee annual renewals . Bid sync states 2 year contract with two annual renewals. vVhich is correct? (Submitted: Oct 29, 2015 5: 14:50 PM E DT) Answer • ·nus wi ll be a two year contract with two ren ewal options (A nswered: Nov 2, 2015 12:29:58 PM E ST) Question8 Un der the T&M portion of the bid(22 -24 ), we're being to ld the rates shoul d be according to blue book, yet in a previous answer we're told to incorporate mobilization into our bid items. M obbing a big piece of equipm ent for a 3 hour minimum use will be expensive. Incorporating that co st into the t&m co sts may put some ite ms out of the blue book pricing. Either a mob fee should be added to the t&m portion of the bid, or the line "Rates shall be per latest edition of the Re ntal Rate Blue Book" should be removed. (Subm itted : Oct 29, 2015 5:30:07 PM EDT) Answer • Equipment rate is to be per latest edition of Blue Book Bid amom1t is to include all costs associated with operating the equipment as stated in Deta iled Specifications . (Answ ered: Nov 2, 2015 12:29:58 PM EST) Question 9 He llo , the bid tabulation posted shows JU St a total. Can we plea se get the actual bid breakdown per line item. (Sub mitt<.~,, Nov 4, 201s U3,54 PM EST) Answer 205 of 413 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 12Item # 9Attachment #4 Page 59 of 186 Question 10 City of Fort Lauderdale • Proc urement Services Division 100 N. Andrew s Avenue , 619 • Fort Lauderdal e, Florida 33301 954-828-5933 Fa x 954-828-5576 ourchase@fortlauderdale.gov • On BID SYNC Documents page (Answered: Nov 9, 2015 I 0:21:57 AM EST) Can we get all the Unit Prices Bid not just the Total Number? (Submitted: Nov 4, 201 5 8:31 :55PMEST) Answer • On BIDSYNC Doc um ent s page (Answered: Nov 9, 201510:21:57 AM EST) Question 11 Can we ass um e tliat your answer to Question 4 (Road Plates) is an urilimited am0tmt of plates fo r an urilimited amount of time? (S ub mitted: Nov 10, 2015 3:24:36 PM EST) Answer • No. However, 1he number plates and dura tion would be determined by the contractor 's mean and meth ods required to complete the work (Answered: Nov 10, 2015 4:55:23 PM EST) Question 12 The contract states th at the contractor must pay inspector overtime for any work out side of the normal work hours. Do we have to pay overtime when Broward Cow1ty requires us to work on nights and weekends only? (Submitted: Nov Io, 2015 3:30:27 PM EST) Answer • If the work hours are a conditio n of a pe1mit or of the authority having jurisdiction, the contractor is not responsible for the City In spector overtime cost. Please refer to Detailed Specifications: Inspector Overtime. (Answered : Nov 12, 201512:21:23 PM EST) Question 13 When Broward Co m1ty requires us to work daytime hours only (9am-4pm) with all equipment moved in and out, this makes a 5 day job into a 10 day JOb which would also require 10 mob demob situation, wou ld we be compensated in any way for this? (Submitted: Nov 10, 2015 3:51:27 PM ES'I) Answer • The Work Order and subsequent cost estimate used to prepare the Task Order should include all costs assoc iated ,vith co mpl eting the work Please refer to Spec ial Conditions: # 16 A ward, an d Detailed Specifications: Procedures for Ass igning Work (A nswered: Nov 12 , 2015 12:06:32 PM EST) Question 14 We aggree \\~th q ues tion 8 when you add tl1e operator and mob to tl1e equation tl1 e Blue Book goes out the \\~ndow (Submitted : Nov 10, 2015 4:24:41 PM EST) Answer • There is no question to respond to. (Answered: Nov 12, 201512:06:32 PM ESr) Question 15 In regards to Spec ial Co ndi tons paragraph J 6, as I understand it separate task orders ,vill be issued to all 4 chosen ve ndors regardles s of their bid price. Is that a correct assumption? Some vendor or ven dor s can be given more task orders if they perfonn better than the others regardl ess of price? (Submitted: Nov 11 , 2015 t :05:19PM EST) Answer • Award and assigmnent of work wi ll be as stated in Special Conditions #16, and Detailed Specifications: Procedures for Assignment of Work. (Answe red: Nov 12, 201 5 12:21:23 PM EST) 206 of 413 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 13Item # 9Attachment #4 Page 60 of 186 Question 16 City of Fort Lauderdale • Procurement Services Division 100 N. Andrews Avenue , 619 • Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 ourchase@fortlauderdale.aov In the special conditions, # 12 it states that a bond will be required for each task order. Does fuis mean that the City will request an estimate, then issue a task order , then the contractor will provide a bond for that specific task order? (S ubmitted: Nov 12, 2015 3:54:31 PM EST) Answer • Yes , however City will be requesting a quote (not an estimate). (Answered: Nov 13, 2015 9: 11:42 AM EST) 2. Per Q/A dated 11/2/15, State Certified General Contractors are allowed to participate in this project if the contractor experience requirements are also met in accordance with Detailed Specifications; CONTRACTOR EXPERIENCE All other terms, conditions, and specifications remain unchanged. f~Y~ Senior Procurement Specialist Company Name: ____ (\/\:..__o_\_\ O'/____._-=~-VD.~~~-,_\.:.._n-=L _______ _ Bidder's Signature: --~'""=-=-=-A~~~~<J.;~~~-eoc:.:su~4,-,,,,;.i?zj:....:in_t-J) l.lo<~'-"' ,a,s,:~---------- Date: ______ ____!_l \:...L/'7,~3 :::.....!/__:' 'ZD=---=..:...._l 7.c...__7 _______ _ 207 of 413 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 14Item # 9Attachment #4 Page 61 of 186 THE AMERICAN INSTITUTE OF ARCHITECTS AJA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that w,tre¥.~~~rin~!eoa~d' a~~~~ or lega l title of Contr acto r) 800 N.W. 27th Avenue, Fort Lauderdale, Florida 33311 as Principal, hereinafter called the Principal, and Western Surety Company . (Here insert full name and addr ess or legal ti tle of Surety) 333 S. Wabash Ave., Floor 22 Chicago, Illinois 60604 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fort Lauderdale (Here i nse rt full name and addre ss or legal t itle of Owner) 100 North Andrews Avenue, 4th Floor, Fort Lauderdale, Florida 33301 as Obligee, hereinafter called the Obligee, in the sum of Five Per Cent of the Amount of the Bid Dollars ($5% of the Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here inse rt full name , address and desc ription of project) Bid No. 253-11666, Project No. 11905 Annual Utilities Restoration NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Pr incipal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance o f such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void , otherwise to remain in full force and effect. Signed and sealed this 24th day of November _ :.W2015. (Witness) Molloy Bros., Inc. I( 212,._~ fu . /tie) (Seal) ~ Western Surety Company ,/4,,( · (Sure~L. (Sea/) (Witness ) u ... ;: ~~ ~ . Francis T. O'Reardon /Title) Attorney-in-Fact Florida Resident Agent AIA DOCUMENT AllO • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE ., N.W., WASHINGTON, D . C. 20006 1 208 of 413 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 15Item # 9Attachment #4 Page 62 of 186 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Deidre Ann Sullivan, Joseph D Johnson Jr, Francis T O'Reardon, Brett A Ragland, Joseph D Johnson III, Kanani Cordero, Individually of Orlando, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of November, 2015. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY On this 9th day of November, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMP ANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to}ie the act and deed of said corporation. My commission expires February 12, 2021 /, CERTIFICATE S. Eich, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse ~er1of is still in force. In testimony whereof_ I have hereunto subscribed my name and affixed the seal of the said corporation this 24:tft., day of NO II e,m b-e-v ' 2/) 15 W E S T E RN S U R E TY C 0 M . .P ANY Form F4280-7-2012 209 of 413 5 6 CITY OF FORT LAUDERDALE PUBLIC WORKS DEPARTMENT MINORITY BUSINESS ENTERPRISE (MBE) - WOMEN BUSINESS ENTERPRISE (WBE) PRIME CONTRACTOR IDENTIFICATION FORM In order to assist us in identifying the status of those companies doing business with the City of Fort Lauderdale, this form must be completed and returned with your bid package. Please check the item(s) which properly identify the status of your firm: Our firm is not a MBE or WBE. Our firm is a MBE, as at least 51 percent is owned and operated by one or more socially and economically disadvantaged individuals. American Indian Asian Black Hispanic Our firm is a WBE, as at least 51 percent is owned and operated by one or more women. American Indian Asian Black Hispanic MBE/WBE CONTRACTOR INFORMATION The City, in a continuing effort, is encouraging the increased participation of minority and women - owned businesses in Public Works Department related contracts. Along those lines, we are requiring that each firm provide documentation detailing their own programs for utilizing minority and women -owned businesses. Submit this information as a part of this bid package and refer to the checklist, to ensure that all areas of concern are covered. The low responsive bidder may be contacted to schedule a meeting to discuss these objectives. It is our intention to proceed as quickly as possible with this project, so your cooperation in this matter is appreciated. CONTRACTOR CHECKLIST List Previous City of Fort Lauderdale Contracts Awarded previous annual utilities contracts: 2015 -2014,2014 -2013, 2013 -2012, 2012 -2011, 2011 -2010... Number of Employees in your firm 8 --Percent (12.5 %) Women --Percent (62.5 %) Minorities --Job Classifications of Women and Minorities Managerial to Labor Use of minority and/or women subcontractors on past projects. 10% Nature of the work subcontracted to minority and/or women -owned firms. Concrete How are subcontractors notified of available opportunities with your firm? 5 Anticipated amount to be subcontracted on this project. 10% Anticipated amount to be subcontracted to minority and/or women -owned businesses on this project. 10% Name of Firm:Molloy Bros Inc Address of Firm:800 NW 27 Ave Telephone Number:954 -792 -9380 Name of Person Completing Form: Leila Bailus Title:Operations Manager Signature:Leila Bailus Date:11/23/2015 City Project Number:Bid #253 -11666 City Project Description:Annual Utilities Restoration         253-11666City of Fort Lauderdale BidSync12/22/2015 p. 16Item # 9Attachment #4 Page 63 of 186 D D D D D D D D D D D 210 of 413 5 6 CITY OF FORT LAUDERDALEPUBLIC WORKS DEPARTMENTMINORITY BUSINESS ENTERPRISE (MBE) - WOMEN BUSINESS ENTERPRISE (WBE)PRIME CONTRACTOR IDENTIFICATION FORMIn order to assist us in identifying the status of those companies doing business with the City of Fort Lauderdale, this form must be completed and returned with your bid package.Please check the item(s) which properly identify the status of your firm: Our firm is not a MBE or WBE. Our firm is a MBE, as at least 51 percent is owned and operated by one or more socially and economically disadvantaged individuals. American Indian Asian Black Hispanic Our firm is a WBE, as at least 51 percent is owned and operated by one or more women. American Indian Asian Black Hispanic MBE/WBE CONTRACTOR INFORMATION The City, in a continuing effort, is encouraging the increased participation of minority and women - owned businesses in Public Works Department related contracts. Along those lines, we are requiring that each firm provide documentation detailing their own programs for utilizing minority and women -owned businesses. Submit this information as a part of this bid package and refer to the checklist, to ensure that all areas of concern are covered. The low responsive bidder may be contacted to schedule a meeting to discuss these objectives. It is our intention to proceed as quickly as possible with this project, so your cooperation in this matter is appreciated. CONTRACTOR CHECKLIST List Previous City of Fort Lauderdale Contracts Awarded previous annual utilities contracts: 2015 -2014,2014 -2013, 2013 -2012, 2012 -2011, 2011 -2010... Number of Employees in your firm 8 --Percent (12.5 %) Women --Percent (62.5 %) Minorities --Job Classifications of Women and Minorities Managerial to Labor Use of minority and/or women subcontractors on past projects. 10% Nature of the work subcontracted to minority and/or women -owned firms. Concrete How are subcontractors notified of available opportunities with your firm? 5 Anticipated amount to be subcontracted on this project. 10% Anticipated amount to be subcontracted to minority and/or women -owned businesses on this project. 10% Name of Firm:Molloy Bros IncAddress of Firm:800 NW 27 AveTelephone Number:954 -792 -9380Name of Person Completing Form:Leila BailusTitle:Operations ManagerSignature:Leila BailusDate:11/23/2015City Project Number:Bid #253 -11666City Project Description:Annual Utilities Restoration        253-11666City of Fort Lauderdale BidSync12/22/2015 p. 17Item # 9Attachment #4 Page 64 of 186 D D D D D D D 211 of 413 55 66 TRENCH SAFETY Bidder acknowledges that included in the appropriate bid items of his bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act, Florida Statutes 553.60 –553.64. The bidder further identifies the costs of such compliance to be summarized below: Total: $1.00 The bidder certifies that all trench excavation done within his control in excess of five feet (5') in depth shall be in accordance with the Occupational Safety and Health Administration ’s excavation safety standards, C.F.R. s. 1926.650 Subpart P., and the Florida Trench Safety Act, Florida Statutes 553.60 -553.64. Failure to complete the above may result in the bid being declared non -responsive. DATE: 11/23/2015 Thomas W. Molloy (SIGNATURE) STATE OF: Florida COUNTY OF: Broward PERSONALLY APPEARED BEFORE ME, the undersigned authority, Thomas W. Molloy (Name of Individual Signing) Thomas W. Molloy who, after first being duly sworn by me, Thomas W. Molloy affixed his/her signature in the space provided above on this 23 day of November , 20 15 . Leila Bailus NOTARY PUBLIC My Commission Expires: 11/05/2016 Trench Safety Measure (Description) Units of Measure (LF/SF) Unit (Quantity) Unit Cost Extended Cost A.slope LF 1 $1.00 $1.00 B.$$ C.$$ D.$$ 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 18Item # 9Attachment #4 Page 65 of 186 u u 212 of 413 5 6 QUESTIONNAIRE SHEET PLEASE PRINT OR TYPE: What was the last project of this nature which you completed? City of Fort Lauderdale Annual Utilities Contract 11905 (2014 -current) The following are named as three corporations and representatives of those corporations for which you have performed work similar to that required by this contract, and  which  the City may contact as  your  references   (include addresses and telephone numbers): The City of Oakland Park, Art Saey The City of Pompano Beach, Steve Calvin Giordano & Assoc., Don Windham How many years has your organization been in business? 42 Have you ever failed to complete work awarded to you; if so, where and why? No The name of the qualifying agent for the firm and his position is: Thomas W. Molloy Certificate of Competency Number of Qualifying Agent:  78 -595 Effective Date: 08/26/2015                                Expiration Date: 08/26/2017 Licensed in:  FL                                Contractor ’s License #(s) RU11066528                        (County/State)                Expiration Date: 08/26/2015 NOTE: To be considered for award of this contract, the bidder must submit a financial statement upon request. Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. QUESTIONNAIRE SHEET 1.Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 2.         Will you sublet any part of this work?  If so, list the portions or specialties of the work that  you will. a) Concrete b) c) d) e) f) g) 3.What equipment do you own that is available for the work? Including but not limited to: excavator (large & small), low -boy, flat -bed truck, dump trucks, milling machine, paving machine, well point system, pumps (2"-12"), wacker, tool trailer 4.What equipment will you purchase for the proposed work? TBD 5.What equipment will you rent for the proposed work? When required, including but not limited to: trench box, large pumps Firm Name: Molloy Bros Inc President Thomas W. Molloy Business Address: 800 NW 27 Ave. Fort Lauderdale, FL 33311 Telephone: 954 -792 - 9380 Fax: 954 -792 -9381 E -Mail Address: molloybrosinc@bellsouth.net 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 19Item # 9Attachment #4 Page 66 of 186 213 of 413 5 6 QUESTIONNAIRE SHEETPLEASE PRINT OR TYPE:What was the last project of this nature which you completed?City of Fort Lauderdale Annual Utilities Contract 11905 (2014 -current)The following are named as three corporations and representatives of those corporations for which you have performed work similar to that required by this contract, and  which  the City may contact as  your  references  (include addresses and telephone numbers):The City of Oakland Park, Art Saey The City of Pompano Beach, Steve Calvin Giordano & Assoc., Don Windham How many years has your organization been in business? 42Have you ever failed to complete work awarded to you; if so, where and why?NoThe name of the qualifying agent for the firm and his position is: Thomas W. Molloy Certificate of Competency Number of Qualifying Agent:  78 -595 Effective Date: 08/26/2015                                Expiration Date: 08/26/2017 Licensed in:  FL                                Contractor ’s License #(s) RU11066528                        (County/State)                Expiration Date: 08/26/2015 NOTE: To be considered for award of this contract, the bidder must submit a financial statement upon request. Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. QUESTIONNAIRE SHEET 1.Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 2.         Will you sublet any part of this work?  If so, list the portions or specialties of the work that  you will. a) Concrete b) c) d) e) f) g) 3.What equipment do you own that is available for the work? Including but not limited to: excavator (large & small), low -boy, flat -bed truck, dump trucks, milling machine, paving machine, well point system, pumps (2"-12"), wacker, tool trailer 4.What equipment will you purchase for the proposed work? TBD 5.What equipment will you rent for the proposed work? When required, including but not limited to: trench box, large pumps Firm Name: Molloy Bros IncPresident Thomas W. MolloyBusiness Address: 800 NW 27 Ave. Fort Lauderdale, FL 33311Telephone: 954 -792 -9380 Fax: 954 -792 -9381E-Mail Address: molloybrosinc@bellsouth.net 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 20Item # 9Attachment #4 Page 67 of 186 214 of 413 5 6 QUESTIONNAIRE SHEETPLEASE PRINT OR TYPE:What was the last project of this nature which you completed?City of Fort Lauderdale Annual Utilities Contract 11905 (2014 -current)The following are named as three corporations and representatives of those corporations for which you have performed work similar to that required by this contract, and  which  the City may contact as  your  references  (include addresses and telephone numbers):The City of Oakland Park, Art Saey The City of Pompano Beach, Steve Calvin Giordano & Assoc., Don Windham How many years has your organization been in business? 42Have you ever failed to complete work awarded to you; if so, where and why?NoThe name of the qualifying agent for the firm and his position is: Thomas W. MolloyCertificate of Competency Number of Qualifying Agent:  78 -595Effective Date: 08/26/2015                                Expiration Date: 08/26/2017Licensed in:  FL                                Contractor ’s License #(s) RU11066528                       (County/State)               Expiration Date: 08/26/2015NOTE: To be considered for award of this contract, the bidder must submit a financial statement upon request. Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. QUESTIONNAIRE SHEET 1.Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 2.         Will you sublet any part of this work?  If so, list the portions or specialties of the work that  you will. a) Concrete b) c) d) e) f) g) 3.What equipment do you own that is available for the work? Including but not limited to: excavator (large & small), low -boy, flat -bed truck, dump trucks, milling machine, paving machine, well point system, pumps (2"-12"), wacker, tool trailer 4.What equipment will you purchase for the proposed work? TBD 5.What equipment will you rent for the proposed work? When required, including but not limited to: trench box, large pumps Firm Name: Molloy Bros IncPresident Thomas W. MolloyBusiness Address: 800 NW 27 Ave. Fort Lauderdale, FL 33311Telephone: 954 -792 -9380 Fax: 954 -792 -9381E-Mail Address: molloybrosinc@bellsouth.net 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 21Item # 9Attachment #4 Page 68 of 186 u 215 of 413 5 6 LOCAL BUSINESS PREFERENCE Section 2 -199.2, Code of Ordinances of the City of Fort Lauderdale, (Ordinance No. C -12 -04), provides for a local business preference.   In order to be considered for a local business preference, a bidder must include the Local Business Preference Certification Statement of this ITB, as applicable to the local business preference class claimed at the time of bid submittal : Upon formal request of the City, based on the application of a Local Business Preference the Bidder shall within ten (10) calendar days submit the following documentation to the Local Business Preference Class claimed: A)  Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year business tax receipt, and B)  List of the names of all employees of the bidder and evidence of employees ’ residence within the geographic bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current Florida driver license, residential utility bill (water, electric, telephone, cable television), or other type of similar documentation acceptable to the City. Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the local business preference. THE COMPLETE LOCAL BUSINESS PREFERENCE ORDINANCE MAY BE FOUND ON THE CITY ’S WEB SITE AT THE FOLLOWING LINK:   http:/www.fortlauderdale.gov/purchasing/index.htm Definitions:  The term “Business ” shall mean a person, firm, corporation or other business entity which is duly licensed and authorized to engage in a particular work in the State of Florida.  Business shall be broken down into four (4) types of classes: 1.Class A Business –shall mean any Business that has established and agrees to maintain a permanent place of business located in a non -residential zone and staffed with full -time employees within the limits of the City and shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City.     2.Class B Business -shall mean any Business that has established and agrees to maintain a permanent place of business located in a non -residential zone and staffed with full -time employees within the limits of the City or shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City.    3.Class C Business -shall mean any Business that has established and agrees to maintain a permanent place of business located in a non -residential zone and staffed with full -time employees within the limits of Broward County. 4.Class D Business –shall mean any Business that does not qualify as either a Class A, Class B, or Class C business. LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT The Business identified below certifies that it qualifies for the local BUSINESS preference classification as indicated herein, and further certifies and agrees that it will re -affirm its local preference classification annually no later than  thirty (30) calendar days prior to the anniversary of  the date of a contract awarded pursuant to this ITB. Violation of the foregoing provision may result in contract termination. (1) is a Class A Business as defined in City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2.  A copy of the City of  Fort Lauderdale current year Business Tax Receipt and a complete list of full -time employees and their addresses shall be provided within 10 calendar days of a formal request by the City.    Business Name (2) Molloy Bros., Inc. is a Class B Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2. A copy of the Business Tax Receipt or a complete list of full -time employees and their addresses shall be provided within 10 calendar days of a formal request by the City.    Business Name (3) is a Class C Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2.  A copy of  the Broward County Business Tax Receipt shall be provided within 10 calendar days of a formal request by the City.    Business Name (4) requests a Conditional Class A classification as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 - 199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City.    Business Name (5) requests a Conditional Class B classification as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 - 199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City.    Business Name (6) is considered a Class D Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2. and does not qualify for Local Preference consideration. Business Name BIDDER ’S COMPANY:Molloy Bros., Inc. AUTHORIZED COMPANY PERSON:Thomas W. Molloy 11/23/2015 NAME                     SIGNATURE                       DATE 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 22Item # 9Attachment #4 Page 69 of 186 216 of 413 5 6 LOCAL BUSINESS PREFERENCESection 2 -199.2, Code of Ordinances of the City of Fort Lauderdale, (Ordinance No. C -12 -04), provides for a local business preference.  In order to be considered for a local business preference, a bidder must include the Local Business Preference Certification Statement of this ITB, as applicable to the local business preference class claimed at the time of bid submittal : Upon formal request of the City, based on the application of a Local Business Preference the Bidder shall within ten (10) calendar days submit the following documentation to the Local Business Preference Class claimed:A)  Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year business tax receipt, andB)  List of the names of all employees of the bidder and evidence of employees ’ residence within the geographic bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current Florida driver license, residential utility bill (water, electric, telephone, cable television), or other type of similar documentation acceptable to the City.Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the local business preference.THE COMPLETE LOCAL BUSINESS PREFERENCE ORDINANCE MAY BE FOUND ON THE CITY ’S WEB SITE AT THE FOLLOWING LINK:  http:/www.fortlauderdale.gov/purchasing/index.htmDefinitions:  The term “Business ” shall mean a person, firm, corporation or other business entity which is duly licensed and authorized to engage in a particular work in the State of Florida.  Business shall be broken down into four (4) types of classes:1.Class A Business –shall mean any Business that has established and agrees to maintain a permanent place of business located in a non -residential zone and staffed with full -time employees within the limits of the City and shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City.    2.Class B Business -shall mean any Business that has established and agrees to maintain a permanent place of business located in a non -residential zone and staffed with full -time employees within the limits of the City or shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City.   3.Class C Business -shall mean any Business that has established and agrees to maintain a permanent place of business located in a non -residential zone and staffed with full -time employees within the limits of Broward County. 4.Class D Business –shall mean any Business that does not qualify as either a Class A, Class B, or Class C business. LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT The Business identified below certifies that it qualifies for the local BUSINESS preference classification as indicated herein, and further certifies and agrees that it will re -affirm its local preference classification annually no later than  thirty (30) calendar days prior to the anniversary of  the date of a contract awarded pursuant to this ITB. Violation of the foregoing provision may result in contract termination. (1) is a Class A Business as defined in City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2.  A copy of the City of  Fort Lauderdale current year Business Tax Receipt and a complete list of full -time employees and their addresses shall be provided within 10 calendar days of a formal request by the City.    Business Name (2) Molloy Bros., Inc. is a Class B Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2. A copy of the Business Tax Receipt or a complete list of full -time employees and their addresses shall be provided within 10 calendar days of a formal request by the City.    Business Name (3) is a Class C Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2.  A copy of  the Broward County Business Tax Receipt shall be provided within 10 calendar days of a formal request by the City.    Business Name (4) requests a Conditional Class A classification as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 - 199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City.    Business Name (5) requests a Conditional Class B classification as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 - 199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City.    Business Name (6) is considered a Class D Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2. and does not qualify for Local Preference consideration. Business Name BIDDER ’S COMPANY:Molloy Bros., Inc. AUTHORIZED COMPANY PERSON:Thomas W. Molloy 11/23/2015 NAME                     SIGNATURE                       DATE 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 23Item # 9Attachment #4 Page 70 of 186 lJ 217 of 413 55 66 CONTRACT PAYMENT METHOD The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City is transitioning from traditional paper checks to credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale, to receive your payment fast and safely. No more waiting for checks to be printed and mailed. In accordance with Article 7, item 7.6 of the contract, payments on this contract will be made utilizing the City ’s P -Card. Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. Please indicate with which credit card you prefer to be paid: Master Card Visa Card   Company Name:Molloy Bros Inc Signature:Thomas W. Molloy Print Name Title:Thomas W. Molloy 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 24Item # 9Attachment #4 Page 71 of 186 u D D u 218 of 413 55 66 LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT The Business identified below certifies that it qualifies for the local BUSINESS preference classification as indicated herein, and further certifies and agrees that it will re -affirm it ’s local preference classification annually no later than   thirty (30) calendar days prior to the anniversary of the date of a contract awarded pursuant to this ITB. Violation of the foregoing provision may result in contract termination. BIDDER ’S COMPANY: Molloy Bros,. Inc. (1) is a Class A Business as defined in City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2.  A copy of the City of Fort Lauderdale current year  Business Tax Receipt and a complete list of full -time employees and evidence of their addresses shall be provided within 10 calendar days of a formal request by the City.    Business Name (2) Molloy Bros., Inc. is a Class B Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2. A copy of the Business Tax Receipt or a complete list of full -time employees and evidence of their addresses shall be provided within 10 calendar days of a formal request by the City.    Business Name (3) is a Class C Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2.  A copy of the Broward County Business Tax  Receipt shall be provided within 10 calendar days of a formal request by the City.    Business Name (4) requests a Conditional Class A classification as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City.    Business Name (5) requests a Conditional Class B classification as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City.    Business Name (6) is considered a Class D Business as defined in the City of Fort Lauderdale Ordinance No. C -12 -04, Sec.2 -199.2. and does not qualify for Local Preference consideration. Business Name AUTHORIZED COMPANY PERSON: Thomas W. Molloy Thomas W. Molloy 11/23/2015 NAME SIGNATURE DATE 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 25Item # 9Attachment #4 Page 72 of 186 u u 219 of 413 5 6 CONSTRUCTION BID CERTIFICATION Please Note: All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) Molloy Bros., Inc. Address: 800 NW 27 Ave City: Fort Lauderdale State: FL Zip: 33311 Telephone No. 954 -792 -9380 FAX No. 954 -792 -9381 Email: molloybrosinc@bellsouth.net Does your firm qualify for MBE or WBE status:  MBE  WBE If a corporation, state the name of the President, Secretary and Resident Agent. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name. _____________________________________________________________________________________________ ADDENDUM ACKNOWLEDGEMENT - Bidder acknowledges that the following addenda have been received and are included in the bid: _____________________________________________________________________________________________ VARIANCES : If you take exception or have variances to any term, condition, specification, or requirement in this bid you must specify such variance in the space provided below or reference in the space provided below all variances contained on other pages within your bid. Additional pages may be attached if necessary. No variances will be deemed to be part of the bid submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your response electronically through BIDSYNC you must also click the “Take Exception ” button. N/A The below signatory affirms that he has or will obtain all required permits and licenses from the appropriate agencies, and that his firm is authorized to do business in the State of Florida. The below signatory agrees to furnish all labor, tools, material, equipment and supplies, and to sustain all the expense incurred in doing the work set forth in strict accordance with the bid plans and contract documents at the unit prices indicated if awarded a contract. The below signatory has not divulged to, discussed, or compared this bid with other bidders, and has not colluded with any other bidder or parties to this bid whatsoever. Furthermore, the undersigned guarantees the truth and accuracy of all statements and answers contained in this bid. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a bid, that in no event shall the City ’s liability for bodder ’s direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City ’s protest ordinance contained in this competitive solicitation. Submitted by: Thomas W. Molloy President Name Title Name Title Name Title Name Name Addendum No. Date Received Addendum No. Date Received Addendum No. Date Received Addendum No. Date Received 1 11/23/2015 2 11/23/2015 n/a n/a n/a n/a Leila Bailus Leila Bailus Name (printed)Signature 11/23/2015 11/23/2015 Date:Date: 253-11666City of Fort Lauderdale BidSync12/22/2015 p. 26Item # 9Attachment #4 Page 73 of 186 D D u 220 of 413 CITY OF FORT LAUDERDALE CONTRACT AND SPECIFICATIONS PACKAGE BID NO. 253-11666 PROJECT NO. 11905 ANNUAL UTILITIES RESTORATION Issued on Behalf of: The Public Works Department 100 North Andrews Avenue Fort Lauderdale, Florida 33301 JEAN EXAMOND PROJECT MANAGER II JAMES T. HEMPHILL SENIOR PROCUREMENT SPECIALIST Telephone: (954) 828-5143 E-mail: jhemphill@fortlauderdale.gov Item # 9Attachment #4 Page 74 of 186 o<c C) oRT f 221 of 413 TOC-1 TABLE OF CONTENTS DESCRIPTION Pages I. Invitation to Bid ............................................................................................ ITB-1 thru ITB-2 Instruction to Bidders ........................................................................................ IB-1 thru IB-6 Special Conditions ........................................................................................ SC-1 thru SC-8 II. PROPOSAL Construction Bid Certification ............................................................................. CITB CBC-1 Questionnaire Sheets ........................................................................... CITB QS-1 thru QS-2 III. CONTRACTOR IDENTIFICATION Local Business Preference ............................................................... CITB LBP-1 thru LBP-2 Minority Business Enterprise ........................................................... CITB MBE-1 thru MBE-2 Non-Collusion Statement ................................................................................... CITB NCS-1 IV. CONSTRUCTION AGREEMENT (SAMPLE) ................................................... C-1 thru C-37 V. GENERAL CONDITIONS ........................................................................... GC-1 thru GC-10 VI. SPECIFICATIONS Detailed Specifications ................................................................................. DS-1 thru- DS-7 DIVISION 22 - PLUMBING 221313 Facility Sanitary Sewers ……………………………………………………………… 20 221316 Sanitary Waste and Vent Piping …………………………………………………….. 21 Note: The following documents are available electronically for completion. Attachment 1 - Construction Bid Certification (formerly CITB Signature Page) Attachment 2 - CITB Questionnaire Sheets (formerly P-4 to P-5) Attachment 4 - CITB Local Business Preference (LBP-1 & 2) Attachment 5 - CITB Prime Contractor ID Form (MBE-1 & 2) Attachment 6 - CITB Non-Collusion Statement (NCS-1) Attachment 7 - CITB Contract Payment Method These documents must be returned with your bid along with your bid security, proof of insurance, and proof of required licenses/certifications. Item # 9Attachment #4 Page 75 of 186 222 of 413 ITB-1 INVITATION TO BID Sealed bids will be received electronically until 2:00 P.M. on TUESDAY, NOVEMBER 24, 2015, and opened immediately thereafter in the 5th Floor Conference Room, City Hall, City of Fort Lauderdale, Florida, 100 North Andrews Avenue, for BID NO., 253-11666, PROJECT NO., 11905, ANNUAL UTILITIES RESTORATION. This project is located City-wide, in the City of Fort Lauderdale. The work includes, but is not limited to, repairing gravity sewer mains, as well as other sanitary sewer repairs and construction, limited storm sewer, pressure pipe repairs and construction and related work as needed at various locations throughout the City and the City’s utility service area, and associated roadway and right-of-way restoration. NOTE: Payment on this contract will be made by Visa or MasterCard. Possession of an Underground Utility and Excavator License or Broward County Primary Pipeline License as appropriate is required for this Project. Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. Bidding blanks may be obtained free of charge at BIDSYNC.COM. Drawing Plans are on file in the Public Works Department, City of Fort Lauderdale at 100 North Andrews Avenue, 4th floor, (Monday thru Friday 8:00 am to 4:30 pm) at a NON-REFUNDABLE cost of $0.00 (including sales tax per set). Only cash or cashier’s check made payable to the City of Fort Lauderdale It will be the sole responsibility of the bidder to ensure that his bid is submitted prior to the bid opening date and time listed. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE SUBMITTED ELECTRONICALLY VIA BIDSYNC.COM Bid Security: A certified check, cashier's check, bank officer's check or bid bond for FIVE percent (5%) of the bid amount, made payable to the City of Fort Lauderdale, Florida, shall accompany each proposal. Bid Bonds: Bidders can submit bid bonds for projects four different ways: 1) BidSync allows bidders to submit bid bonds electronically directly through their system using Surety 2000. For more information on this feature and to access it, contact BIDSYNC customer care department. 2) Bidders may upload their original executed bid bond on BIDSYNC to accompany their bids with the electronic proposal, and deliver, upon request, the original, signed and sealed hard copy within five (5) business days after bid opening, with the company name, bid number and title clearly indicated. Item # 9Attachment #4 Page 76 of 186 223 of 413 INVITATION TO BID (continued) ITB-2 3) Bidders can hand deliver their bid bond in a sealed envelope to the Finance Department/Procurement Services Division, 100 North Andrews Avenue, Room 619, Fort Lauderdale, FL 33301-1016, before time of bid opening, with the company name, bid number and title clearly indicated on the envelope. 4) Bidders can mail their bid bond to the Finance Department/Procurement Services Division, 100 North Andrews Avenue, Room 619, Fort Lauderdale, FL 33301-1016, before time of bid opening, with the company name, bid number and title clearly indicated on the envelope. Certified Checks, Cashier’s Checks and Bank Drafts CANNOT be submitted via BIDSYNC, nor are their images allowed to be uploaded and submitted with your electronic bid. These forms of securities, as well as hard copy bid bonds, must be received on or before the Invitation to Bid (ITB) opening date and time, at the Finance Department/Procurement Services Division, 100 North Andrews Avenue, Room 619, Fort Lauderdale, FL 33301-1016, with the bid number and title clearly indicated on the envelope. It is the bidder’s sole responsibility to ensure that his bid bond or other bid security is received by the Procurement Services Division before time of bid opening. Failure to adhere to this requirement may be grounds to consider the bid as non-responsive. The City of Fort Lauderdale reserves the right to waive any informality in any or all bids and to reject any or all bids. For information concerning technical specifications, please utilize the question/answer feature provided by BIDSYNC at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the solicitation. Material changes, if any, to the scope of services or bidding procedures, will only be transmitted by written addendum. (See addendum section of BIDSYNC Site). Contractors please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Contractor has familiarized himself with the nature and extent of the work, equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. Information on bid results and projects currently out to bid can be obtained on the City’s website – http://www.fortlauderdale.gov/purchasing. For general inquiries, please call (954) 828-5143. Jeffrey A. Modarelli City Clerk Item # 9Attachment #4 Page 77 of 186 224 of 413 Rev. 6/4/2014 IB-1 INSTRUCTIONS TO BIDDERS The following instructions are given for the purpose of guiding bidders in properly preparing their bids or proposals. These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions. QUALIFICATIONS OF BIDDERS – No proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the CITY OF FORT LAUDERDALE, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Commission of Fort Lauderdale. PERSONAL INVESTIGATION - Bidders shall satisfy themselves by personal investigation, and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps, plans, specifications, or from the Engineer, City Manager, or their assistants shall relieve the Contractor from any risk or from fulfilling all terms of the contract. INCONSISTENCIES – Any seeming inconsistency between different provisions of the plans, specifications, proposal or contract, or any point requiring explanation must be inquired into by the bidder, in writing, at least ten (10) days prior to the time set for opening proposals. After proposals are opened, the bidders shall abide by the decision of the Engineer as to such interpretation. ADDENDA AND INTERPRETATIONS - No interpretations of the meaning of the plans, specifications or other contract documents will be made orally to any bidder. Prospective bidders must request such interpretation in writing as instructed in the bid package. To be considered, such request must be received by the Questions and Answers deadline as indicated in BIDSYNC.COM. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. It is the bidder’s responsibility to verify if addendums have been issued in BIDSYNC.COM. Failure of any bidder to receive any such addenda or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the contract document. Bidder shall verify in BIDSYNC.COM that he has all addenda before submitting a bid. LEGAL CONDITIONS - Bidders are notified to familiarize themselves with the provisions of the laws of the State of Florida relating to hours of labor on municipal work, and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Fort Lauderdale. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. FORMS OF PROPOSALS - Each proposal and its accompanying statements must be made on the blanks provided. THE FORMS MUST BE SUBMITTED ELECTRONICALLY, IN GOOD ORDER WITH ALL BLANKS COMPLETED, and must show the name of the bidder and a statement as to its contents. Item # 9Attachment #4 Page 78 of 186 225 of 413 INSTRUCTIONS TO BIDDERS (continued) Rev. 2/18/2014 IB-2 FORMS OF PROPOSALS (CONTINUED) - The proposal must be signed by one duly authorized to do so, and in case signed by a deputy or subordinate, the principal's properly written authority to such deputy or subordinate must accompany the proposal. No proposal will be accepted, for any reason whatsoever, which is not submitted to the City as stated above, within the specified time. INSURANCE - Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder’s Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers’ Compensation Insurance, Employer’s Liability Insurance, and Umbrella/Excess Liability, as stated below. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. BID BOND - A certified check, cashier's check or bank officer's check, for the sum set forth in the advertisement, made payable to the City of Fort Lauderdale, Florida, or bid bond in such amount, shall accompany each proposal as evidence of the good faith and responsibility of the bidder. The check or bond shall be retained by the City as liquidated damages should the bidder refuse to or fail to enter into a contract for the execution of the work embraced in this proposal, in the event the proposal of the bidder is accepted. Retention of such amount shall not be construed as a penalty or forfeiture. The above bond or check shall be a guarantee that the bidder will, if necessary, promptly execute a satisfactory contract and furnish good and sufficient bonds. As soon as a satisfactory contract has been executed and the bonds furnished and accepted, the check or bond accompanying the proposal of the successful bidder will be returned to him. The certified or other checks or bid bonds of the unsuccessful bidders will be returned to them upon the acceptance of the bid of the successful bidder. If the successful bidder shall not enter into, execute, and deliver such a contract and furnish the required bonds within ten (10) days after receiving notice to do so, the certified or other check or bid bond shall immediately become the property of the City of Fort Lauderdale as liquidated damages. Retention of such amount shall not be construed as a penalty or forfeiture. FILLING IN BIDS - All prices must be electronically submitted in the proposal pages, and all proposals must fully cover all items for which proposals are asked and no other. Bidders are required to state the names and places of residence of all persons interested, and if no other person is interested, the bidder shall distinctly state such fact and shall state that the proposal is, in all respects, fair and without collusion or fraud. Where more than one person is interested, it is required that all persons interested or their legal representative make all verification and subscribe to the proposal. PRICES QUOTED: Deduct any discount offered and quote firm net unit prices. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that his bid and the prices quoted in his bid will be firm for acceptance by the City for a period of one hundred and twenty (120) days from the date of bid opening unless otherwise stated in the ITB. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products/services have been awarded. Item # 9Attachment #4 Page 79 of 186 226 of 413 Rev. 2/18/2014 IB-3 ADDITIONAL ITEMS OR SERVICES: The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Contractor agrees to provide such items or services, and shall provide the City prices on such additional items or services based upon a formula or method, which is the same or similar to that used in establishing the prices in his proposal. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Contractor thirty (30) days written notice. DELETION OR MODIFICATION OF SERVICES: The City reserves the right to delete any portion of the Contract at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished on the portion of the Contract to be deleted, the Contractor shall be paid for the deleted portion on the basis of the estimated percentage of completion of such portion. If the Contractor and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Contractor will submit a revised budget to the City for approval prior to proceeding with the work. CAUSES FOR REJECTION - No proposal will be canvassed, considered or accepted which, in the opinion of the City Commission, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. Any alteration, erasure, interlineation, or failure to specify bids for all items called for in the schedule shall render the proposal informal. REJECTION OF BIDS - The City reserves the right to reject any bid if the evidence submitted by the bidder, or if the investigation of such bidder, fails to satisfy the City that such bidder is properly qualified to carry out the obligations and to complete the work contemplated. Any or all proposals will be rejected, if there is reason to believe that collusion exists among bidders. A proposal will be considered irregular and may be rejected, if it shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The City reserves the right to reject any or all proposals and to waive such technical errors as may be deemed best for the interests of the City. BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the City to follow the City’s procurement ordinance or any applicable law may protest to the Procurement Division – Deputy Director of Finance, by delivering a letter of protest within five (5) days after a Notice of Intent to award is posted on the City’s website at the following link: http://www.fortlauderdale.gov/purchasing/notices_of_intent.htm. The complete protest ordinance may be found on the City’s website at the following link: http://www.fortlauderdale.gov/purchasing/protestordinance.pdf WITHDRAWALS - Any bidder may, without prejudice to himself, withdraw his proposal at any time prior to the expiration of the time during which proposals may be submitted. Such request for withdrawal must be in writing and signed in the same manner and by the same person who signed the proposal. After expiration of the period for receiving proposals, no proposal can be withdrawn, modified, or explained. CONTRACT - The bidder to whom award is made shall execute a written contract to do the work and maintain the same in good repair until final acceptance by the proper authorities, and shall furnish Item # 9Attachment #4 Page 80 of 186 227 of 413 Rev. 6/11/2014 IB-4 good and sufficient bonds as specified within ten (10) days after receiving such contract for execution. If the bidder to whom the first award is made fails to enter into a contract as provided, the award may be annulled and the contract let to the next lowest bidder who is reliable, responsible, and responsive in the opinion of the City Commission, and that bidder shall fulfill every stipulation and obligation as if such bidder were the original party to whom award was made. The contract shall provide that the Contractor agrees to correct any defective or faulty work or material, which may appear within one (1) year after completion of the work and receipt of final payment. ENFORCEMENT OF SPECIFICATIONS - Copies of the specifications will be placed in the hands of all the assistants to the Engineer and Inspectors employed on the work, who shall enforce each and every requirement of the contract. Such assistants shall have no authority to vary from such requirements. COPIES OF DRAWING PLANS - Copies of the drawing plans are on file in the Public Works Department, City Hall, 4th Floor, 100 N. Andrews Avenue, Fort Lauderdale, Florida 33301. SURETY BOND – The Contractor shall execute and record in the public records of Broward County, Florida, a payment and performance bond in an amount at least equal to the Contract Price with a surety insurer authorized to do business in the State of Florida as surety, (“Bond”), in accordance with Section 255.05, Florida Statutes (2014), as may be amended or revised, as security for the faithful performance and payment of all of the Contractor’s obligations under the Contract Documents. The successful bidder shall furnish a performance and payment bond in compliance with Section 255.05, Florida Statutes, written by a Corporate Surety company, holding a Certificate of Authority from the Secretary of the Treasury of the United States as acceptable sureties on federal bonds, in an amount equal to the total amount payable by the terms of the contract, executed and issued by a Resident Agent licensed by and having an office in the State of Florida, representing such Corporate Surety, conditioned for the due and faithful performance of the work, and providing in addition to all other conditions, that if the Contractor, or his or its subcontractors, fail to duly pay for any labor, materials, or other supplies used or consumed by such Contractor, or his or its subcontractor or subcontractors, in performance of the work contracted to be done, the Surety will pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the rate of f ifteen percent (15%) per annum, and that they shall indemnify and save harmless the City of Fort Lauderdale to the extent of any and all payments in connection with carrying out of the contract, which the City may be required to make under the law. The Contractor is required at all times to have a valid surety bond in force covering the work being performed. A failure to have such bond in force at any time shall constitute a default on the part of the Contractor. A bond written by a surety, which becomes disqualified to do business in the State of Florida, shall automatically constitute a failure on the part of the Contractor to meet the above requirements. Such bond shall continue in effect for one (1) year after completion and acceptance of the work with liability equal to at least twenty-five percent (25%) of contract price, or an additional bond shall be conditioned that the Contractor will correct any defective or faulty work or material which appear within one (1) year after completion of the contract, upon notification by the City, except in contracts which are concerned solely with demolition work, in which cases twenty-five percent (25%) liability will not be applicable. Item # 9Attachment #4 Page 81 of 186 228 of 413 Rev. 6/11/2014 IB-5 AUDIT OF CONTRACTOR’S RECORDS - Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Contractor’s records. Such an audit, or audits, may be conducted by the City or its representatives at any time prior to final payment, or thereafter, for a period up to three (3) years. The City may also require submittal of the records from either the Contractor, the Subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting documents and papers deemed necessary by the City to assure compliance with the contract provisions. Failure of the Contractor or Subcontractor to comply with these requirements may result in disqualification or suspension from bidding for future contracts or disapproval as a Subcontractor at the option of the City. The Contractor shall assure that each of its Subcontractors will provide access to its records pertaining to the project upon request by the City. PERIODIC ESTIMATE FOR PARTIAL PAYMENT - After the Contractor has submitted a periodic estimate for partial payment, approved and certified by the Public Works Department, the City shall make payment in the manner provided in the Contract Documents and in accordance with Florida’s Prompt Payment Act, Section 218, Florida Statutes. RESERVATION FOR AWARD AND REJECTION OF BIDS - The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City’s interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder’s financial resources; the availability, quality and adaptability of the Bidder’s supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS - It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women- owned (WBE) businesses in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. The City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business Enterprises (SBE) in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this ITB. Minority Business Enterprise (MBE) “A Minority Business” is a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. Item # 9Attachment #4 Page 82 of 186 229 of 413 INSTRUCTIONS TO BIDDERS (continued) IB-6 The term “Minority Business Enterprise” means a business at least fifty-one percent (51%) of which is owned by minority group members or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by minority group members. For the purpose of the preceding sentence, minority group members are citizens of the United States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native Americans. Women Business Enterprise (WBE) a “Women Owned or Controlled Business” is a business enterprise at least fifty-one percent (51%) of which is owned by females or, in the case of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by females. Small Business Enterprise (SBE) “Small Business” means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in annual gross receipts. BLACK includes persons having origins in any of the Black racial groups of Africa. WHITE includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and East Indian. HISPANIC includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin, regardless of race. NATIVE AMERICAN includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians. ASIAN AMERICAN includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. Item # 9Attachment #4 Page 83 of 186 230 of 413 PROJECT 11905 SC-1 SPECIAL CONDITIONS 01. PURPOSE The City of Fort Lauderdale, Florida (City) is seeking bids from qualified bidders, hereinafter referred to as the Contractor, to provide utility restoration services for the City's Public Works Department, in accordance with the terms, conditions, and specifications contained in this Invitation To Bid (ITB). 02. TRANSACTION FEES The City of Fort Lauderdale uses BidSync (www.bidsync.com) to distribute and receive bids and proposals. There is no charge to vendors/contractors to register and participate in the solicitation process, nor will any fees be charged to the awarded contractor. 03. SUBMISSION OF BIDS It is the sole responsibility of the Contractor to ensure that their bid is submitted electronically through BidSync at www.bidsync.com and that any bid security not submitted via BidSync reaches the City of Fort Lauderdale City Hall, Procurement Services Division, 6th floor, Room 619, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301 in a sealed envelope marked on the outside with the ITB solicitation number and Contractor’s name, no later than the time and date specified in this solicitation. PAPER BID SUBMITALS WILL NOT BE ACCEPTED. PLEASE SUBMIT YOUR BID RESPONSE ELECTRONICALLY. 04. INFORMATION OR CLARIFICATION For information concerning procedures for responding to this solicitation, contact James Hemphill, Senior Procurement Specialist, at (954) 828-5143 or email at jhemphill@fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications please utilize the question/answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the solicitation. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Contractors please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Contractor has familiarized himself with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be Item # 9Attachment #4 Page 84 of 186 231 of 413 SPECIAL CONDITIONS (continued) PROJECT 11905 SC-2 submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in BidSync shall become part of any contract that is created from this ITB. 05. PRE-BID MEETING AND/OR SITE VISIT There will not be a pre-bid meeting or site visit for this Invitation to Bid. 06. CONTRACT PERIOD 6.1 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work shall commence within 15 calendar days of the date of the Notice to Proceed. 6.2 The Work shall be Substantially Completed within the Number of calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. 6.3 The Work shall be finally completed on the Final Completion Date and ready for final payment in accordance with this Agreement within the Number of calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. 6.4 The initial contract term shall commence upon date specified in the Notice To Proceed given by the City and shall expire two (2) years from that date. The City reserves the right to extend the contract for two (2) additional one (1) year terms, providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 6.5 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. The City of Fort Lauderdale reserves the right to waive any informality in any bid and to reject any or all bids. The City of Fort Lauderdale reserves the right to reduce or delete any of the bid items. At time of award of contract, the City reserves the right to set a maximum dollar limit that may be expended on this project. Contract quantities of any or all items may be increased, reduced, or eliminated to adjust the contract amount to coincide with the amount of work necessary or to bring the contract value to within the established limit. All quantities are estimated and the City reserves the right to increase, reduce, or eliminate the contract quantities in any amount. Item # 9Attachment #4 Page 85 of 186 232 of 413 SPECIAL CONDITIONS (continued) PROJECT 11905 SC-3 The undersigned bidder affirms that he has or will obtain all equipment necessary to complete the work described, that he has or will obtain all required permits and licenses from the appropriate agencies, and that his firm is authorized to do business in the State of Florida. 07. BID SECURITY A certified check, cashier's check, bank officer's check or bid bond for FIVE percent (5%) of the bid amount, made payable to the City of Fort Lauderdale, Florida, shall accompany each proposal. 08. REQUIRED LICENSES/CERTIFICATIONS Contractor must possess the following licenses/certifications to be considered for award. To be considered for award of this contract, the bidder must submit a financial statement upon request. An “Underground Utility and Excavator License” or Broward County “Primary Pipeline License” as appropriate is required for this Project. Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. Note: Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid 09. SPECIFIC EXPERIENCE REQUIRED – N/A 10. BID ALLOWANCE Allowance for permits: Payments will be made to the contractor based on the actual cost of permits upon submission of paid permit receipts. The City shall not pay for other costs related to obtaining or securing permits. The amount indicated is intended to be sufficient to cover the entire project. If the City Permit fees exceed the allowance indicated, the City will reimburse the contractor the actual amount of City Permit Fees required for project completion. Allowance $ Additional material allowance 15,000 Restoration allowance 30,000 Maintenance of traffic allowance 25,000 Bonds allowance 10,000 Storm Drainage repair allowance 25,000 Item # 9Attachment #4 Page 86 of 186 233 of 413 SPECIAL CONDITIONS (continued) PROJECT 11905 SC-4 Note: The City will add this allowance to your bid. 11. INSURANCE REQUIREMENTS (See Article 10, Bonds and Insurance, of the Contract for details) Insurance 11.1 Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder’s Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers’ Compensation Insurance, Employer’s Liability Insurance, and Umbrella/Excess Liability, as stated below, as well as Professional Liability insurance in the amount of $1,000,000 for any Architectural and/or Engineering requirements associated with the fulfillment of the contract if required. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. A Sample Insurance Certificate shall be included with the proposal to demonstrate the firm’s ability to comply with insurance requirements. Provide a previous certificate or other evidence listing the insurance companies’ names for all required coverage, and the dollar amounts of the coverage. A. The City is required to be named as additional insured on the Commercial General Liability insurance policy. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for the work contemplated in this Agreement shall be deemed unacceptable, and shall be considered a breach of contract. B. The Contractor shall provide the City an original Certificate of Insurance for policies required by Article 10. All certificates shall state that the City shall be given ten (10) days’ notice prior to expiration or cancellation of the policy. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Finance Department. Such policies shall: (1) name the insurance company or companies affording coverage acceptable to the City, (2) state the effective and expiration dates of the policies, (3) include special endorsements where necessary. Such policies provided under Article 10 shall not be affected by any other policy of insurance, which the City may carry in its own name. Item # 9Attachment #4 Page 87 of 186 234 of 413 SPECIAL CONDITIONS (continued) PROJECT 11905 SC-5 C. Contractor shall as a condition precedent of this Agreement, furnish to the City of Fort Lauderdale, c/o Project Manager, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of Insurance upon execution of this Agreement, which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 11.2 Property Insurance (Builder’s Risk): The Contractor shall purchase and maintain property insurance upon the Work at or off the site of 100% of the contract completed value. These policies shall insure the interest of the owner, contractor and subcontractors in the Work, and shall insure against “all risks” of physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage. All such insurance required by this paragraph shall remain in effect until the Work is completed and accepted by the City. 11.3 Commercial General Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit Each Occurrence $1,000,000 Project Aggregate $1,000,000 General Aggregate $2,000,000 Personal Injury $1,000,000 Products/Completed Operations $1,000,000 B. Endorsements Required: City of Fort Lauderdale included as an Additional Insured Broad Form Contractual Liability Waiver of Subrogation Premises/Operations Products/Completed Operations Independent Contractors Owners and Contractors Protective Liability Contractors Pollution Liability 11.4 Business Automobile Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit All Autos used in completing the contract Including Hired, Borrowed or Non-Owned Autos Any One Accident $1,000,000 B. Endorsements Required: Waiver of Subrogation 11.5 Workers’ Compensation and Employer’s Liability Insurance Limits: Workers’ Compensation – Per Florida Statute 440 Employers’ Liability - $500,000 Item # 9Attachment #4 Page 88 of 186 235 of 413 SPECIAL CONDITIONS (continued) PROJECT 11905 SC-6 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers’ Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Law. Contractor must be in compliance with all applicable State and Federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act or Jones Act. 11.6 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess coverage with limits of no less than $2,000,000 excess of Commercial General Liability, Automobile Liability and Employer’s Liability. 11.7 All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Contractor’s insurance must be provided by an A.M. Best’s “A-“ rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City’s Risk Manager. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for work contemplated in this project shall be deemed unacceptable, and shall be considered breach of contract. NOTE: CITY PROJECT NUMBER MUST APPEAR ON EACH CERTIFICATE. A Sample Insurance Certificate shall be included with the proposal to demonstrate the firm’s ability to comply with insurance requirements. Provide a previous certificate or other evidence listing the insurance companies’ names for all required coverage, and the dollar amounts of the coverage. Compliance with the foregoing requirements shall not relieve the Contractor of their liability and obligation under this section or under any other section of this Agreement. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the Project. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates that cover the contractual period, the City shall: A. Suspend the Agreement until such time as the new or renewed certificates are received by the City. Item # 9Attachment #4 Page 89 of 186 236 of 413 SPECIAL CONDITIONS (continued) PROJECT 11905 SC-7 B. The City may, at its sole discretion, terminate the Agreement for cause and seek damages from the Contractor in conjunction with the violation of the terms and conditions of the Agreement. 12. PERFORMANCE AND PAYMENT BOND: __Bond is required for each task order_ Number of awards anticipated: ________4_______________ 13. CITY PROJECT MANAGER The Project Manager is hereby designated by the City as Jean Examond, whose address is 100 North Andrews, 4th Floor, Fort Lauderdale, FL 33301. The Project Manager will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the Contract Documents in connection with completion of the Work in accordance with this Agreement. 14. LIQUIDATED DAMAGES (See Article 16, Liquidated Damages, of the Contract for details) Upon failure of the Contractor to complete the Work of an executed task order within the agreed upon and approved time for said Task Order, the Contractor shall pay to the City the sum of Three Hundred Dollars ($300.00) for each and every calendar day that the completion of the Task Order is delayed beyond the time agreed upon for said Task Order, as fixed and agreed liquidated damages and not as a penalty, so long as the delay is caused by the Contractor. (See Article 16, Liquidated Damages Clause, of the Contract) 15. PAYMENT (See Article 7, Payment, of the Contract for other details) The City has implemented a Purchasing Card (P-Card) Program utilizing both VISA and MASTERCARD networks. Purchases from this contract will be made utilizing the City’s Purchasing Card. Contractor will receive payment from the purchasing card in the same manner as other credit card purchases. Accordingly, bidders must presently have the ability to accept these credit cards or take whatever steps necessary to implement the ability before the start of the contract term, or contract award by the City. The City reserves the right to revise this program as necessary. 16. AWARD The City intends to award up to four (4) contractors to perform this work with each receiving a 2-year term construction service contract. The selection of the contractors will be based on the lowest competitive, responsive, and responsible bids on quantities of work as indicated in the bid. Project assignments will be issued on a Task Order basis with project values based on the unit prices contained in the executed contract. It is anticipated that each awardee will be given work under the contract during its term. However, the City reserves the right to assign additional work to contractors based on Item # 9Attachment #4 Page 90 of 186 237 of 413 SPECIAL CONDITIONS (continued) PROJECT 11905 SC-8 performance criteria, including but not limited to, available resources, ability to meet defined project schedules, ability to coordinate construction restoration with City and community representatives, in a timely, satisfactory manner. The City alone shall make all determinations of task order award and distribute as described under the terms of this contract. The selected contractors will receive work orders with the location and amount of work to be performed, including any necessary plans/sketches or back up information. Upon receipt of a work order, the contractor shall provide a cost quote based on the unit prices contained in the executed contract, within seven (7) days working days. Work order estimates will be used to prepare the Task Orders for approval by the City Manager. Total estimated quantities, including number of locations, under this contract may be increased, decreased, or eliminated completely depending on the City’s demand for the work, and the City Engineer’s discretion. 17. WORK SCHEDULE (including overtime hours): 8 a.m. to 6 p.m. Monday through Friday. Overtime work is only allowed with the Project Managers written consent at least 72 hours in advance of starting such work. City Inspector hours are 8:30 a.m. to 4:00 p.m. Any inspection requested by the contractor outside those hours will be considered overtime to be paid by the Contractor. 18. INSPECTION OVERTIME COST: $219_______________________ Item # 9Attachment #4 Page 91 of 186 238 of 413 C-1 CITY OF FORT LAUDERDALE CONSTRUCTION AGREEMENT THIS AGREEMENT made and entered into this ________ day of ___________________, 20__, by and between the City of Fort Lauderdale, a Florida municipal corporation (City) and ___________________________________, (Contractor), (parties); WHEREAS, the City desires to retain a contractor for the Project as expressed in its Invitation to Bid No._____________, Project No. _______, which was opened on ___________________; and, WHEREAS, the Contractor has expressed its willingness and capability to perform the necessary work to accomplish the Project. NOW, THEREFORE, the City and the Contractor, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, agree as follows: ARTICLE 1 – DEFINITIONS Whenever used in this Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural forms: 1.1 Agreement – This written agreement between the City and the Contractor covering the work to be performed including other Contract Documents that are attached to or incorporated in the Agreement. 1.2 Application for Payment – The form accepted by the City which is to be used by the Contractor in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents 1.3 Approve – The word approve is defined to mean review of the material, equipment or methods for general compliance with design concepts and with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the City to verify in every detail conformance with plans and specifications. 1.4 Bid – The offer or Bid of the Contractor submitted on the prescribed form setting forth the total prices for the Work to be performed. 1.5 Bid Documents –This Agreement, advertisement for Invitation to Bids, the Instructions to Bidders, the Bid Form (with supplemental affidavits and agreements), the Contract Forms, General Conditions, the Supplementary Conditions, the Specifications, and the Plans, which documents all become an integral part of the Contract Documents. 1.6 Certificate of Substantial Completion - Certificate provided by the City certifying that all Work, excluding the punch list items, has been completed, inspected, and accepted by the City. Item # 9Attachment #4 Page 92 of 186 239 of 413 C-2 1.7 Change Order - A change order is defined as a written order to a contractor approved by the city, authorizing a revision of an underlying agreement between the City and a contractor that is directly related to the original scope of work or an adjustment in the original contract price or the contract time directly related to the original scope of work, issued on or after the effective date of the contract. 1.8 City – The City of Fort Lauderdale, Florida including but not limited to its employees, agents, officials, representatives, contractors, subcontractors, volunteers, successors and assigns, with whom the Contractor has entered into the Agreement and for whom the Work is to be provided. The Project Manager, or designee, shall be the authorized agent for the City unless otherwise specified. 1.9 Contract Documents – The Contract Documents shall consist of this Agreement, Exhibits to this Agreement, Public Construction Bond, Performance Bond, Payment Bond and Certificates of Insurance, Notice of Award and Notice to Proceed, Task Orders, General Conditions as amended by the Special Conditions, Technical Specifications, Plans/Drawings, Addenda, Bid Form and supplement Affidavits and Agreements, all applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement, Invitation to Bid, Instructions to Bidders and Bid Bond, Contractor’s response to the City’s Invitation to Bid, Schedule of Completion, Schedule of Values, all amendments, modifications and supplements, change orders and work directive changes issued on or after the Effective Date of the Agreement, as well as any additional documents that are required to be submitted under the Agreement. Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Agreement. A copy of all permits shall be given to the City for inclusion in the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. 1.10 Contract Price – The monies payable to the Contractor by the City under the Contract Documents and in accordance with the line item unit prices listed in the Bid. 1.11 Contract Time – The number of calendar days stated in the Agreement for the completion of the Work. The dates on which the work shall be started and shall be completed as stated in the Notice to Proceed and each subsequent Task Order. 1.12 Contractor – The person, firm, company, or corporation with whom the City has entered into the Agreement, including but not limited to its employees, agents, representatives, contractors, subcontractors, their subcontractors and their other successors and assigns. 1.13 Day – A calendar day of twenty-four (24) hours ending at midnight. 1.14 Defective – W hen modifying the word “Work” refers to work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet Item # 9Attachment #4 Page 93 of 186 240 of 413 C-3 the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment. 1.15 Effective Date of the Agreement – The effective date of the agreement shall be the date the Contract is executed by the parties. The Contractor shall provide all required payment and performance bonds and insurances to the City within ten (10) Calendar days following the City Commission approval. Upon verification of all bonds and insurances, the City will issue a written notice to proceed (NTP) to the Contractor. Contract time will commence on the date when the Notice to Proceed is issued. The Contractor shall commence the work immediately upon receipt of the Notice to Proceed. Failure of the contractor to proceed with the W ork agreed upon within each executed Task Order will constitute nonperformance of the Contractor and would be grounds for termination of the contract per ARTICLE 17 of the Agreement. 1.16 Final Completion Date – The date the Task Order Work is completed, including completion of the final punch list, and delivered along with those items specified in the Contract Documents and is accepted by the City. 1.17 Hazardous Materials (HAZMAT) - Any solid, liquid, or gaseous material that is toxic, flammable, radioactive, corrosive, chemically reactive, or unstable upon prolonged storage in quantities that could pose a threat to life, property, or the environment defined in Section 101(14) of Comprehensive Environmental Response, Compensation and Liability Act of 1980 and in 40 CFR 300.6. Also defined by 49 CFR 171.8 as a substance or material designated by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. 1.18 Hazardous Substance - As defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act; any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act; any element, compound, mixture, solution or substance designated pursuant to Section 102 identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act {but not including any waste listed under Section 307[a] of the Clean Water Act}; any hazardous air pollutant listed under Section 112 of the Clean Air Act; and any imminently hazardous chemical substance or mixture pursuant to Section 7 of the Toxic Substances Control Act. The term does not include petroleum, including crude oil or any fraction thereof, which is not otherwise specifically listed or designated as a hazardous substance in the first sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas}. 1.19 Hazardous Waste - Those solid wastes designated by OSHA in accordance with 40 CFR 261 due to the properties of ignitability, corrosivity, reactivity, or toxicity. Any material that is subject to the Hazardous Waste Manifest requirements of the EPA specified in 40 CFR Part 262. 1.20 Holidays - Those designated non-work days as established by the City Commission of the City of Fort Lauderdale. Item # 9Attachment #4 Page 94 of 186 241 of 413 C-4 1.21 Inspection – The term “inspection” and the act of inspecting as used in this Agreement is defined to mean the examination of construction to ensure that it conforms to the design concept expressed in the plans and specifications. This term shall not be construed to mean supervision, superintending and/or overseeing. 1.22 Notice of Award - The written notice by City to the Contractor stating that upon compliance by the Contractor with the conditions precedent enumerated therein, within the time specified that the City will sign and deliver this Agreement. 1.23 Notice to Proceed – A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contract Time will end. Task Orders executed under this Contract will contain set timeframes in which the Task Order work shall be started and completed. 1.24 Plans - The drawings which show the character and scope of the work to be performed and which have been prepared or approved by the City and/or are referred to in the Contract Documents and/or Task Orders. 1.25 Premises (otherwise known as Site or Work Site) – means the land, buildings, facilities, etc. upon which the Work is to be performed. 1.26 Project – The total construction of the Work to be provided as defined in the Contract Documents and each executed Task Order. 1.27 Project Manager - The employee of the City, or other designated individual who is herein referred to as the Project Manager, will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the contract Documents in connection with completion of the Work in accordance with this Agreement. 1.28 Punch List - The City's list of Work yet to be done or be corrected by the Contractor, before the Final Completion date can be determined by the City. 1.29 Record Documents - A complete set of all specifications, drawings, addenda, modifications, shop drawings, submittals and samples annotated to show all changes made during the construction process. 1.30 Record Drawings or "As-Builts" - A set of drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. These documents shall be signed and sealed by a Professional Engineer or a Professional Land Surveyor licensed in the State of Florida and employed by the Contractor at no cost to the City. 1.31 Substantially Completed Date – The Contractor shall submit a written request to the City for an inspection to determine if the Work is substantially complete. If, at the time of inspection, it is determined the project is substantially complete, the City will issue a letter of Substantial Completion along with a punch list of incomplete or deficient items to be completed prior to requesting a Final Completion inspection. Item # 9Attachment #4 Page 95 of 186 242 of 413 C-5 1.32 Task Order – A written agreement between the City and Contractor defining the particular scope of work to be performed under this Contract. When necessary, plans, permits and specifications may be provided by the City to clarify the requirements of the Task Order work. Each Task Order will contain a timeframe in which the work shall be completed in order for the Contractor to avoid being subjected to liquidated damages. 1.33 Work – The entire completed delivered product or the various separately identifiable parts thereof required to be furnished under the Contract Documents and/or Task Order. Work is the result of performing services, furnishing labor and furnishing and incorporating material and equipment into the product, all as required by the Contract Documents. ARTICLE 2 – SCOPE OF WORK 2.1 The Contractor shall complete all work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only part is generally described as follows: ANNUAL UTILITIES RESTORATION ITB 253-11666 PROJECT 11905 2.2 All Work for the Project shall be constructed in accordance with the Drawings and Specifications. The Work generally involves: PROJECT DESCRIPTION The W ork includes repairing gravity sewer mains, related sanitary sewer repairs, limited storm sewer repairs, pressure pipe repairs, and related work as needed at various locations throughout the City and the City’s utility service area. Work will commonly be performed on City roadways and right-of-ways, residential streets, as well as County and State roads. 2.3 Within ten (10) days of the execution of this Agreement, the Contractor shall submit a Construction Schedule, Schedule of Values and a listing of those subcontractors that will be utilized by the Contractor. The general sequence of the work shall be submitted by the Contractor and approved by the City before any work commences. The City reserves the right to issue construction directives necessary to facilitate the Work or to minimize any conflict with current and on-going operations. ARTICLE 3 – PROJECT MANAGER 3.1 The Project Manager is hereby designated by the City as Jean Examond whose address is 100 N. Andrews Avenue, 4th Floor, Fort Lauderdale, FL 33301. The Project Manager will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the Contract Documents in connection with completion of the Work in accordance with this Agreement. Item # 9Attachment #4 Page 96 of 186 243 of 413 C-6 ARTICLE 4 – CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between the City and Contractor are attached to this Agreement, are made a part hereof and consist of the following: 4.1 This Agreement. 4.2 Exhibits to this Agreement [Plans (sheets [ ] to [ ] inclusive)]. 4.3 Public Construction Bond, Performance Bond, Payment Bond and Certificates of Insurance. 4.4 Notice of Award and Notice to Proceed. 4.5 General Conditions as amended by the Special Conditions. 4.6 Technical Specifications. 4.7 Plans/Drawings. 4.8 Addenda number________ through _______, inclusive. 4.9 Bid Form and supplement Affidavits and Agreements. 4.10 All applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement. 4.11 Invitation to Bid No., ___________, Instructions to Bidders and Bid Bond. 4.12 Contractor’s response to the City’s Invitation to Bid No., ___________, dated ______________. 4.13 Schedule of Completion and Schedule of Values. 4.14 All amendments, modifications, supplements, Task Orders, change orders, and work directive changes, issued on or after the Effective Date of the Agreement. 4.15 Any Additional documents that are required to be submitted under the Agreement. 4.16 Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Agreement. A copy of all permits shall be given to the City for inclusion in the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is established: a. Specific written direction from the City Manager (or designee) Item # 9Attachment #4 Page 97 of 186 244 of 413 C-7 b. Approved change orders, addenda or amendments. c. Specifications (quality) and Drawings (location and quantity). d. Supplemental conditions or special terms. e. General Terms and Conditions. f. This Agreement dated ____________________ and any attachments. g. Invitation to Bid No., _______________, and the specifications prepared by the City. h. Contractor’s response to the City’s Invitation to Bid No., _________, dated __________. i. Schedule of Values. j. Schedule of Completion. If during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, Contractor shall so report to the Project Manager, in writing, within five (5) calendar days, and before proceeding with the Work affected shall obtain a written interpretation or clarification from the City. Any Work that may reasonably be inferred from the specifications or plans as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials, or equipment, such works shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or associations, or to the code of any governmental authority whether such reference be specific or implied, shall mean the latest standard specification, manual or code in effect as of the Effective Date of this Agreement, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the City, the Contractor, or any of their agents or employees from those set forth in the Contract Documents. ARTICLE 5 – CONTRACT TIME 5.1 The initial contract term shall commence upon the date of award by the City and shall expire two (2) years from that date. The City reserves the right to extend the contract for two (2) additional one (1) year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 5.2 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work on each Task Order shall commence immediately upon the Contractor’s receipt of an executed Task Order. Item # 9Attachment #4 Page 98 of 186 245 of 413 C-8 5.3 The Contractor shall mobilize to the project site and begin construction activities within N/A calendar days of receipt of the executed Task Order or by the specific date noted within the Task Order (whichever applies). 5.4 The Work on each Task Order shall be substantially completed within the timeframe agreed upon and noted in each executed Task Order. 5.5 The Work on each Task Order shall be finally completed on or before the Final Completion Date and ready for final payment in accordance with Final Completion Date agreed upon and noted in each executed Task Order. 5.6 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. ARTICLE 6 – CONTRACT PRICE 6.1 City shall pay Contractor for performance of the Work in accordance with Article 7 based on the value of the executed Task Orders issued for this Contract. 6.2 The parties expressly agree that the Contract Price is a unit price contract, in accordance with those line item unit prices contained in the Contractor’s ITB response and incorporated by reference herein. The quantities of work in the Proposal are a rough approximation only. The total quantities of work to be included in this Contract and actually performed may vary widely depending upon the work that will be authorized by the City through Task Orders, during the period of this Contract. 6.3 The Contract Price constitutes the total compensation payable to Contractor for the cumulative value of each executed Task Order. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor’s expense without change in the Contract price. ARTICLE 7 – PAYMENT PROCEDURES 7.1 Contractor shall submit Applications for Payment, for each executed Task Order, in accordance with the Contract Documents. Applications for Payment will be processed by the City as provided for in the General Conditions. 7.2 Progress Payments. City shall make progress payments on account of the Contract Price on the basis of Contractor’s executed Task Order and corresponding Application for Payment, which shall be submitted by the Contractor between the first (1st) and the tenth (10th) day after the end of each calendar month for which payment is requested, or upon completion of the work of the executed Task Order. All progress payments will be made on the basis of the progress of the Work completed on the executed Task Order. Item # 9Attachment #4 Page 99 of 186 --- 246 of 413 C-9 7.3 Prior to Final Completion of each Task Order, progress payments will be made in an amount equal to ninety percent (90%) of the value of Work completed less in each case the aggregate of payments previously made. 7.4 Final Payment: Upon final completion of the Work under each Task Order, in accordance with the General Conditions, as may be supplemented, the City shall pay Contractor an amount sufficient to increase total payments to one-hundred percent (100%) of the Contract Price. 7.5 The City shall make payment to the Contractor in accordance with the Florida Prompt Payment Act, Section 218.70, Florida Statutes. 7.6 The City shall make payment to the Contractor through utilization of the City’s P-Card Program. The City has implemented a Purchasing Card Program using the VISA network. Purchases made from this Contract shall be made using the City’s Purchasing Card. Contractor will receive payment from the purchasing card in the same manner as other VISA purchases. Accordingly, bidders must presently have the ability to accept VISA or take whatever steps necessary to implement this ability before the start of the contract term, or contract award by the City. The City reserves the right to revise this program in conjunction with implementation of an on-line procurement system. All costs associated with the implementation of this purchasing program shall be borne by the Contractor. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS In order to induce the City to enter into this Agreement, and prior to agreeing to and execution of each Task Order under this Contract, Contractor makes the following representations upon which the City has relied: 8.1 Contractor is qualified in the field of public construction and in particular to perform the Work and services set forth in this Agreement. 8.2 Contractor has visited the Work Site, conduct all necessary extensive tests, examinations and investigations and represent and warrant a thorough familiarization with the nature and extent of the Task Order and associated Contract Documents, the Work, locality, soil conditions, moisture conditions and all year-round local weather and climate conditions (past and present), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor's experts, has determined that no conditions exist that would in any manner affect the Proposed Price and that the project can be completed for the Proposed Price submitted within the Contract Time as defined in each Task Order. Furthermore, Contractor warrants and confirms that he is totally familiar with, understands and obligates Contractor to comply with all federal, state and local laws, ordinances, rules, regulations and all market conditions that affect or may affect the cost and price of materials and labor needed to fulfill all provisions of this Agreement or that in any manner may affect cost, progress or performance of the Work. 8.3 The Contractor has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Project, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, Item # 9Attachment #4 Page 100 of 186 247 of 413 C-10 availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 8.4 The Contractor has also studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Works, and will determine that no conditions exist that would in any manner affect the Proposed Price and that the project can be completed for the Proposed Price submitted and within the timeframe agreed upon within each Task Order. 8.5 Contractor has made or cause to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in Paragraphs 8.2, 8.3 and 8.4 above as it deems necessary for the performance of the Work at the Contract Prices, within the Contract Time of the specified Task Order and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor for such purposes. 8.6 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 8.7 Contractor has given the City written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution by City is acceptable to the Contractor. 8.8 Labor 8.8.1 The Contractor shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. 8.8.1 The Contractor shall, at all times, have a competent superintendent, capable of reading and thoroughly understanding the drawings and specifications, as the Contractor’s agent on the Work, who shall, as the Contractor’s agent, supervise, direct and otherwise conduct the Work. 8.8.2 The Contractor shall designate the superintendent on the job to the City, in writing, immediately after receipt of the Notice to Proceed. The Contractor understands and agrees that the superintendent’s physical presence on the job site is indispensable to the successful completion of the Work. If the superintendent is frequently absent from the job site, the Project Manager may deliver written notice to the Contractor to stop work or terminate the Contract in accordance with Article 17. Item # 9Attachment #4 Page 101 of 186 248 of 413 C-11 8.8.3 The Contractor shall assign personnel to the job site that have successfully completed training programs related to trench safety, confined space and maintenance of traffic. A certified “competent person” shall be assigned to the job site. Personnel certified by the International Municipal Signal Associations with Florida Department of Transportation qualifications are required relative to maintenance of traffic. Failure to pursue the Work with the properly certified supervisory staff may result in notice to stop work or terminate the Contract in accordance with Article 17. 8.9 Materials: 8.9.1 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of Work. 8.9.2 All material and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. Suppliers shall be selected and paid by the Contractor; the City reserves the right to approve all suppliers and materials. 8.10 Work Hours: Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto, and except as otherwise indicated in the Supplementary Conditions, all work at the site shall be performed during regular working hours between 7 a.m. and 6:00 p.m., Monday through Friday. The Contractor will not permit overtime work or the performance of work on Saturday, Sunday or any legal holiday (designated by the City of Fort Lauderdale) without the Project Manager’s written consent at least seventy two (72) hours in advance of starting such work. If the Project Manager permits overtime work, the Contractor shall pay for the additional charges to the City with respect to such overtime work. Such additional charges shall be a subsidiary obligation of the Contractor and no extra payment shall be made to the Contractor for overtime work. It shall be noted that the City’s Inspector work hours are from 8:00 AM to 4:30 PM and any Work requiring inspection oversight being performed outside of this timeframe shall be paid for by the Contractor as Inspector overtime. The cost to the Contractor to reimburse the City for overtime inspection is established at direct-labor and overtime costs for each person or inspector required. Incidental overtime costs for engineering, testing and other related services will also be charged to the Contractor at the actual rate accrued. 8.11 Patent Fee and Royalties: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work, or any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. The Contractor hereby expressly binds himself or itself to indemnify and save harmless the City from all such claims and fees and from any and all suits and action of every name and description that may be brought against City on account of any such claims, fees, royalties, or costs for any such invention or patent, and from any and all suits or actions that may be brought against said City for the infringement of any and all patents or patent rights claimed by any person, firm corporation or other entity. Item # 9Attachment #4 Page 102 of 186 249 of 413 C-12 8.12 Permits: The Contractor shall obtain and pay for all permits and licenses. There shall be no allowance for Contractor markup, overhead or profit for permits and licenses. The Contractor shall pay all government charges which are applicable at the time of opening of proposals. It shall be the responsibility of the Contractor to secure and pay for all necessary licenses and permits of a temporary nature necessary for the prosecution of Work. 8.13 Law and Regulations: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the specifications or plans are in conflict, the Contractor shall give the Project Manager prompt written notice thereof within five (5) calendar days. If the Contractor performs any work knowing or having reason to know that it is contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager, the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor’s primary responsibility to make certain that the specifications and plans are in accordance with such laws, ordinances, rules and regulations. 8.14 Taxes: The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the laws of the City of Fort Lauderdale, County of Broward, State of Florida. 8.15 Contractor Use of Premises: The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits and/or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall not enter upon private property for any purpose without first securing the permission of the property owner in writing and furnishing the Project Manager with a copy of said permission. This requirement will be strictly enforced, particularly with regard to such vacant properties as may be utilized for storage or staging by the Contractor. The Contractor shall conduct its work in such a manner as to avoid damage to adjacent private or public property. Any damage to existing structures of work of any kind, including permanent reference markers or property corner markers, or the interruption of a utility service, shall be repaired or restored promptly at no expense to the City or property owner. The Contractor will preserve and protect all existing vegetation such as trees, shrubs and grass on or adjacent to the site which does not reasonably interfere with the construction, as determined by the Project Manager. The Contractor will be responsible for repairing or replacing any trees, shrubs, lawns and landscaping that may be damaged due to careless operation of equipment, stockpiling of materials, tracking of grass by equipment or other construction activity. The Contractor will be liable for, or will be required to replace or restore at no expense to the City all vegetation not protected or preserved as may be required that is destroyed or damaged. During the progress of the Work, the Contractor shall keep the premises free from accumulation of waste materials, rubbish and debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and Item # 9Attachment #4 Page 103 of 186 250 of 413 C-13 debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials and shall leave the site clean and ready for occupancy by the City. The Contractor shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents at no cost to the City. 8.16 Project Coordination: The Contractor shall provide for the complete coordination of the construction effort. This shall include, but not necessarily be limited to, coordination of the following: 8.16.1 Flow of material and equipment from suppliers. 8.16.2 The interrelated work with affected utility companies. 8.16.3 The interrelated work with the City where tie-ins to existing facilities are required. 8.16.4 The effort of independent testing agencies. 8.16.5 Notice to affected property owners as may be directed by the Project Manager. 8.16.6 Coordination with and scheduling of all required inspections from all permitting agencies. 8.17 Project Record Documents and As-Builts (Record Drawings): Contractor shall be responsible for maintaining up to date redline as-built drawings, on site, at all times during construction. All as-built information shall be surveyed and verified by a professional land surveyor registered in the State of Florida. Contractor shall provide the City with a minimum of three (3) sets of signed and sealed record drawings (Final As-builts) and a CD of the electronic drawing files created in AutoCAD 2014 or later. All costs associated with survey work required for construction layout and as-built preparation shall be the responsibility of the Contractor. 8.18 Safety and Protection: 8.18.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 8.18.1.1 All employees working on the project and other persons who may be affected thereby. 8.18.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site. 8.18.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 8.18.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when execution of the Work may affect them at least seventy two (72) hours in advance (unless otherwise required). All damage, injury or loss to any property Item # 9Attachment #4 Page 104 of 186 251 of 413 C-14 caused, directly or indirectly, in whole or in part by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. The Contractor’s duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and accepted by the City. 8.19 Emergencies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the City, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Project Manager prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. 8.20 Risk of Loss: The risk of loss, injury or destruction shall be on the Contractor until acceptance of the Work by the City. Title to the Work shall pass to the City upon acceptance of the Work by the City. 8.21 Environmental: The Contractor has fully inspected the Premises and agrees, except as to the presence of any asbestos, to accept the Premises in an “as is” physical condition, without representation or warranty by the City of any kind, including, without limitation, any and all existing environmental claims or obligations that may arise from the presence of any “contamination” on, in or about the Premises. Further, Contractor and all entitles claiming by, through or under the Contractor, releases and discharges the City, from any claim, demand, or cause of action arising out of or relating to the Contractor’s use, handling, storage, release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of any hazardous substances including asbestos on, under, from or about the Premises. The Contractor shall have no liability for any pre-existing claims or “contamination” on the Premises. The Contractor shall not use, handle, store, discharge, treat, remove, transport, or dispose of Hazardous Substances including asbestos at, in, upon, under, to or from the Premises until receipt of instructions from the City. At such time, a City approved Change Order, which shall not include any profit, shall authorize the Contractor to perform such services. The Contractor shall immediately deliver to the Project Manager complete copies of all notices, demands, or other communications received by the Contractor from any governmental or quasi-governmental authority or any insurance company or board of fire underwriters or like or similar entities regarding in any way alleged violations or potential violations of any Environmental Law or otherwise asserting the existence or potential existence of any condition or activity on the Premises which is or could be dangerous to life, limb, property, or the environment. For other and additional consideration, the Contractor hereby agrees, at its sole cost and expense, to indemnify and protect, defend, and hold harmless the City and its respective employees, agents, officials, officers, representatives, contractors and subcontractors, successors, and assigns (hereafter the “City”) from and against any and all claims, demands, losses, damages, costs, expenses, including but not limited to mitigation, restoration, and natural restoration expenses, liabilities, assessments, Item # 9Attachment #4 Page 105 of 186 252 of 413 C-15 fines, penalties charges, administrative and judicial proceedings and orders, judgments, causes of action, in law or in equity, remedial action requirements and/or enforcement actions of any kind (including, without limitation, attorneys’ fees and costs) directly or indirectly arising out of or attributable to, in whole or in part, the Contractor’s use, handling, storage, release, threatened release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of a Hazardous Substance (excluding asbestos) on, under, from, to or about the Premises or any other activity carried on or undertaken on or off the Premises by the Contractor or its employees, agents or subcontractors, in connection with the use, handling, storage, release, threatened release, discharge, treatment, mitigation, natural resource restoration, removal, transport, decontamination, cleanup, disposal and/or presence or any Hazardous Substance including asbestos located, transported, or present on, undue, from, to, or about the Premises. This indemnity is intended to be operable under 42 U.S.C. sections 9607, as amended, and any successor section. The scope of the indemnity obligations includes, but is not limited to: (a) all consequential damages; (b) the cost of any required or necessary repair, cleanup, or detoxification of the applicable real estate and the preparation and implementation of any closure, remedial or other required plan, including without limitation; (i) the costs of removal or remedial action incurred by the United States government or the State of Florida or response costs incurred by any other person, or damages from injury to destruction of, or loss of, natural resources, including the cost of assessing such injury, destruction, or loss, incurred pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended; (ii) the clean-up costs, fines, damages, or penalties incurred pursuant to any applicable provisions of Florida law; and (iii) the cost and expenses of abatement, correction or cleanup, fines, damages, response costs, or penalties which arise from the provisions of any other statute, law, regulation, code ordinance, or legal requirement state or federal; and (c) liability for personal injury or property damage arising under any statutory or common law tort theory, including damages assessed for the maintenance of a public private nuisance, response costs, or for the carrying on of an abnormally dangerous activity. 8.22 No Damages for Delay: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any other reason or allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. 8.23 No Liens: If any Subcontractor, supplier, laborer, or materialmen of Contractor or any other person directly or indirectly acting for or through Contractor files or attempts to file a mechanic’s or construction lien against the real property on which the work is performed or any part or against any personal property or improvements or claim Item # 9Attachment #4 Page 106 of 186 253 of 413 C-16 against any monies due or to become due from the City to Contractor or from Contractor to a Subcontractor, for or on account of any work, labor, services, material, equipment, or other items furnished in connection with the Work or any Change Order, Contractor agrees to satisfy, remove, or discharge such lien or claim at its own expense by bond, payment, or otherwise within twenty (20) days of the filing or from receipt of written notice from the City. Additionally, until such time as such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor, or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining such. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation, include attorney’s fees, litigation costs, fees and expenses and all court costs and assessments. 8.24 Weather Emergencies: Upon issuance of a Hurricane Watch by the National Weather Service, the Contractor shall submit to the City a plan to secure the work area in the event a Hurricane Warning is issued. The plan shall detail how the Contractor will secure the Premises, equipment and materials in a manner as to prevent damage to the Work and prevent materials and equipment from becoming a hazard to persons and property on and around the Premises. The plan shall include a time schedule required to accomplish the hurricane preparations and a list of emergency contacts that will be available and in the City before, during and immediately after the storm. Upon issuance of a Hurricane Warning by the National Weather Service, if the Contractor has not already done so, the Contractor shall implement its hurricane preparedness plan. Cost of development and implementation of the hurricane preparedness plan shall be considered as incidental to construction. Cost of any clean up and rework required after the storm will be considered normal construction risk within Florida and shall not entitle the Contractor to any additional compensation. Contractor shall be entitled to request an extension in time for completion of the Work, in accordance with the provisions of Article 15 of this Agreement, equal to the time it is shut down for implementation of the preparedness plan, the duration of the storm and a reasonable period to restore the Premises. 8.25 Force Majeure: No Party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of the other party or that could not have been reasonably foreseen and prevented. For this purposes, such acts or circumstances shall include, but not be limited to weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties arising therefrom and to resume the Work as soon as reasonably possible with the normal pursuit of the Work. Item # 9Attachment #4 Page 107 of 186 254 of 413 C-17 Inclement weather, continuous rain for less than three (3) days or the acts or omissions of subcontractors, third-party contractors, materialmen, suppliers, or their subcontractors, shall not be considered acts of force majeure. No Party shall be liable for its failure to carry out its obligations under the Agreement during a period when such Party is rendered unable by force majeure to carry out its obligation, but the obligation of the Party or Parties relying on such force majeure shall be suspended only during the continuance of the inability and for no longer period than the unexpected or uncontrollable event. The Contractor further agrees and stipulates, that its right to excuse its failure to perform by reason of force majeure shall be conditioned upon giving written notice of its assertion that a Force Majeure delay has commenced within 96 hours after such an occurrence. The CONTRACTOR shall use its reasonable efforts to minimize such delays. The CONTRACTOR shall promptly provide an estimate of the anticipated additional time required to complete the Project. 8.26 Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assisted Contracts: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Additionally, the contractor assures that it, the sub recipient or its subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. (This additional language must be included in each subcontract the prime contractor signs with a subcontractor.) ARTICLE 9 – CITY’S RESPONSIBILITIES 9.1 The City shall furnish the data required of the City under the Contract Documents promptly and shall make payments to the Contractor promptly after they are due as provided in Article 7. 9.2 The City’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in the Contract Documents. Item # 9Attachment #4 Page 108 of 186 255 of 413 C-18 9.3 Technical Clarifications and Interpretations: 9.3.1 The City shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents as it may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Should the Contractor fail to request interpretation of questionable items in the Contract Documents, the City shall not entertain any excuse for failure to execute the Work in a satisfactory manner. 9.3.2 The City shall interpret and decide matters concerning performance under the requirements of the Contract Documents, and shall make decisions on all claims, disputes or other matters in question. Written notice of each claim, dispute or other matter will be delivered by claimant to the other Party but in no event later than five (5) days after the occurrence of event, and written supporting date will be submitted to the other Party within five (5) days after such occurrence. All written decisions of the City on any claim or dispute will be final and binding. 9.4 The Contractor shall perform all Work to the reasonable satisfaction of the City in accordance with the Contract Documents. In cases of disagreement or ambiguity, the City shall decide all questions, difficulties, and disputes of whatever nature, which may arise under or by reason of this Agreement or the quality, amount and value of the Work, and the City’s decisions on all claims, questions and determination are final. ARTICLE 10 – BONDS AND INSURANCE 10.1 Public Construction and Other Bonds: The Contractor shall furnish Public Construction or Performance and Payment Bonds (“Bond”), in an amount equal to 100% of the value of each Task Order issued as security for the faithful performance and payment of all the Contractor’s obligations under the Contract Documents. These Bonds shall remain in effect until at least one (1) year after the date of final payment, except as otherwise provided by law. All Bonds shall be furnished and provided by the surety and shall be in substantially the same form as prescribed by the Contract Documents and be executed by such sureties as (i) are licensed to conduct business in the State of Florida, and (ii) are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department and (iii) otherwise meet the requirements set forth herein that apply to sureties. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 10.1.1 Performance Bond: A Corporate Surety Bond legally issued, meeting the approval of, and running to the City in an amount not less than the Contract Price of such improvements, conditioned that the Contractor shall maintain and make all repairs to the improvements constructed by the Contractor at their own expense and free of charge to the City, for the period of one (1) year after the date of acceptance of the Work within such period by reason of any imperfection of the material used or by reason of any defective workmanship, or any improper, imperfect or defective preparation of the base upon which any such improvement shall be laid. Item # 9Attachment #4 Page 109 of 186 256 of 413 C-19 The Contractor shall execute and record in the public records of Broward County, Florida, a payment and performance bond in an amount at least equal to the Contract Price with a surety insurer authorized to do business in the State of Florida as surety, (“Bond”), in accordance with Section 255.05, Florida Statutes (2014), as may be amended or revised, as security for the faithful performance and payment of all of the Contractor’s obligations under the Contract Documents. 10.2 Disqualification of Surety: If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of clauses (i) and (ii) of Paragraph 10.1, the Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. 10.3 Insurance 10.3.1 Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder’s Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers’ Compensation Insurance, Employer’s Liability Insurance, and Umbrella/Excess Liability, as stated below, as well as Professional Liability insurance in the amount of $1,000,000 per claim for any Architectural and or Engineering requirements associated with the fulfillment of any Task Order if required. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. A Sample Insurance Certificate shall be included with the proposal to demonstrate the firm’s ability to comply with insurance requirements. Provide a previous certificate or other evidence listing the insurance companies’ names for all required coverage, and the dollar amounts of the coverage. A. The City is required to be named as additional insured on the Commercial General Liability insurance policy. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for the work contemplated in this Agreement shall be deemed unacceptable, and shall be considered a breach of contract. B. The Contractor shall provide the City an original Certificate of Insurance for policies required by Article 10. All certificates shall state that the City shall be given ten (10) days’ notice prior to expiration or cancellation of the policy. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Finance Item # 9Attachment #4 Page 110 of 186 257 of 413 C-20 Department. Such policies shall: (1) name the insurance company or companies affording coverage acceptable to the City, (2) state the effective and expiration dates of the policies, (3) include special endorsements where necessary. Such policies provided under Article 10 shall not be affected by any other policy of insurance, which the City may carry in its own name. C. Contractor shall as a condition precedent of this Agreement, furnish to the City of Fort Lauderdale, c/o Project Manager, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of Insurance upon execution of this Agreement, which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 10.3.2 Property Insurance (Builder’s Risk): The Contractor shall purchase and maintain property insurance upon the Work at or off the site of 100% of the contract completed value. These policies shall insure the interest of the owner, contractor and subcontractors in the Work, and shall insure against “all risks” of physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage. All such insurance required by this paragraph shall remain in effect until the Work is completed and accepted by the City. 10.3.3 Commercial General Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit Each Occurrence $1,000,000 Project Aggregate $1,000,000 General Aggregate $2,000,000 Personal Injury $1,000,000 Products/Completed Operations $1,000,000 B. Endorsements Required: City of Fort Lauderdale included as an Additional Insured Broad Form Contractual Liability Waiver of Subrogation Premises/Operations Products/Completed Operations Independent Contractors Owners and Contractors Protective Liability Contractors Pollution Liability Item # 9Attachment #4 Page 111 of 186 258 of 413 C-21 10.3.4 Business Automobile Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit All Autos used in completing the contract Including Hired, Borrowed or Non-Owned Autos Any One Accident $1,000,000 B. Endorsements Required: Waiver of Subrogation 10.3.5 Workers’ Compensation and Employer’s Liability Insurance Limits: Workers’ Compensation – Per Florida Statute 440 Employers’ Liability - $500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers’ Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Law. Contractor must be in compliance with all applicable State and Federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act or Jones Act. 10.3.6 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess coverage with limits of no less than $2,000,000 excess of Commercial General Liability, Automobile Liability and Employer’s Liability. 10.3.7 All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Contractor’s insurance must be provided by an A.M. Best’s “A-“ rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City’s Risk Manager. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for work contemplated in this project shall be deemed unacceptable, and shall be considered breach of contract. NOTE: CITY PROJECT NUMBER MUST APPEAR ON EACH CERTIFICATE. A Sample Insurance Certificate shall be included with the proposal to demonstrate the firm’s ability to comply with insurance requirements. Provide a previous certificate or other evidence listing the insurance companies’ names for all required coverage, and the dollar amounts of the coverage. Compliance with the foregoing requirements shall not relieve the Contractor of their liability and obligation under this section or under any other section of this Agreement. Item # 9Attachment #4 Page 112 of 186 259 of 413 C-22 The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the Project. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates that cover the contractual period, the City shall: A. Suspend the Agreement until such time as the new or renewed certificates are received by the City. B. The City may, at its sole discretion, terminate the Agreement for cause and seek damages from the Contractor in conjunction with the violation of the terms and conditions of the Agreement. ARTICLE 11- WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.1 Warranty: The Contractor warrants and guarantees to the City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to the Contractor. All defective work, whether or not in place, may be rejected, corrected or accepted as provided in this Article. 11.1.1 Warranty of Title: The Contractor warrants to the City that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens, claims or encumbrances against the equipment and materials. 11.1.2 Warranty of Specifications: The Contractor warrants that all equipment, materials and workmanship furnished, whether furnished by the Contractor, its subcontractors or suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a workmanlike manner. 11.1.3 Warranty of Merchantability: The Contractor warrants that any and all equipment to be supplied pursuant to this Agreement is merchantable, free from defects, whether patent or latent in material or workmanship, and fit for the ordinary purposes for which it is intended. 11.2 Tests and Inspections: Contractor shall retain the services of an independent, certified, testing lab to perform all testing as required by the specifications, Contract drawings, and any applicable permitting agency. Contractor shall provide evidence of certification to the City before the work and testing is done. Testing results shall be submitted to the Engineer for review and approval at the time the results are provided to the Contractor. The Contractor shall give the Project Manager and City Inspector a minimum of 24hrs advance notice of readiness of the Work for all required inspections, tests, or approvals and shall notify all applicable permitting agencies in a timely manner based on requirements set forth in the permit documents. Item # 9Attachment #4 Page 113 of 186 260 of 413 Rev. 10/1/2015 C-23 11.2.1 Neither observations by the Project Manager nor inspections, tests or approvals by others shall relieve the Contractor from its obligations to perform the Work in accordance with the Contract Documents. 11.3 Uncovering Work: If any work that is to be inspected, tested or approved is covered without approval or consent of the Project Manager, it must, if requested by the Project Manager, be uncovered for observation and/or testing. Such uncovering and replacement shall be at the Contractor’s sole expense unless the Contractor has given the Project Manager timely notice of the Contractor’s intention to cover such Work and the Project Manager has not acted with reasonable promptness in response to such notice. 11.3.1 If the Project Manager considers it necessary or advisable that Work covered in accordance with Section 11.2 be observed by the City or inspected or tested by others, the Contractor at the City’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection testing and reconstruction if he makes a claim therefore as provided in Articles 14 and 15. 11.4 City May Stop the Work: If the Work is defective, or the Contractor fails to supply sufficient skilled supervisory personnel or workmen or suitable materials or equipment or the work area is deemed unsafe, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. The City will not award any increase in Contract Price or Contract Time if the Work is stopped due to the circumstances described herein. 11.5 Correction or Removal of Defective Work Before Final Payment: If required by the Project Manager, the Contractor shall promptly, without cost to the City and as Specified by the Project Manager, either correct any defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by the City remove it from the site and replace it with non-defective Work. 11.6 One Year Correction Period After Final Payment: If, within one (1) year after the date of final acceptance of work on each Task Order, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City’s written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with non-defective Work. Item # 9Attachment #4 Page 114 of 186 261 of 413 C-24 If The Contractor does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs for such removal and replacement, including compensation for additional professional services, shall be paid by the Contractor. 11.7 Acceptance of Defective Work, Deductions: If, instead of requiring correction or removal and replacement of defective Work, the City, at the City’s sole option, prefers to accept it, the City may do so. In such a case, if acceptance occurs prior to the Project Manager’s recommendation of final payments, a Change Order shall be issued incorporating the necessary revisions in the Contracts Documents, including appropriate reduction in the Contract Price; or if the acceptance occurs after such recommendation, an appropriate amount shall be paid by the Contractor to the City. 11.8 City May Correct Defective Work: If the Contractor fails within a reasonable time after written notice of the Project Manager to proceed to correct defective Work or to remove and replace rejected Work as required by the Project Manager in accordance with Paragraph 11.5, or if the Contractor fails to perform the Work in accordance with the Contract Documents, the City may, after seven (7) days written notice to the Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, the City shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, suspend the Contractor’s services related thereto and take possession of the Contractor’s tools, construction equipment and materials stored at the site or elsewhere. The Contractor shall allow the City’s representative agents and employees such access to the site as may be necessary to enable the City to exercise its rights under this paragraph. All direct and indirect costs of the City in exercising such rights shall be charged against the Contractor in an amount verified by the Project Manager, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor’s defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City’s right hereunder. ARTICLE 12 – INDEMNIFICATION 12.1 Disclaimer of Liability: The City shall not at any time, be liable for injury or damage occurring to any person or property from any cause, whatsoever, arising out of Contractor’s construction and fulfillment of this Agreement. 12.2 Indemnification: For other, additional good valuable consideration, the receipt and sufficiency of which is hereby acknowledged: 12.2.1 Contractor shall, at its sole cost and expense, indemnify and hold harmless the City, its representatives, employees and elected and appointed officials from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including but not limited to fees and charges of Item # 9Attachment #4 Page 115 of 186 262 of 413 Rev. 10/1/2015 C-25 engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include but not be limited to claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the project and Work of this Agreement; (b) any act, omission or default of the Contractor, its subcontractors, agents, suppliers, employees, or laborers; (c) any and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible property, including any resulting loss of use; (e) other such damages, liabilities, or losses received or sustained by any person or persons during or on account of any operations connected with the construction of this Project including the warranty period; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the work; (i) the violation of any federal, state, county or city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; (j) the breach or alleged breach by Contractor of any term of the Agreement, including the breach or alleged breach of any warranty or guarantee. 12.2.2 Contractor agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. 12.2.3 Contractor shall pay all claims, losses, liens, settlements or judgments of any nature in connection with the foregoing indemnifications including, but not limited to, reasonable attorney’s fees and costs for trials and appeals. 12.2.4 If any Subcontractor, supplier, laborer, or materialmen of Contractor or any other person directly or indirectly acting for or through Contractor files or attempts to file a mechanic’s or construction lien against the real property on which the work is performed or any part or against any personal property or improvements thereon or make a claim against any monies due or to become due from the City to Contractor or from Contractor to a Subcontractor, for or on account of any work, labor, services, material, equipment, or other items furnished in connection with the Work or any change order, Contractor agrees to satisfy, remove, or discharge such lien or claim at its own expense by bond, payment, or otherwise within five (5) days of the filing or from receipt of written notice from the City. Additionally, until such time as such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor, or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining the discharge. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, Item # 9Attachment #4 Page 116 of 186 263 of 413 C-26 to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation, include attorney’s fees, litigation costs, fees and expenses and all court costs and assessments, and which shall be deducted from any amount owing to Contractor. In the event the amount due Contractor is less than the amount required to satisfy Contractor’s obligation under this, or any other article, paragraph or section of this Agreement, the Contractor shall be liable for the deficiency due the City. 12.2.5 The Contractor and the City agree that Section 725.06(2), Florida Statutes controls the extent and limits of the indemnification and hold harmless provisions of this Agreement, if any, and that the parties waive any defects in the wording of this Article that runs afoul of said statutory section. ARTICLE 13 – CHANGES IN THE WORK 13.1 Without invalidating this Agreement, the City may, from time to time order additions, deletions or revisions in the Work through the issuance Task Order Amendments. Upon receipt of a Task Order Amendment, the Contractor shall proceed with the Work involved. All Work shall be executed under the applicable conditions of the Contract Documents. 13.2 The Project Manager may authorize minor changes in the work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. Such changes must be in writing and signed by the City and the Contractor. 13.3 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be the Contractor’s responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. ARTICLE 14 – CHANGE OF CONTRACT PRICE Contract Price shall not exceed that which is agreed to in this Agreement. Any increase to the Contract Price shall be executed through an Amendment to this agreement and approved by the City Commission. 14.1 Time for the City to Approve Contract Amendment: Should the cumulative amount of the executed Task Orders exceed the Contract Price, a Contract Amendment must be approved by the City Commission authorizing additional funding for this Contract. 14.2 Should the cumulative amount of the executed task orders exceed the Contract Price, a Contract Amendment must be approved by the City Commission authorizing additional funding for this Contract. Item # 9Attachment #4 Page 117 of 186 264 of 413 C-27 ARTICLE 15 – CHANGE OF THE CONTRACT TIME 15.1 The Contract Time shall be for two (2) years from the date of Commission award subject to two (2) one year renewal terms. 15.2 All time limits stated in the Contract Documents and within each executed Task Order are of the essence. The provisions of this Article 15 shall not exclude recovery for damages for delay by the Contractor. 15.3 Delays caused by or resulting from entities, contractors or subcontractors who are not affiliated with the CONTRACTOR (non-affiliated Contractors) shall not give rise to a claim by the CONTRACTOR for damages for increases in material and/or labor costs. Such entities, contractors and subcontractors include, but are not limited to, the City's contractors and subcontractors, Florida Power and Light Company, AT&T and Florida East Coast Railway, LLC. 15.4 Rights of Various Interests: Whenever work being done by City’s forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Project Manager to secure the completion of the various portions of the work in general harmony. ARTICLE 16 – LIQUIDATED DAMAGES 16.1 Upon failure of the Contractor to complete the Work of an executed Task Order within the agreed upon and approved time for said Task Order, the Contractor shall pay to the City the sum of Three Hundred Dollars ($300.00) for each and every calendar day that the completion of the Task Order is delayed beyond the time agreed upon for said Task Order, as fixed and agreed liquidated damages and not as a penalty, so long as the delay is caused by the Contractor. Should an act of God or the acts or omissions of the City, its agents or representatives, in derogation to the terms of this Agreement cause the delay, the Contractor shall not be responsible for the delay nor liquidated damages. Liquidated damages are fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of damages and the cost and effect of the failure of the Contractor to complete the Work on time. Liquidated damages shall apply separately to each Task Order for which a time of completion is given. The City shall have the right to deduct from or retain any compensation which may be due or which may become due and payable to the Contractor the amount of liquidated damages, and if the amount retained by the City is insufficient to pay in full such liquidated damages, the Contractor shall pay all liquidated damages in full. The Contractor shall be responsible for reimbursing the City, in addition to liquidated damages or other damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the Project beyond the completion date specified or beyond an approved extension of time granted to the Contractor whichever is later. Delays caused by or resulting from entities, contractors or subcontractors who are not Item # 9Attachment #4 Page 118 of 186 265 of 413 C-28 affiliated with the Contractor shall not give rise to a claim by Contractor for damages for increase in material and/or labor costs. Such entities, contractors and subcontractors include, but are not limited to, the City's contractors and subcontractors, Florida Power and Light Company, AT&T, and Florida East Coast Railway, LLC. 16.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. ARTICLE 17 – SUSPENSION OF WORK AND TERMINATION 17.1 City May Suspend Work: The City may, at any time and without cause, suspend the Work or any portion of the Work for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. The Contractor shall resume the Work on the date fixed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, if the Contractor makes a claim as provided in Articles 14 and 15. 17.2 City May Terminate Work: The City retains the right to terminate this Agreement as well as any task order, with thirty (30) days prior written notice. Additionally, the City may also terminate this Agreement as well as any task order upon 15 days’ notice upon the occurrence of any one or more of the following events: 17.2.1 If the Contractor commences a voluntary case or a petition is filed against the Contractor, under any chapter of the Bankruptcy Code, or if the Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 17.2.2 If the Contractor makes a general assignment for the benefit of creditors. 17.2.3 If a trustee, receiver, custodian or agent of the Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of the Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of the Contractor’s creditors. Item # 9Attachment #4 Page 119 of 186 266 of 413 Rev. 10/1/2015 C-29 17.2.4 If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to ensure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Project Manager may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. 17.2.5 If the Contractor repeatedly fails to make prompt payments to subcontractors or for labor, material or equipment. 17.2.6 If the Contractor repeatedly disregards proper safety procedures. 17.2.7 If the Contractor disregards any local, state or federal laws or regulations. 17.2.8 If the Contactor otherwise violates any provisions of this Agreement. 17.3 If Contractor, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, the City may exclude the Contractor from the Work site and take the prosecution of the Work out of the hands of the Contractor, and take possession of the Work and all of the Contractor’s tools, appliances, construction equipment and machinery at the site and use them without liability to the City for trespass or conversion, incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. In this instance, the Contractor shall not be entitled to receive any further compensation until the Work is finished. 17.3.1 If after notice of termination of Contractor’s right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 17.5 below. 17.3.2 Upon receipt of Notice of Termination pursuant to Sections 17.2 or 17.5, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 17.4 If the Contractor commits a default due to its insolvency or bankruptcy, the following shall apply: 17.4.1 Should this Agreement be entered into and fully executed by the parties, funds released and the Contractor (Debtor) files for bankruptcy, the following shall occur: Item # 9Attachment #4 Page 120 of 186 267 of 413 C-30 17.4.1.1 In the event the Contactor files a voluntary petition under 11 U.S.C. 301 or 302, or an order for relief is entered under 11 U.S.C. 303, the Contractor shall acknowledge the extent, validity, and priority of the lien recorded in favor of the City. The Contractor further agrees that in the event of this default, the City shall, at its option, be entitled to seek relief from the automatic stay pursuant to 11 U.S.C. 362. The City shall be entitled to relief from the automatic stay pursuant to 11 U.S.C. 362(d) (1) or (d) (2), and the Contactor agrees to waive the notice provisions in effect pursuant to 11 U.S.C. 362 and any applicable Local Rules of the United States Bankruptcy Court. The Contactor acknowledges that such waiver is done knowingly and voluntarily. 17.4.1.2 Alternatively, in the event the City does not seek stay relief, or if stay relief is denied, the City shall be entitled to monthly adequate protection payments within the meaning of 11 U.S.C. 361. The monthly adequate protection payments shall each be in an amount determined in accordance with the Note and Mortgage executed by the Contractor in favor of the City. 17.4.1.3 In the event the Contractor files for bankruptcy under Chapter 13 of Title 11, United States Code in additional to the foregoing provisions, the Contractor agrees to cure any amounts in arrears over a period not to exceed twenty-four (24) months from the date of the confirmation order, and such payments shall be made in addition to the regular monthly payments required by the Note and mortgage. Additionally, the Contractor shall agree that the City is over secured and, therefore, entitled to interest and attorney’s fees pursuant to 11 U.S.C. 506(b). Such fees shall be allowed and payable as an administrative expense. Further, in the event the Contractor has less than five (5) years of payments remaining on the Note, the Contractor agrees that the treatment afforded to the claim of the City under any confirmed plan of reorganization shall provide that the remaining payments shall be satisfied in accordance with the Note, and that the remaining payments or claim shall not be extended or amortized over a longer period than the time remaining under the Note. 17.4.2 Should this Agreement be entered into and fully executed by the parties, and the funds have not been forwarded to Contractor, the following shall occur: 17.4.2.1 In the event the Contractor files a voluntary petition pursuant to 11 U.S.C. 301 or 302, or an order for relief is entered under 11 U.S.C. 303., the Contractor acknowledges that the commencement of a bankruptcy proceeding constitutes an event of default under the terms of this Agreement. Further, the Contractor acknowledges that this Agreement constitutes an executory contract within the meaning of 11 U.S.C. 365. The Contractor acknowledges that this Agreement is not capable of being assumed pursuant to 11 U.S.C. 365(c)(2), unless the City expressly consents in writing to the assumption. In the event the City consents to the assumption, the Contractor agrees to file a motion to assume this Agreement within ten (10) days after receipt of written Item # 9Attachment #4 Page 121 of 186 268 of 413 Rev. 10/1/2015 C-31 consent from the City, regardless of whether the bankruptcy proceeding is pending under Chapter 7, 11, or 13 of Title 11 of the United States Code. The Contractor further acknowledges that this Agreement is not capable of being assigned pursuant to 11 U.S.C. 365(b)(1). 17.5 Termination for Convenience: This Contract may be terminated for convenience in writing by City upon thirty (30) days written notice to Contractor (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 17.6 Where the Contractor’s service have been so terminated by the City, the termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 17.7 The Contractor has no right, authority or ability to terminate the Work except for the wrongful withholding of any payments due the Contractor from the City. ARTICLE 18 – DISPUTE RESOLUTION 18.1 Resolution of Disputes: Questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Agreement as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents which cannot be resolved by mutual agreement of Contract Administrator and Contractor shall be submitted to the Consultant for resolution. When either party has determined that a disputed question, claim, difficulty or dispute is at an impasse, that party shall notify the other party in writing and submit the question, claim, difficulty or dispute to the Consultant for resolution. The parties may agree to a proposed resolution at any time without the involvement and determination of the Consultant. 18.1.1 Consultant shall notify Contract Administrator and Contractor in writing of Consultant’s decision within twenty-one (21) calendar days from the date of the submission of the question, claim, difficulty or dispute, unless Consultant requires time to gather information or allow the parties to provide additional information. 18.1.2 In the event the determination of a dispute by the Consultant under this Article is unacceptable to any of the parties hereto, the party objecting to the determination must notify the other party and the City Manager, in writing within ten (10) days after receipt of the determination. The notice must state the basis of the objection and the proposed resolution. Final resolution of such Item # 9Attachment #4 Page 122 of 186 269 of 413 C-32 dispute shall be made by the City Manager. The City Manager’s decision shall be final and binding on the parties. 18.1.3 All non-technical administrative disputes (such as billing and payment) shall be determined by Contract Administrator. 18.1.4 During the pendency of any dispute and after a determination thereof, Contractor, Consultant, and Contract Administrator shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. During the pendency of any dispute arising under this Agreement, other than termination herein, Contractor shall carry on the Work and adhere to the progress schedule. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 18.1.5 For any disputes which remain unsolved, within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all unresolved disputes. A mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies under applicable law. If a party objecting to a determination, fails to comply in strict accordance with the requirements of this Article, said party specifically waives all of its rights provided hereunder, including its rights and remedies under applicable law. ARTICLE 19 – NOTICES 19.1 All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail, return receipt requested to the following: To the City: City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 with copies to: Project Manager and City Attorney City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 To the Contractor: _____________________________ _____________________________ _____________________________ Item # 9Attachment #4 Page 123 of 186 270 of 413 C-33 ARTICLE 20 – LIMITATION OF LIABILITY 20.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on the City’s liability for any cause of action arising out of this Agreement, so that the City’s liability for any breach never exceeds the sum of $1,000. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor expresses its willingness to enter into this Agreement with the knowledge that the Contractor’s recovery from the City to any action or claim arising from the Agreement is limited to a maximum amount of $1,000, which amount shall be reduced by the amount actually paid by the City to the Contractor pursuant to this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended either to be a waiver of the limitation placed upon the City’s liability as set forth in Section 768.28, Florida Statutes, or to extend the City’s liability beyond the limits established in said Section 768.28; and no claim or award against the City shall include attorney’s fees, investigative costs, expert fees, suit costs or pre-judgment interest. 20.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. ARTICLE 21 – GOVERNING LAW 21.1 This Agreement shall be governed by the laws of the State of Florida. Both Parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this Agreement. Venue for any claim, objection or dispute arising out of this Agreement shall be in Broward County, Florida. By entering into this contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. ARTICLE 22 – MISCELLANEOUS 22.1 The duties and obligations imposed by this Agreement and the rights and remedies available to the parties and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City, are in addition to, and are not to be construed in any Item # 9Attachment #4 Page 124 of 186 271 of 413 C-34 way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents, and the provisions of this Paragraph will survive final payment and termination or completion of this Agreement. 22.2 The Contractor shall not assign or transfer this Agreement or its rights, title or interests. The obligations undertaken by the Contractor pursuant to this Agreement shall not be delegated or assigned to any other person or firm. Violation of the terms of this Paragraph shall constitute a material breach of Agreement by the Contractor and the City any, at its discretion, cancel this Agreement and all rights, title and interest of the Contractor which shall immediately cease and terminate. 22.3 The Contractor and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be constructed to create a partnership, association or any other kind of joint undertaking or venture between the Parties. 22.4 The City reserves the right to audit the records of the Contractor relating in any way to the Work to be performed pursuant to this Agreement at any time during the performance and term of this Agreement and for a period of three (3) years after completion and acceptance by the City. If required by the City, the Contractor agrees to submit to an audit by an independent certified public accountant selected by the City. The Contractor shall allow the City to inspect, examine and review the records of the Contractor at any and all times during normal business hours during the term of this Agreement. 22.5 The remedies expressly provided in this Agreement to the City shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of the City now or later existing at law or in equity. 22.6 Should any part, term or provisions of this Agreement be decided by the courts to be invalid, illegal or in conflict with any state or federal law, the validity of the remaining portion or provision shall not be affected. 22.7 Scrutinized Companies: Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (11th Cir. 2013), this Section applies to any contract for goods or services of $1 million or more: The CONSULTANT certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2014), as may be amended or revised. The CITY may terminate this Contract at the CITY's option if the CONSULTANT is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2014), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Item # 9Attachment #4 Page 125 of 186 272 of 413 C-35 Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2014), as may be amended or revised. 22.8 Public Entity Crimes: In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. THIS SPACE INTENTIONALLY LEFT BLANK Item # 9Attachment #4 Page 126 of 186 273 of 413 C-36 Annual Utilities Restoration (Contractor) Project 11905 CITY IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY OF FORT LAUDERDALE, a municipal corporation of the State of Florida By: _______________________________ LEE R. FELDMAN, City Manager (CORPORATE SEAL) ATTEST: By: ______________________________ JEFFREY A. MODARELLI City Clerk Approved as to Legal Form: By:_____________________________ RHONDA MONTOYA HASAN Assistant City Attorney Item # 9Attachment #4 Page 127 of 186 --- 274 of 413 C-37 CONTRACTOR WITNESSES: CONTRACTOR., a Florida corporation. _______________________________ By__________________________________________ _______________________________ _______________________ _________________ Print Name PRINT NAME Title _______________________________ ATTEST: _______________________________ BY: ________________________________________ Print Name _____________________ __________________ PRINT NAME Secretary (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me this _____ day of ______, 2015, by ______________ (Name), _______________ (Title) of _________________ (CONTRACTOR), a Florida corporation, on behalf of the Corporation. SEAL Notary Public, State of Florida Name of Notary Typed, Printed or Stamped Personally Known or Produced Identification: Type of Identification Produced: _______________________ Item # 9Attachment #4 Page 128 of 186 D D 275 of 413 GC-1 GENERAL CONDITIONS Unless otherwise modified in the projects special conditions, the following General Conditions shall be part of the Contract: GC - 01 - DEFINITIONS - The following words and expressions, or pronouns used in their stead, shall wherever they appear in the Contract and the Contract Documents, be construed as follows: "Addendum" or "Addenda" - shall mean the additional Contract provisions issued in writing, by the Engineer, prior to the receipt of bids. "Bid" – shall mean the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. "Bidder" – shall mean any person, firm, company, corporation or entity submitting a Bid for the Work. "Bonds" –shall mean Bid, performance and payment bonds and other instruments of security, furnished by Contractor and his surety in accordance with the Contract Documents. “City” – shall mean the City of Fort Lauderdale, Florida, a Florida municipal corporation. In the event the City exercises its regulatory authority as a government body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City’s authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purpose of this Contract, “City” without modification shall mean the City Commission, and/or City Manager or his/her designee(s) as applicable. "Public Works Director" –shall mean the Public Works Director of the City of Fort Lauderdale, Florida or his/her designee(s). "Consultant" – shall mean a person, firm, company, corporation or other entity employed by the City to perform the professional services for the project. “Contract Work” - shall mean everything expressed or implied to be required to be furnished and furnished by the Contractor by any one or more of the parts of the Contract Documents referred to in the Contract hereof except Extra Work as hereinafter defined, it being understood that, in case of any inconsistency in or between any part or parts of this Contract, the Public Works Director shall determine which shall prevail. “Design Documents” – shall mean the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared either by the City or by the Consultant under a separate Agreement with the City. "Extra Work" - shall mean work other than that required by the Contract. "Inspector" – shall mean an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. "Notice" - shall mean written notice sent by certified United States Mail, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or via fax or email, or by Item # 9Attachment #4 Page 129 of 186 276 of 413 GC-2 hand delivery with a request for a written receipt of acknowledgment of delivery and shall be served upon the Contractor either personally or to its place of business listed in the Bid. "Site" - shall mean the area upon or in which the Contractor's operations are carried out and such other areas adjacent thereto as may be designated as such by the Public Works Director. "Subcontractor" - shall mean any person, firm, company, corporation or other entity, other than employees of the Contractor, who or which contracts with the contractor, to furnish, or actually furnishes labor and materials, or labor and equipment, or labor, materials and equipment at the site. "Surety" - shall mean any corporation or entity that executes, as Surety, the Contractor's performance and payment bond securing the performance of this Contract. GC - 02 - SITE INVESTIGATION AND REPRESENTATION - The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Site, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor acknowledges that it has conducted extensive tests, examinations and investigations and represents and warrants a thorough familiarization with the nature and extent of the Contract Documents, the Work, locality, soil conditions, moisture conditions and all year-round local weather and climate conditions (past and present), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor’s experts, has determined that no conditions exist that would in any manner affect the Bid Price and that the project can be completed for the Bid Price submitted. The Contractor, on its own, has made or caused to be made examinations, investigations, tests and studies of reports and related data in addition to those referred above, as Contractor deemed necessary to perform the Work at the Bid price set by the Contractor, within the contract time and in accordance with the other terms and conditions of the Contract Documents and the Bid made by the Contractor; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor to assure that the Work can be done at the Bid price set by the Contractor. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the project Site as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in the Contract Documents and finds and has further determined that no conditions exist that would in any manner affect the Bid price and that the project can be completed for the Bid price submitted.. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the project Site will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports, the Contractor shall notify the City and the Contract amount may be adjusted depending on the conditions, at the approval of the City. Item # 9Attachment #4 Page 130 of 186 277 of 413 GC-3 GC - 03 - SUBSTITUTIONS - If the Contractor desires to use materials and/or products of manufacturer's names different from those specified in the Contract Documents, the Bidder requesting the substitution shall make written application as described herein. The burden of proving the equality of the proposed substitution rests on the Bidder making the request. To be acceptable, the proposed substitution shall meet or exceed all expressed requirements of the Contract Documents and shall be submitted upon the Contractor's letterhead, in addition to the "Contractor's Request for Substitution" form provided by the Public Works Director. The following requirements shall be met in order for the substitution to be considered: 1. Requests for substitution shall reach the Public Works Director no less than ten (10) Working Days prior to the date set for opening of Bids; and 2. Requests for substitution shall be accompanied by such technical data, as the party making the request desires to submit. The Public Works Director will consider reports from reputable independent testing laboratories, verified experience records from previous users and other written information valid in the circumstances; and 3. Requests for substitution shall completely and clearly indicate in what respects the materials and/or products differ from those indicated in the Contract Documents; and 4. Requests for substitution shall be accompanied by the manufacturer's printed recommendations clearly describing the installation, use and care, as applicable, of the proposed substitutions; and 5. Requests for substitution shall be accompanied by a complete schedule of changes in the Contract Documents, if any, which must be made to permit the use of the proposed substitution; and 6. Provide the "Contractor's Request for Substitution" form, completely executed. Failure to provide all pertinent data will result in immediate rejection of such a request. If a proposed substitution is approved by the Public Works Director, an Addendum will be issued to prospective bidders not less than three (3) working days prior to the date set for opening of Bids. Unless substitutions are received and approved as described above, the successful Bidder shall be responsible for furnishing materials and products in strict accordance with the Contract Documents. GC - 04 - CONTROL OF THE WORK - The Public Works Director shall have full control and direction of the Work in all respects. The Public Works Director and/or his authorized designee(s) shall, at all times, have the right to inspect the Work and materials. The Contractor shall f urnish all reasonable facilities for obtaining such information, as the Public Works Director may desire respecting the quality of the Work and materials and the manner of conducting the Work. Should the Contractor be directed or permitted to perform night Work, or to vary the period which work is ordinarily carried on in the daytime, he shall give ample notice to the Public Works Director so that proper and adequate inspection may be provided. Such Work shall be done only under such regulations as are furnished in writing by the Public Works Director, and no extra compensation shall be allowed to the Contractor therefore. In the event of night work, the Contractor shall furnish such light, satisfactory to the Public Works Director, as will insure proper inspection. Nothing herein contained shall relieve the Contractor from compliance with any and all City ordinances relating to noise or Work during prohibited hours. Item # 9Attachment #4 Page 131 of 186 278 of 413 GC-4 The Contractor shall keep the Public Works Director informed, a reasonable time in advance, as to his need for grades and lines in order that the same may be furnished and all necessary measurements made for records and for payment with the minimum of inconvenience to the Public Works Director or of delay to the Contractor. The Contractor shall submit to the Public Works Director or Inspector on the job a written request outlining the streets, etc., for which the Contractor desires lines and grades. It is the intention not to delay the Work for the giving of lines and grades, but when necessary, work operations shall be suspended for such reasonable time as the Public Works Director may require for this purpose. However, such cost increases shall be authorized either by the City Manager and/or designee, or the City Commission based upon the purchasing threshold amounts provided for in Chapter 2 of the City of Fort Lauderdale’s Code of Ordinances. GC - 05 - SUBCONTRACTOR - The Contractor shall not sublet, in whole or any part of the Work without the written consent and approval of the Public Works Director. Within ten (10) days after official notification of starting date, the Contractor must submit in writing, to the Public Works Director, a list of all Subcontractors. No Work shall be done by any Subcontractor until such Subcontractor has been officially approved by the Public Works Director. A subcontractor not appearing on the original list will not be approved without written request submitted to the Public Works Director and approved by the Public Works Director. In all cases, the Contractor shall give his personal attention to the Work of the Subcontractors and the Subcontractor is liable to be discharged by the Contractor, at the direction of the Public Works Director, for neglect of duty, incompetence or misconduct. Acceptance of any Subcontractor, other person, or organization by the Public Works Director shall not constitute a waiver of any right of Public Works Director to reject defective Work or Work not in conformance with the Contract Documents. Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between City and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due to any Subcontractor or other person, or organization, except as may otherwise be required by law. GC – 06 - QUANTITIES - It is mutually agreed that the proposal shows the approximate amounts only along with the Plans and the general location. It is also mutually agreed that no change will be made involving any departure from the general scheme of the Work and that no such change involving a material change in cost, either to the City or Contractor, shall be made, except upon written permission of the City. However, the Public Works Director shall have the right to make minor alternations in the line, grade, plan, form or materials of the Work herein contemplated any time before the completion of the same. That if such alterations shall diminish the quantity of the Work to be done, such alterations shall not constitute a claim for damages or anticipated profits. That if such alterations increase the amount of the Work to be done, such increase shall be paid for according to the quantity actually performed and at the unit price or prices stipulated therefore in the Contract. The City shall, in all cases of dispute, determine the amount or quantity of the several kinds of Work which are to be paid for under this Contract, and shall decide all questions relative to the execution of the same, and such estimates and decisions shall be final and binding. Item # 9Attachment #4 Page 132 of 186 279 of 413 GC-5 Any Work not herein specified, which might be fairly implied as included in the Contract, of which the City shall judge, shall be done by the Contractor without extra charge. However, such cost increases shall be authorized either by the City Manager and/or designee, or the City Commission based upon the purchasing threshold amounts provided for in Chapter 2 of the City of Fort Lauderdale’s Code of Ordinances. GC–07 - NO ORAL CHANGES - Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. GC - 08 - PERMITS AND PROTECTION OF PUBLIC – Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Contract. A copy of all permits shall be given to the City and become part of the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. The Contractor shall be required to observe all the ordinances in relation to obtaining permits for occupying, excavating, or in any way obstructing the streets and alleys. He shall erect and maintain barricades and sufficient safeguards around all excavations, embankments or obstructions; he shall place sufficient warning lights at or near the Work; keep the same burning from sunset to sunrise, employ watchmen, and strictly obey all laws and ordinances controlling or limiting those engaged in similar work. Where there are telephones, light or power poles, water mains, conduits, pipes or drains or other construction, either public or private, in or on the streets or alleys, the Work shall be so conducted that no interruption or delay will be caused in the operation or use of the same. Proper written notice shall be given, and all the facilities, afforded the owners of such construction encountered or likely to be encountered, as will enable them to preserve the same from injury. The Contractor shall not be permitted to interfere with public travel and convenience by grading or tearing up streets indiscriminately, but the Work of constructing the various items in this contract shall proceed in an orderly, systematic and progressive manner. Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it. Where lifting operations involving the use of specialized cranes are required as part of construction, Contractor must make undertake the following investigation and submit the results and documentation to the Engineer prior to commencing any lifting operations: marking a very specific area in the field for the placement of the crane; a drawing showing the limitations of the job operation (i.e. not over adjacent properties or pedestrian and high vehicular traffic areas);underground utility exploration in the vicinity of the crane location, which may include ground penetrating radar to identify voids or old pipe or other subsurface features that could lead to sudden failure; assessment of the underlying soil and roadway materials and a worst case analysis based on entire load being distributed on just one or two outriggers; provision of properly sized pads under the outriggers; loading charts from manufacturer showing allowable configurations/loads; and inspection to make sure crane operation is in accordance with the permit conditions. Item # 9Attachment #4 Page 133 of 186 280 of 413 Rev. 6/9/2014 GC-6 GC - 09 - DISEASE REGULATIONS - The Contractor shall enforce all sanitary regulations and take all precautions against infectious diseases as the Public Works Director may deem necessary. Should any infectious or contagious diseases occur among his employees, he shall arrange for the immediate removal of the employee from the Site and isolation of all persons connected with the Work. GC - 10 - CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND DATA - The Contractor shall verify all dimensions, quantities, and details shown on the plans, supplementary drawings, schedules, or other data received from the Public Works Director, and shall notify the Public Works Director of all errors, omissions, conflicts and discrepancies found therein within three (3) working days of discovery. Failure to discover or correct errors, conflictions, or discrepancies shall not relieve the Contractor of full responsibility for unsatisfactory Work, faulty construction, or improper operation resulting there from nor from rectifying such condition at his own expense. GC - 11 - SUPPLEMENTARY DRAWINGS - When, in the opinion of the Public Works Director, it becomes necessary to explain more fully the Work to be done, or to illustrate the work further, or to show any changes which may be required, drawings, known as supplementary drawings, with specifications pertaining thereto, will be prepared by the Public Works Director and copies will be given to the Contractor. The supplementary drawings shall be binding upon the Contractor with the same force as the original Plans. Where such supplementary drawings require either less or more than the estimated quantities of work, credit to the City or compensations therefore to the Contractor shall be subject to the terms of the Contract. GC - 12 - MATERIALS AND WORKMANSHIP - All material and workmanship shall, in every respect, be in conformity with approved modern practice and with prevailing standards of performance and quality. In the event of dispute the Public Works Director’s decision shall be final. Wherever the Plans, specifications, Contract Documents, or the directions of the Public Works Director are unclear as to what is permissible and/or fail to note the quality of any Work, that interpretation will be made by the Public Works Director, which is in accordance with approved modern practice, to meet the particular requirements of the Contract. In all cases, new materials shall be used, unless this provision is waived by notice from the City in writing. GC - 13 - SAFEGUARDING MARKS - The Contractor shall safeguard all points, stakes, grade marks, monuments, and bench marks made or established on the Work, bear the cost of re- establishing same if disturbed, or bear the entire expense of rectifying Work improperly installed due to not maintaining or protecting or for removing without authorization, such established points, stakes and marks. The Contractor shall safeguard all existing and known property corners, monuments and marks not related to the Work and, if required, shall bear the cost of having them re-established by a licensed surveyor if disturbed or destroyed during the course of construction. GC - 14 - EXISTING UTILITY SERVICE - All existing utility service shall be maintained with a minimum of interruption at the expense of the Contractor. GC - 15 - JOB DESCRIPTION SIGNS – Contractor, at Contractor’s expense, shall furnish, erect, and maintain suitable weatherproof signs on jobs over $100,000 containing the following information: Item # 9Attachment #4 Page 134 of 186 281 of 413 Rev. 6/9/2014 GC-7 1. City Seal (in colors) 2. Project or Improvement Number 3. Job Description 4. Estimated Cost 5. Completion Date Minimum size of sign shall be four feet high, eight feet wide and shall be suitably anchored. The entire sign shall be painted and present a pleasing appearance. Exact location of signs will be determined in the field. Two (2) signs will be required, one at each end of the job. All costs of this work shall be included in other parts of the work. GC - 16 - FLORIDA EAST COAST RIGHT-OF-WAY - Whenever a City contractor is constructing within the Florida East Coast Railway Company's Right-of-Way, it will be mandatory that the contractor carry separate bodily injury and property damage insurance in the amounts as stated below. This insurance shall be taken out and maintained during the life of the Contract. Bodily injury insurance in an amount not less than $500,000.00 for injuries, including wrongful death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of any one occurrence, and Property damage insurance in an amount not less than $500,000.00 for damages on account of any one occurrence and in an amount not less than $1,000,000.00 for damages on account of all occurrences. GC - 17 - ACCIDENTS - The Contractor shall provide such equipment and facilities as are necessary and/or required, in the case of accidents, for first aide services to be provided to a person who may be injured during the project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Public Works Director every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. GC - 18 - SAFETY PRECAUTIONS - Contractor must adhere to the applicable environmental protection guidelines for the duration of a project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Broward County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all Federal, State and local regulations. Item # 9Attachment #4 Page 135 of 186 282 of 413 GC-8 GC - 19 - DUST PREVENTION - The Contractor shall, by means of a water spray, or temporary asphalt pavement, take all necessary precautions to prevent or abate a dust nuisance arising from dry weather or Work in an incomplete stage. All costs of this Work shall be included in cost of other parts of the Work. Should the Contractor fail to abate a dust nuisance by the above methods, and then he will be required to immediately construct temporary patches per City standards. GC - 20 - PLACING BARRICADES AND WARNING LIGHTS - The Contractor shall furnish and place, at his own expense, all barricades, warning lights, automatic blinker lights and such devices necessary to properly protect the work and vehicular and pedestrian traffic. Should the Contractor fail to erect or maintain such barricades, warning lights, etc., the Public Works Director may, after 24 hours’ notice to the Contractor, proceed to have such barricades and warning lights placed and maintained by City or other forces and all costs incurred thereof charged to the Contractor and may be retained by the City from any monies due, or to become due, to the Contractor. GC - 21 - TRAFFIC CONTROL - The Contractor shall coordinate all Work and obtain, through the Engineering Department, any permits required to detour traffic or close any street before starting to work in the road. The following section: Part VI Traffic Controls for Street and Highway Construction and Maintenance Operations, MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, U.S. Department of Transportation Federal Highway Administration, 2009, or current edition, shall be used as a guide for requirement and placement of traffic control devices, signs and barricades. The Public Works Director shall determine requirements for the above. The above publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. In the event that a Maintenance of Traffic (MOT) Plan is required, the Plan shall be prepared by an A.A.S.T.A. certified technician. All traffic control devices, flashing lights, signs and barricades shall be maintained in working condition at all times. GC - 22 - COORDINATION - The Contractor shall notify all utilities, transportation department, etc., in writing, with a copy to the Public Works Director before construction is started and shall coordinate his Work with them. The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal, construction and rearrangement operations in order that services rendered by these parties will not be unnecessarily interrupted. The Contractor shall arrange his Work and dispose of his materials so as to not interfere with the operation of other Contractors engaged upon adjacent work and to join his Work to that of others in a proper manner and to perform his Work in the proper sequence in relation to that of other Contractors all as may be directed by the Public Works Director. Each Contractor shall be responsible for any damage done by him or his agents to the work performed by another Contractor. The Contractor shall contact the Broward County Transportation Department and the Florida Department of Transportation, as applicable, to verify and obtain location of any and all traffic conduits, loops, and street light underground services. GC - 23 - WATER - Bulk water used for construction, flushing pipelines, and testing shall be obtained from fire hydrants. Contractor shall make payment for hydrant meter at Treasury Billing Item # 9Attachment #4 Page 136 of 186 283 of 413 GC-9 Office, 1st Floor, City Hall, 100 N. Andrews Avenue. With the paid receipt, contractor can pick up hydrant meter at the utility location office. No connection shall be made to a fire hydrant without a meter connected. GC - 24 - PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES - Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (11th Cir. 2014), this Section applies to any contract for goods or services of $1 million or more: The Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2014), as may be amended or revised. The City may terminate this Contract at the City’s option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2014), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2014), as may be amended or revised. GC - 25 - LOCATION OF UNDERGROUND FACILITIES - If the Proposer, for the purpose of responding to this solicitation, requests the location of underground facilities through the Sunshine State One-Call of Florida, Inc. notification system or through any person or entity providing a facility locating service, and underground facilities are marked with paint, stakes or other markings within the City pursuant to such a request, then the Proposer shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5) of the City of Fort Lauderdale Code of Ordinances. GC - 26 – USE OF FLORIDA LUMBER TIMBER AND OTHER FOREST PRODUCTS - In accordance with Florida Statute 255.20 (3), The City specifies that lumber, timber, and other forest products used for this project shall be produced and manufactured in the state of Florida if such products are available and their price, fitness, and quality are equal. This requirement does not apply to plywood specified for monolithic concrete forms, if the structural or service requirements for timber for a particular job cannot be supplied by native species, or if the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. The Bidder affirms by submitting a bid response to this solicitation that they will comply with section 255.20 (3) Florida Statutes. GC – 27 – PUBLIC RECORDS - Contractor shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (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 Chapter 119, Florida Statutes (2013), as may be amended or revised, 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. Item # 9Attachment #4 Page 137 of 186 284 of 413 Rev. 3/20/2014 GC-10 (d) Meet all requirements for retaining public records and transfer, at no cost, to the City, all public records in possession of the contractor upon termination of this contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Item # 9Attachment #4 Page 138 of 186 285 of 413 PROJECT 11905 DS-1 DETAILED SPECIFICATIONS GENERAL: The work consists of furnishing all labor, tools, material, equipment, supplies and incidentals necessary for the construction of the contract items indicated on the Proposal. Mobilization and demobilization, sanitary facilities, barricades, insurance and bonds, and any other costs relating to performing the work shall be borne by the Contractor and included in the line items unit cost pricing. Work will be performed on City, County, or State roadways, right-of- ways, residential streets and City-owned property. Contractor will be required to respond to emergency situations that may arise within the City at any time, i.e.: sewer break, structure failure, forces main break, etc. Contractor is expected to be available 24 hours a day 7 days a week to respond and perform emergency repair work as needed, including holidays. Refer to specification section 221316 Sanitary Waste and Vent Piping and section 221313 Facility Sanitary Sewers for additional information and requirements. PROCEDURE FOR ASSIGNMENT OF WORK: All work is scheduled through the Public Works Department. An official form (Work Order) with the location and amount of work to be done, including any necessary plans/sketches or back up information will be given to the contractor. Upon receipt of a Work Order, the contractor shall provide a cost estimate, based on the line items in the Contract, within seven (7) working days. Work order estimate(s)will be used to prepare the Task Order(s) for approval by the City Manager. The contractor will be provided with executed Task Order(s) upon approval by the City Manager, and notified to proceed with the work. The contractor shall commence work of each executed task order within ten (10) working days of a notice to proceed for the specific task order. Prior to commencing work, the contractor shall submit a schedule to the Project Manager, identifying the number of working days that will be required to complete the scope of work for the specific task order. The work shall be completed within the time period identified in the approved schedule, subject to approved extensions authorized by the Project Manager. Failure to complete the work of any task order, within the agreed to and approved schedule timeframe, shall subject the contractor to Article 16 Liquidated Damages, provision of the contract. WORK IN MAJOR STREETS: Where the repair is located on streets under the jurisdiction of FDOT or Broward County, or on city streets with a classification of collector street or higher, the work may be directed by the authority having jurisdiction, to be executed at nighttime, weekends, or legal holidays, to mitigate traffic impacts and/or reduce inconvenience to the travelling public. The contractor is hereby informed that there shall be no additional compensation for executing work orders outside of normal working hours, where required as a permit condition by the authority having jurisdiction or where required by the city because of the nature of the location, e.g. business/commercial district, as in a downtown area. INSPECTOR OVERTIME: The contractor’s attention is directed to Article 8.10, Sheet C-10 of the Construction Agreement, concerning regular work hours and inspector overtime charges. Unless incurred as a result of a permit condition, the contractor shall pay for additional charges Item # 9Attachment #4 Page 139 of 186 286 of 413 DETAILED SPECIFICATIONS (continued) PROJECT 11905 DS-2 to the city for inspector overtime work. Such additional charges shall be a subsidiary obligation of the contractor and no extra payment shall be made to the contractor for overtime work. The cost to the contractor to reimburse the City for overtime inspection is established at direct-labor and overtime costs for each person or inspector required. Incidental overtime costs for engineering, testing and other related services will also be charged to the contractor at the actual rate accrued. QUANTITIES OF WORK: The quantities of work in the Proposal are a rough approximation only. The total quantities of work to be included in this contract and actually performed may vary widely depending upon the work that will be authorized by the City during the period of this contract. CONTRACT DATE: This contract shall run for one (1) year, commencing on the date of Commission approval. All task orders executed before the actual termination date must be completed under this contract. CONTRACTOR EXTENSION: The City reserves the right to extend the contract for 3 additional 1 year terms, providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. CONTRACTOR EXPERIENCE: Contractor shall have been performing underground pipeline (Engineering Contractor Class 1A License) for a minimum of five (5) years. The qualifier for the Contractor’s firm must be an officer or principal of that firm. In addition, Contractor shall have three (3) years’ experience working on public agency projects. The work anticipated under this contract occasionally involves working in difficult ground conditions, involving deep excavations, high water table, well-pointing etc. The successful contractor must be able to show experience with pressure pipe and gravity sewer work in similar type conditions. Contractor must also have successfully completed permitted work not only in roads under local jurisdictions but also in county and state jurisdictions. SPECIFICATIONS: All work shall be done in accordance with GENERAL CONDITIONS, except where noted otherwise in these detailed specifications. REMOVAL OF PIPE: Contractor shall excavate down to the existing pipe with a backhoe; however, sections of pipe shall be removed by hand excavation around the pipe. Special care shall be used to prevent damage to existing sections of pipe. CONNECTION TO EXISTING PIPE: Contractor shall visually check the existing pipeline (minimum 20’) to determine physical condition. The contractor shall provide a lamp for this inspection. No pipe shall be connected to another which has a crack or any damage. The existing pipe shall be cut with a saw or pipe cutter. After the existing pipe is cut and cleaned, contractor shall check condition of pipe and adjacent pipe for any damage, verify elevation of existing pipe, and notify the City’s Project Manager that pipe is ready for inspection, prior to making connection. Connection shall not be made until authorized by the City’s Project Manager. Upstream connection shall be made so that gap between pipe ends is less than ½- inch. The new pipe (C-900 plastic 150 psi for gravity sanitary sewers and laterals) and existing pipe shall be connected by use of a Fernco or Atlas coupling with stainless steel shear band. Item # 9Attachment #4 Page 140 of 186 287 of 413 DETAILED SPECIFICATIONS (continued) PROJECT 11905 DS-3 ITEM 1: WELL POINT SYSTEM: Shall include well point pump, header pipe, and points, up to 40LF installed around excavation with discharge pipe to drainage structure and/or sedimentation box as required by the permitting jurisdiction and City’s Project Manager. ITEM 1A: If header pipe and points are required in excess of 40LF of excavation. Extension shall mean on both sides; i.e., 10-feet header pipe and points each side paid for as 1-10 foot increase. NOTE: Additional header lengths must be 5-feet or greater beyond the 10-foot increment to count as an additional 10-foot increase. ITEM 2: BYPASS PUMP: Contractor shall provide all required pipe, hose, plugs, and pump to re-route wastewater or storm water around repair location during construction. Dependent on the location, the contractor may be required to build an enclosure around pumps or use an electric pump as primary bypass for noise abatement issues. On sewer lines with minimum flow, as authorized by the City’s Project Manager and utility, the upstream manhole may be plugged and wastewater pumped out by the Public Services Department vacuum truck. ITEMS 3A, 3B, 3C: REPAIR OR REPLACE EXISTING SANITARY SEWER PIPE: Shall be used for the repair and replacement of existing sanitary sewer pipe 8-inch or 10-inch diameter, up to 20LF. Contractor shall remove (carefully) existing vitrified clay or other pipe and replace with 8- inch or 10-inch diameter C-900 150 psi rated PVC. New pipe shall be laid on undisturbed suitable soil at bottom of excavation to permit the pipe to be properly laid. Granular material (e.g. ¾ inch washed rock) may be used as an alternate bedding material. See line items on proposal for specified depths of excavation. The ends of the new pipe shall be connected to existing pipe with Atlas or Fernco couplings with stainless steel shear band. ITEMS 3D, 3E, & 3F: REPAIR OR REPLACE EXISTING SANITARY SEWER PIPE: Shall be used for the additional cost to repair or replace existing sanitary sewer pipe 8-inch or 10-inch diameter, in excess of 20LF, as specified in ITEMS 3A, 3B, & 3C. See line items on proposal for specified depths of excavation. ITEM 3G: REPAIR OR REPLACE EXISTING SANITARY SEWER PIPE: Shall be used for the additional cost to repair or replace existing sanitary sewer pipe 12-inch or 15-inch diameter, as specified in ITEMS 3A, 3B, & 3C, at all excavation depths. ITEM 3H: REPAIR OR REPLACE EXISTING SANITARY SEWER PIPE: Shall be used for the additional cost to repair or replace existing sanitary sewer pipe 18-inch diameter, as specified in ITEMS 3A, 3B, & 3C, at all excavation depths. ITEM 3I: REPAIR OR REPLACE EXISTING SANITARY SEWER PIPE: Shall be used for the additional cost to repair or replace existing sanitary sewer pipe 24-inch diameter, as specified in ITEMS 3A, 3B, & 3C, at all excavation depths. ITEM 4: REMOVE EXISTING PIPE AND INSTALL NEW INTO EXISTING SANITARY SEWER MANHOLE: Shall be used to replace existing pipes entering existing sanitary sewer manholes as required. ITEM 5: LATERALS: Shall be used for the installation of new 6-inch diameter laterals, and repair or replacement of existing 6-inch diameter laterals. This item shall include all materials, wye (or tee), bends, lateral pipe (PVC SDR26), up to 20LF beyond centerline of main. Item # 9Attachment #4 Page 141 of 186 288 of 413 DETAILED SPECIFICATIONS (continued) PROJECT 11905 DS-4 ITEM 5A: LATERALS: Shall be used for the additional cost of installing new 6-inch diameter laterals, and repair or replacement of existing 6-inch diameter laterals in excess of 20LF from centerline of main, as specified in ITEM 5. ITEM 5B: LATERALS: Shall be used for the additional cost for repair, replacement, or relocation, of existing lateral stacks (single or double), or lateral lines at locations already under repair under this contract. A new wye or tee shall be installed in the main sewer. The lateral line shall be installed so that it makes a maximum angle of 45˚ with the horizontal plane. Where existing lateral is a stack connection, the lateral shall be removed or re-laid to less than 45˚ angle. This item shall include all materials, wye (or tee), bends, 6-inch lateral pipe and coupling to reconnect to existing lateral line. This item shall include, lateral stack, lateral line, replacing damaged pipe and fittings with new C-900, Class 150 pipe, fittings, Atlas couplings (or equal) and compacted backfill. Existing lateral lines damaged by the contractor will not be paid for by the City. The contractor shall use care in removing existing lateral lines when repairing main line. Contractor is advised that work for new lateral construction may be reduced or even eliminated. ITEM 6, 6A, 6B, 6C, 6D: MAHOLES: Shall be used to furnish and install 4-ft. diameter precast concrete sanitary sewer manholes. This item shall include cast iron frame and cover, and all necessary tie-ins for a complete installation. Contractor shall submit shop drawings of manhole to City’s Project Manager for approval prior to purchase and installation of manhole. See specific line item in proposal for height of structures. ITEM 7: CORING: Shall be used for coring existing structures for pipe tie-ins. This item shall include saw-cutting, bricks and mortar, and all necessary tools and equipment for a complete tie-in to an existing structure. ITEM 8: DE-MUCKING: When unstable soil or unsuitable material is encountered at the proposed sewer elevation, it shall be removed to a depth that is suitable, and replaced with ¾” washed rock (#57 stone) to provide a suitable bedding foundation for the pipe. Work shall include removal and disposal of muck, debris, organic, or other deleterious material. Clean fill shall also be provided under structures to provide a stable base to set structure. The contractor may utilize select on-site excavated material as fill, if determined suitable by the City. The contractor shall be aware that the basis of payment for the work will be the volume of fill or stone hauled-in and installed by the contractor at the unit price bid in the proposal.The contractor and the City’s Project Manager shall, agree in advance, on the capacity of each truck delivering fill and or stone. The contractor shall provide the Project Manager with tickets to substantiate the quantities submitted for payment. ITEM 9: DUCTILE IRON PIPE: Shall be used to furnish and install ductile iron pipe fittings, 350 rating in sizes 4-inch to 24-inch diameter. ITEM 10: 12-INCH LIMEROCK: Contractor shall square off existing lime rock base and stabilized sub-base and install 12-inch thickness of lime rock. Lime rock to be installed in 6-inch compacted lifts. ITEM 11: ASPHALTIC CONCRETE: Contractor shall saw-cut existing asphalt minimum 1-foot behind new lime rock base. A minimum 1-1/2-inch-thick (or up to 2” if in Collector, County, or State road, or if required to match existing pavement) asphaltic concrete surface shall be Item # 9Attachment #4 Page 142 of 186 289 of 413 DETAILED SPECIFICATIONS (continued) PROJECT 11905 DS-5 installed over the trench area between saw-cuts. Work shall also include application of prime coat or tack coat as applicable. ITEM 12: MILLING AND PAVING: Shall be used for milling and paving existing asphalt to a depth of 2-inches. ITEM 13: MAINTENANCE OF TRAFFIC: Shall be used for traffic control on local city streets and residential roads. Contractor shall provide a traffic control plan prepared by a certified ATSSA certified technician and obtain MOT permit from the City of Fort Lauderdale with all required signatories. ITEM 14 & 15: SOD: Shall be used for sod replacement within the work limits. Damaged areas by the contractor’s operations, outside the work limits, shall not be paid for under Item 14 or Item 15. St. Augustine “Floritam” shall be used in irrigated areas or when required to match existing turf; Bahia sod shall be used in non-irrigated areas. ITEM 16: SHEET PILING: Payment for sheet piling (Z) piles shall be based on square foot of contact area within the supported trench/excavation. Contractor will not be paid for un-driven sheet-piling above the top level of the excavation. ITEM 17: FLOWABLE FILL: Flowable fill is an alternative for general backfill or compacted granular fill, to be used dependent on site conditions, as authorized by the City’s Project Manager. Fill shall be excavatable type, maximum 100 PSI, 28 day compressive strength and shall conform to FDOT standard Specifications for Road and Bridge Construction, Section 121. ITEM 18: STEEL PLATES: Furnish and install temporary traffic bearing plates, 1” x 10’ x 20’, when required. Include asphalt transition to secure plates in place, remove and haul away upon completion. Unit cost shall be per location. ITEM 19: RESTORATION ALLOWANCE: There are locations where sewer mains have been installed along easements between private properties, and the contractor must access across private property to perform repairs in the easement. Scope of restoration work which is above and beyond sod or planting replacement shall be reviewed and agreed upon by the City’s Project Manager and Contractor prior to proceeding with the work of this line item. ITEM 20: PERMIT ALLOWANCE: To reimburse the contractor for permit fees paid to each governing agency by the contractor. Only actual permit fees, no mark-up, administrative, or personnel costs, are allowed for reimbursement under this item. The contractor shall be responsible to obtain all permits required to perform the work. The contractor must submit original receipts in order to obtain reimbursement. ITEM 21: MAINTENANCE OF TRAFFIC: Shall be use for roadways classified as collector, county, or state roadways, Maintenance of Traffic shall be in accordance with a Maintenance of Traffic Plan certified by an ATSSA technician and approved by the appropriate jurisdictional authority – City, County, State. Provide copy of approved MOT plan to City Project Manager. Make a copy available on site at all times. Item 22, 23, & 24: TIME AND MATERIAL: TIME AND MATERIAL RATES ARE FOR COMPENSATION RELATED TO WORK NOT COVERED UNDER THE PROPOSAL LINE ITEMS PORTION OF THE CONTRACT. THIS LINE ITEM SHALL BE USED ONLY AT THE AUTHORIZATION OF THE CITY IN ADVANCE OF THE WORK BEING PERFORMED. Item # 9Attachment #4 Page 143 of 186 290 of 413 DETAILED SPECIFICATIONS (continued) PROJECT 11905 DS-6 Time and material shall include: (a) Labor costs, including fringe benefits such as workers compensation, social security, vacation pay, overhead, profit; Line Item 22A – 22D will be utilized for this item. Labor rates are for the types of classifications normally used in underground utility work. The minimum billing time per workman shall be three (3) hours. Labor rates should represent both direct and indirect costs such as workman’s compensation, sick pay, social security, vacation, etc. There will be no additional compensation when work is outside of normal working hours, such as nights, weekends, and holidays. (b) Equipment costs. Costs shall be the actual time on the job. Rates shall be per the latest edition of the “Rental Rate Blue Book for Construction Equipment”; Line Item 23A – 23EE will be utilized for this item. Equipment rates shall include cost of operator and represent all costs associated with operation of the equipment. Billing for equipment shall be for the time the equipment is used for productive purposes on the job site. All equipment used shall be in proper working condition. Contractor shall not be paid for equipment downtime caused by breakages, repairs, accidents, etc. Once the piece of equipment has completed its function on the job, its time-on-the-job shall be terminated and not billed. Minimum billing time shall be three (3) hours. (c) The actual cost of materials incorporated into the works, including contractor paid transportation charges, and actual cost of supplies reasonably needed for performing the work; Line Item 24 will be utilized for this item. (d) Contractor’s markup shall be 5% on the above cost centers, in accordance with Section 14.1 of the Construction Agreement. The same limitations apply to subcontractor work. Work performance, manpower, usage of subcontractors, and estimated costs assigned under this item shall be agreed upon in advance between the Contractor and the City’s Project Manager. It shall be the contractor’s responsibility to notify the City’s Project Manager prior to the performance of any facet of work under this item. The contractor shall provide documentation in support of claims for reimbursement, including receipts and invoices for these line items. The rates provided shall be the basis for reimbursement to the contractor under line items 22A and 22B. ITEM 25: STORM DRAINAGE ALLOWANCE: Shall be utilized for storm drainage restoration work which is incidental to work at other locations under this contract. It includes replacing and repair of existing RCP, CMP and HDPE pipe, temporary plugs, restoration or replacement of catch basins or storm water manholes. The contractor shall provide documentation in support of claims for reimbursement, including receipts and invoices for this line item. Item # 9Attachment #4 Page 144 of 186 291 of 413 DETAILED SPECIFICATIONS (continued) PROJECT 11905 DS-7 ITEM 26 BONDS ALLOWANCE: Broward County may require separate bonds for repair locations that are within County roadways. This item is for reimbursement to the contractor, who shall submit all supporting documentation to the Project Manager required for payment under this line item. This is a cost “pass-thru” item, and no “mark-up” is allowed. Item # 9Attachment #4 Page 145 of 186 292 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 1 SECTION 221313 FACILITY SANITARY SEWERS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Pipe and fittings. 2. Non-pressure and pressure couplings. 3. Expansion joints and deflection fittings. 4. Backwater valves. 5. Cleanouts. 6. Encasement for piping. 7. Manholes. 1.3 DEFINITIONS A. FRP: Fiberglass-reinforced plastic. 1.4 ACTION SUBMITTALS A. Product Data: For the following: 1. Expansion joints and deflection fittings. 2. Backwater valves. B. Shop Drawings: For manholes. Include plans, elevations, sections, details, and frames and covers. 1.5 INFORMATIONAL SUBMITTALS A. Coordination Drawings: Show pipe sizes, locations, and elevations. Show other piping in same trench and clearances from sewer system piping. Indicate interface and spatial relationship between manholes, piping, and proximate structures. B. Profile Drawings: Show system piping in elevation. Draw profiles to horizontal scale of not less than 1 inch equals 50 feet (1:500) and to vertical scale of not less than 1 inch equals 5 feet (1:50). Indicate manholes and piping. Show types, sizes, materials, and elevations of other utilities crossing system piping. Item # 9Attachment #4 Page 146 of 186 293 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 2 C. Product Certificates: For each type of cast-iron soil pipe and fitting, from manufacturer. D. Field quality-control reports. 1.6 DELIVERY, STORAGE, AND HANDLING A. Do not store plastic manholes, pipe, and fittings in direct sunlight. B. Protect pipe, pipe fittings, and seals from dirt and damage. C. Handle manholes according to manufacturer's written rigging instructions. 1.7 PROJECT CONDITIONS A. Interruption of Existing Sanitary Sewerage Service: Do not interrupt service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary service according to requirements indicated: 1. Notify [Project Manager] no fewer than [two] days in advance of proposed interruption of service. 2. Do not proceed with interruption of service without [Project Manager's] written permission. PART 2 - PRODUCTS 2.1 HUB-AND-SPIGOT, CAST-IRON SOIL PIPE AND FITTINGS A. Pipe and Fittings: ASTM A 74, [Service class] [Service and Extra-Heavy classes] [and] [Extra-Heavy class]. B. Gaskets: ASTM C 564, rubber. C. Calking Materials: ASTM B 29, pure lead and oakum or hemp fiber. 2.2 HUBLESS CAST-IRON SOIL PIPE AND FITTINGS A. Pipe and Fittings: ASTM A 888 or CISPI 301. B. CISPI-Trademark, Shielded Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. ANACO-Husky. b. Dallas Specialty & Mfg. Co. Item # 9Attachment #4 Page 147 of 186 294 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 3 c. Fernco Inc. d. Mission Rubber Company; a division of MCP Industries, Inc. e. Stant; a Tompkins company. f. Tyler Pipe. 3. Description: ASTM C 1277 and CISPI 310, with stainless-steel corrugated shield; stainless-steel bands and tightening devices; and ASTM C 564, rubber sleeve with integral, center pipe stop. C. Heavy-Duty, Shielded Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. ANACO-Husky. b. Clamp-All Corp. c. Dallas Specialty & Mfg. Co. d. Mission Rubber Company; a division of MCP Industries, Inc. e. Stant; a Tompkins company. f. Tyler Pipe. 3. Description: ASTM C 1277 and ASTM C 1540, with stainless-steel shield; stainless- steel bands and tightening devices; and ASTM C 564, rubber sleeve with integral, center pipe stop. D. Cast-Iron, Shielded Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. MG Piping Products Company. 3. Description: ASTM C 1277 with ASTM A 48/A 48M, two-piece, cast-iron housing; stainless-steel bolts and nuts; and ASTM C 564, rubber sleeve with integral, center pipe stop. E. Unshielded Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of-Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. ANACO-Husky. Item # 9Attachment #4 Page 148 of 186 295 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 4 3. Description: ASTM C 1277 and ASTM C 1461, rigid, sleeve-type, reducing- or transition-type mechanical coupling, with integral, center pipe stop, molded from ASTM C 1440, TPE material; with corrosion-resistant-metal tension band and tightening mechanism on each end. 2.3 DUCTILE-IRON, GRAVITY SEWER PIPE AND FITTINGS A. Pipe: ASTM A 746, for push-on joints. B. Standard Fittings: AWWA C110, ductile or gray iron, for push-on joints. C. Compact Fittings: AWWA C153, ductile iron, for push-on joints. D. Gaskets: AWWA C111, rubber. 2.4 DUCTILE-IRON, PRESSURE PIPE AND FITTINGS A. Push-on-Joint Piping: 1. Pipe: AWWA C151. 2. Standard Fittings: AWWA C110, ductile or gray iron. 3. Compact Fittings: AWWA C153. 4. Gaskets: AWWA C111, rubber, of shape matching pipe and fittings. B. Mechanical-Joint Piping: 1. Pipe: AWWA C151, with bolt holes in bell. 2. Standard Fittings: AWWA C110, ductile or gray iron, with bolt holes in bell. 3. Compact Fittings: AWWA C153, with bolt holes in bells. 4. Glands: Cast or ductile iron; with bolt holes and high-strength, cast-iron or high- strength, low-alloy steel bolts and nuts. 5. Gaskets: AWWA C111, rubber, of shape matching pipe, fittings, and glands. 2.5 ABS PIPE AND FITTINGS A. ABS Sewer Pipe and Fittings: ASTM D 2751, with bell-and-spigot ends for gasketed joints. 1. NPS 3 to NPS 6 (DN 80 to DN 150): SDR 35. 2. NPS 8 to NPS 12 (DN 200 to DN 300): SDR 42. B. Gaskets: ASTM F 477, elastomeric seals. 2.6 PVC PIPE AND FITTINGS A. PVC Cellular-Core Sewer Piping: 1. Pipe: ASTM F 891, Sewer and Drain Series, PS 50 minimum stiffness, PVC cellular- core pipe with plain ends for solvent-cemented joints. 2. Fittings: ASTM D 3034, [SDR 35], PVC socket-type fittings. Item # 9Attachment #4 Page 149 of 186 296 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 5 B. PVC Corrugated Sewer Piping: 1. Pipe: ASTM F 949, PVC corrugated pipe with bell-and-spigot ends for gasketed joints. 2. Fittings: ASTM F 949, PVC molded or fabricated, socket type. 3. Gaskets: ASTM F 477, elastomeric seals. C. PVC Profile Sewer Piping: 1. Pipe: ASTM F 794, PVC profile, gravity sewer pipe with bell-and-spigot ends for gasketed joints. 2. Fittings: ASTM D 3034, PVC with bell ends. 3. Gaskets: ASTM F 477, elastomeric seals. D. PVC Type PSM Sewer Piping: 1. Pipe: ASTM D 3034, [SDR 35], PVC Type PSM sewer pipe with bell-and-spigot ends for gasketed joints. 2. Fittings: ASTM D 3034, PVC with bell ends. 3. Gaskets: ASTM F 477, elastomeric seals. E. PVC Gravity Sewer Piping: 1. Pipe and Fittings: ASTM F 679, [T-1] [T-2] wall thickness, PVC gravity sewer pipe with bell-and-spigot ends and with integral ASTM F 477, elastomeric seals for gasketed joints. F. PVC Pressure Piping: 1. Pipe: AWWA C900, [Class 100] [Class 150] [and] [Class 200] PVC pipe with bell- and-spigot ends for gasketed joints. 2. Fittings: AWWA C900, [Class 100] [Class 150] [and] [Class 200] PVC pipe with bell ends. 3. Gaskets: ASTM F 477, elastomeric seals. G. PVC Water-Service Piping: 1. Pipe: ASTM D 1785, [Schedule 40] [and] [Schedule 80] PVC, with plain ends for solvent-cemented joints. 2. Fittings: [ASTM D 2466, Schedule 40] [and] [ASTM D 2467, Schedule 80] PVC, socket type. 2.7 FIBERGLASS PIPE AND FITTINGS A. Fiberglass Sewer Pipe: ASTM D 3262, RTRP, for gasketed joints fabricated with [Type 2, polyester] [Type 2, polyester or Type 4, epoxy] [Type 4, epoxy] resin. 1. Liner: [Reinforced thermoset] [Non-reinforced thermoset] [Thermoplastic] [No liner]. 2. Grade: [Reinforced, surface layer matching pipe resin] [Non-reinforced, surface layer matching pipe resin] [No surface layer]. 3. Stiffness: [9 psig (62 kPa)] [18 psig (124 kPa)] [36 psig (248 kPa)] [72 psig (496 kPa)]. Item # 9Attachment #4 Page 150 of 186 297 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 6 B. Fiberglass Non-pressure Fittings: ASTM D 3840, RTRF, for gasketed joints. 1. Laminating Resin: [Type 1, polyester] [Type 1, polyester or Type 2, epoxy] [Type 2, epoxy] resin. 2. Reinforcement: Grade with finish compatible with resin. C. Gaskets: ASTM F 477, elastomeric seals. 2.8 CONCRETE PIPE AND FITTINGS A. Non-reinforced-Concrete Sewer Pipe and Fittings: ASTM C 14 (ASTM C 14M), [Class 1] [Class 2] [Class 3], with [bell-and-spigot] [or] [tongue-and-groove] ends for gasketed joints with ASTM C 443 (ASTM C 443M), rubber gaskets. B. Reinforced-Concrete Sewer Pipe and Fittings: ASTM C 76 (ASTM C 76M). 1. [Bell-and-spigot] [or] [tongue-and-groove] ends for gasketed joints, with ASTM C 443 (ASTM C 443M), rubber gaskets. 2. Class II, [Wall A] [Wall B] [Wall C]. 3. Class III, [Wall A] [Wall B] [Wall C]. 4. Class IV, [Wall A] [Wall B] [Wall C]. 5. Class V, [Wall A] [Wall B]. 2.9 NONPRESSURE-TYPE TRANSITION COUPLINGS A. Comply with ASTM C 1173, elastomeric, sleeve-type, reducing or transition coupling, for joining underground non-pressure piping. Include ends of same sizes as piping to be joined and corrosion-resistant-metal tension band and tightening mechanism on each end. B. Sleeve Materials: 1. For Cast-Iron Soil Pipes: ASTM C 564, rubber. 2. For Concrete Pipes: ASTM C 443 (ASTM C 443M), rubber. 3. For Fiberglass Pipes: ASTM F 477, elastomeric seal or ASTM D 5926, PVC. 4. For Plastic Pipes: ASTM F 477, elastomeric seal or ASTM D 5926, PVC. 5. For Dissimilar Pipes: ASTM D 5926, PVC or other material compatible with pipe materials being joined. C. Unshielded, Flexible Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Dallas Specialty & Mfg. Co. b. Fernco Inc. c. Logan Clay Pipe. d. Mission Rubber Company; a division of MCP Industries, Inc. e. NDS. Item # 9Attachment #4 Page 151 of 186 298 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 7 f. Plastic Oddities; a division of Diverse Corporate Technologies, Inc. 3. Description: Elastomeric sleeve with[ stainless-steel shear ring and] corrosion- resistant-metal tension band and tightening mechanism on each end. D. Shielded, Flexible Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Cascade Waterworks Mfg. b. Dallas Specialty & Mfg. Co. c. Mission Rubber Company; a division of MCP Industries, Inc. 3. Description: ASTM C 1460, elastomeric or rubber sleeve with full-length, corrosion- resistant outer shield and corrosion-resistant-metal tension band and tightening mechanism on each end. E. Ring-Type, Flexible Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Fernco Inc. b. Logan Clay Pipe. c. Mission Rubber Company; a division of MCP Industries, Inc. 3. Description: Elastomeric compression seal with dimensions to fit inside bell of larger pipe and for spigot of smaller pipe to fit inside ring. F. Non-pressure-Type, Rigid Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. ANACO-Husky. 3. Description: ASTM C 1461, sleeve-type, reducing- or transition-type mechanical coupling, molded from ASTM C 1440, TPE material; with corrosion-resistant-metal tension band and tightening mechanism on each end. Item # 9Attachment #4 Page 152 of 186 299 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 8 2.10 PRESSURE-TYPE PIPE COUPLINGS A. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: B. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: 1. Cascade Waterworks Mfg. 2. Dresser, Inc. 3. Ford Meter Box Company, Inc. (The); Pipe Products Div. 4. JCM Industries, Inc. 5. Romac Industries, Inc. 6. Smith-Blair, Inc.; a Sensus company. 7. Victaulic Depend-O-Lok, Inc. 8. Viking Johnson. 9. <Insert manufacturer's name>. C. Tubular-Sleeve Couplings: AWWA C219, with center sleeve, gaskets, end rings, and bolt fasteners. D. Metal, bolted, sleeve-type, reducing or transition coupling, for joining underground pressure piping. Include [150-psig (1035-kPa)] [200-psig (1380-kPa)] minimum pressure rating and ends of same sizes as piping to be joined. E. Center-Sleeve Material: [Manufacturer's standard] [Carbon steel] [Stainless steel] [Ductile iron] [Malleable iron]. F. Gasket Material: Natural or synthetic rubber. G. Metal Component Finish: Corrosion-resistant coating or material. 2.11 EXPANSION JOINTS AND DEFLECTION FITTINGS A. Ductile-Iron, Flexible Expansion Joints: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. EBAA Iron, Inc. b. Romac Industries, Inc. c. Star Pipe Products. 3. Description: Compound fitting with combination of flanged and mechanical-joint ends complying with AWWA C110 or AWWA C153. Include two gasketed ball-joint sections and one or more gasketed sleeve sections, rated for 250-psig (1725-kPa) minimum working pressure and for offset and expansion indicated. Item # 9Attachment #4 Page 153 of 186 300 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 9 B. Ductile-Iron Expansion Joints: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Dresser, Inc. b. EBAA Iron, Inc. c. JCM Industries, Inc. d. Smith-Blair, Inc.; a Sensus company. 3. Description: Three-piece assembly of telescoping sleeve with gaskets and restrained- type, ductile-iron, bell-and-spigot end sections complying with AWWA C110 or AWWA C153. Include rating for 250-psig (1725-kPa) minimum working pressure and for expansion indicated. C. Ductile-Iron Deflection Fittings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. EBAA Iron, Inc. 3. Description: Compound coupling fitting with ball joint, flexing section, gaskets, and restrained-joint ends complying with AWWA C110 or AWWA C153. Include rating for 250-psig (1725-kPa) minimum working pressure and for up to 15 degrees of deflection. 2.12 BACKWATER VALVES A. Cast-Iron Backwater Valves: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Josam Company. b. Smith, Jay R. Mfg. Co. c. Tyler Pipe. d. Watts Water Technologies, Inc. e. Zurn Specification Drainage Operation; Zurn Plumbing Products Group. 3. Description: ASME A112.14.1, gray-iron body and bolted cover, with bronze seat. 4. Horizontal type; with swing check valve and hub-and-spigot ends. 5. Combination horizontal and manual gate-valve type; with swing check valve, integral gate valve, and hub-and-spigot ends. Item # 9Attachment #4 Page 154 of 186 301 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 10 6. Terminal type; with bronze seat, swing check valve, and hub inlet. B. PVC Backwater Valves: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Canplas LLC. b. IPS Corporation. c. NDS. d. Plastic Oddities; a division of Diverse Corporate Technologies, Inc. e. Sioux Chief Manufacturing Company, Inc. f. Zurn Light Commercial Products Operation; Zurn Plumbing Products Group. g. <Insert manufacturer's name>. 3. Description: Horizontal type; with PVC body, PVC removable cover, and PVC swing check valve. 2.13 CLEANOUTS A. Cast-Iron Cleanouts: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Josam Company. b. MIFAB, Inc. c. Smith, Jay R. Mfg. Co. d. Tyler Pipe. e. Watts Water Technologies, Inc. f. Zurn Specification Drainage Operation; Zurn Plumbing Products Group. 3. Description: ASME A112.36.2M, round, gray-iron housing with clamping device and round, secured, scoriated, gray-iron cover. Include gray-iron ferrule with inside calk or spigot connection and countersunk, tapered-thread, brass closure plug. 4. Top-Loading Classification(s): [Light Duty] [Medium Duty] [Heavy Duty] [and] [Extra-Heavy Duty]. 5. Sewer Pipe Fitting and Riser to Cleanout: ASTM A 74, Service class, cast-iron soil pipe and fittings. B. PVC Cleanouts: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: Item # 9Attachment #4 Page 155 of 186 302 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 11 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Canplas LLC. b. IPS Corporation. c. NDS. d. Plastic Oddities; a division of Diverse Corporate Technologies, Inc. e. Sioux Chief Manufacturing Company, Inc. f. Zurn Light Commercial Products Operation; Zurn Plumbing Products Group. 3. Description: PVC body with PVC threaded plug. Include PVC sewer pipe fitting and riser to cleanout of same material as sewer piping. 2.14 ENCASEMENT FOR PIPING A. Standard: ASTM A 674 or AWWA C105. B. Material: [Linear low-density polyethylene film of 0.008-inch (0.20-mm)] [or] [high- density, cross-laminated polyethylene film of 0.004-inch (0.10-mm)] minimum thickness. C. Form: [Sheet] [or] [tube]. D. Color: [Black] [or] [natural] 2.15 MANHOLES A. Standard Precast Concrete Manholes: 1. Description: ASTM C 478 (ASTM C 478M), precast, reinforced concrete, of depth indicated, with provision for sealant joints. 2. Diameter: 48 inches (1200 mm) minimum unless otherwise indicated. 3. Ballast: Increase thickness of precast concrete sections or add concrete to base section, as required to prevent flotation. 4. Base Section: 6-inch (150-mm) minimum thickness for floor slab and 4-inch (100-mm) minimum thickness for walls and base riser section; with separate base slab or base section with integral floor. 5. Riser Sections: 4-inch (100-mm) minimum thickness, of length to provide depth indicated. 6. Top Section: Eccentric-cone type unless concentric-cone or flat-slab-top type is indicated; with top of cone of size that matches grade rings. 7. Joint Sealant: ASTM C 990 (ASTM C 990M), bitumen or butyl rubber. 8. Resilient Pipe Connectors: ASTM C 923 (ASTM C 923M), cast or fitted into manhole walls, for each pipe connection. 9. Steps: [Individual FRP steps or FRP ladder] [Individual FRP steps, FRP ladder, or ASTM A 615/A 615M, deformed, 1/2-inch (13-mm) steel reinforcing rods encased in ASTM D 4101, PP] [ASTM A 615/A 615M, deformed, 1/2-inch (13-mm) steel reinforcing rods encased in ASTM D 4101, PP]; wide enough to allow worker to place both feet on one step and designed to prevent lateral slippage off step. Cast or anchor steps into sidewalls at 12- to 16-inch (300- to 400-mm) intervals. Omit steps if total depth from floor of manhole to finished grade is less than [60 inches (1500 mm)] Item # 9Attachment #4 Page 156 of 186 303 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 12 10. Adjusting Rings: Interlocking HDPE rings, with level or sloped edge in thickness and diameter matching manhole frame and cover, and with height as required to adjust manhole frame and cover to indicated elevation and slope. Include sealant recommended by ring manufacturer. 11. Grade Rings: Reinforced-concrete rings, 6- to 9-inch (150- to 225-mm) total thickness, with diameter matching manhole frame and cover, and with height as required to adjust manhole frame and cover to indicated elevation and slope. B. Designed Precast Concrete Manholes: 1. Description: ASTM C 913; designed according to ASTM C 890 for A-16 (ASSHTO HS20-44), heavy-traffic, structural loading; of depth, shape, and dimensions indicated, with provision for sealant joints. 2. Ballast: Increase thickness of one or more precast concrete sections or add concrete to manhole as required to prevent flotation. 3. Joint Sealant: ASTM C 990 (ASTM 990M), bitumen or butyl rubber. 4. Resilient Pipe Connectors: ASTM C 923 (ASTM C 923M), cast or fitted into manhole walls, for each pipe connection. 5. Steps: [Individual FRP steps or FRP ladder] [Individual FRP steps, FRP ladder, or ASTM A 615/A 615M, deformed, 1/2-inch (13-mm) steel reinforcing rods encased in ASTM D 4101, PP] [ASTM A 615/A 615M, deformed, 1/2-inch (13-mm) steel reinforcing rods encased in ASTM D 4101, PP]; wide enough to allow worker to place both feet on one step and designed to prevent lateral slippage off step. Cast or anchor steps into sidewalls at 12- to 16-inch (300- to 400-mm) intervals. Omit steps if total depth from floor of manhole to finished grade is less than [60 inches (1500 mm)] 6. Adjusting Rings: Interlocking HDPE rings, with level or sloped edge in thickness and diameter matching manhole frame and cover, and with height as required adjusting manhole frame and covering to indicated elevation and slope. Include sealant recommended by ring manufacturer. 7. Grade Rings: Reinforced-concrete rings, 6- to 9-inch (150- to 225-mm) total thickness, with diameter matching manhole frame and cover, and with height as required to adjust manhole frame and cover to indicated elevation and slope. C. Fiberglass Manholes: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of -Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. Associated Fiberglass Enterprises. b. Containment Solutions, Inc. c. L. F. Manufacturing, Inc. 3. Description: ASTM D 3753. 4. Diameter: 48 inches (1200 mm) minimum unless otherwise indicated. 5. Ballast: Increase thickness of concrete base as required to prevent flotation. 6. Base Section: Concrete, 6-inch (150-mm) minimum thickness. 7. Resilient Pipe Connectors: ASTM C 923 (ASTM C 923M), cast or fitted into manhole walls, for each pipe connection. Item # 9Attachment #4 Page 157 of 186 304 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 13 8. Steps: Individual FRP steps or FRP ladder, wide enough to allow worker to place both feet on one step and designed to prevent lateral slippage off step. Cast or anchor steps into sidewalls at 12- to 16-inch (300- to 400-mm) intervals. Omit steps if total depth from floor of manhole to finished grade is less than [60 inches (1500 mm)]. 9. Adjusting Rings: Interlocking HDPE rings, with level or sloped edge in thickness and diameter matching manhole frame and cover, and with height as required adjusting manhole frame and covering to indicated elevation and slope. Include sealant recommended by ring manufacturer. 10. Grade Rings: Reinforced-concrete rings, 6- to 9-inch (150- to 225-mm) total thickness, with diameter matching manhole frame and cover, and with height as required to adjust manhole frame and cover to indicated elevation and slope. D. Manhole Frames and Covers: 1. Description: Ferrous; 24-inch (610-mm) ID by 7- to 9-inch (175- to 225-mm) riser, with 4-inch- (100-mm-) minimum-width flange and 26-inch- (660-mm-) diameter cover. Include indented top design with lettering cast into cover, using wording equivalent to "SANITARY SEWER." 2. Material: [ASTM A 536, Grade 60-40-18 ductile] [ASTM A 48/A 48M, Class 35 gray] iron unless otherwise indicated. E. Manhole-Cover Inserts: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 2. Basis-of-Design Product: Subject to compliance with requirements, provide [product indicated on Drawings] or comparable product by one of the following: a. FRW Industries; a Syneco Systems, Inc. company. b. Knutson Enterprises. c. L. F. Manufacturing, Inc. d. Parson Environmental Products, Inc. 3. Description; Manufactured, plastic form, of size to fit between manhole frame and cover and designed to prevent stormwater inflow. Include handle for removal and gasket for gastight sealing. 4. Type: [Solid] [Drainage with vent holes] [Valve]. 2.16 CONCRETE A. General: Cast-in-place concrete complying with ACI 318, ACI 350/350R (ACI 350M/350RM), and the following: 1. Cement: ASTM C 150, Type II. 2. Fine Aggregate: ASTM C 33, sand. 3. Coarse Aggregate: ASTM C 33, crushed gravel. 4. Water: Potable. B. Portland Cement Design Mix: 4000 psi (27.6 MPa) minimum, with 0.45 maximum water/cementitious materials ratio. Item # 9Attachment #4 Page 158 of 186 305 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 14 1. Reinforcing Fabric: ASTM A 185/A 185M, steel, welded wire fabric, plain. 2. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (420 MPa) deformed steel. C. Manhole Channels and Benches: Factory or field formed from concrete. Portland cement design mix, 4000 psi (27.6 MPa) minimum, with 0.45 maximum water/cementitious materials ratio. Include channels and benches in manholes. 1. Channels: Concrete invert, formed to same width as connected piping, with height of vertical sides to three-fourths of pipe diameter. Form curved channels with smooth, uniform radius and slope. a. Invert Slope: [1] [2] percent through manhole. 2. Benches: Concrete, sloped to drain into channel. a. Slope: [4] [8] percent. D. Ballast and Pipe Supports: Portland cement design mix, 3000 psi (20.7 MPa) minimum, with 0.58 maximum water/cementitious materials ratio. 1. Reinforcing Fabric: ASTM A 185/A 185M, steel, welded wire fabric, plain. 2. Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (420 MPa) deformed steel. PART 3 - EXECUTION 3.1 EARTHWORK A. Excavating, trenching, and backfilling are specified in Division 31 Section "Earth Moving." 3.2 PIPING INSTALLATION A. General Locations and Arrangements: Drawing plans and details indicate general location and arrangement of underground sanitary sewer piping. Location and arrangement of piping layout take into account design considerations. Install piping as indicated, to extent practical. Where specific installation is not indicated, follow piping manufacturer's written instructions. B. Install piping beginning at low point, true to grades and alignment indicated with unbroken continuity of invert. Place bell ends of piping facing upstream. Install gaskets, seals, sleeves, and couplings according to manufacturer's written instructions for using lubricants, cements, and other installation requirements. C. Install manholes for changes in direction unless fittings are indicated. Use fittings for branch connections unless direct tap into existing sewer is indicated. D. Install proper size increasers, reducers, and couplings where different sizes or materials of pipes and fittings are connected. Reducing size of piping in direction of flow is prohibited. E. When installing pipe under streets or other obstructions that cannot be disturbed, use pipe- jacking process of micro-tunneling. Item # 9Attachment #4 Page 159 of 186 306 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 15 F. Install gravity-flow, non-pressure, drainage piping according to the following: 1. Install piping pitched down in direction of flow, at minimum slope of [1] [2] percent unless otherwise indicated. 2. Install piping [NPS 6 (DN 150)] and larger with restrained joints at tee fittings and at changes in direction. Use corrosion-resistant rods, pipe or fitting manufacturer's proprietary restraint system, or cast-in-place-concrete supports or anchors. 3. Install piping with [36-inch (915-mm)] [48-inch (1220-mm)] [60-inch (1520-mm)] [72- inch (1830-mm)] minimum cover. 4. Install hub-and-spigot, cast-iron soil piping according to CISPI's "Cast Iron Soil Pipe and Fittings Handbook." 5. Install hubless cast-iron soil piping according to CISPI 310 and CISPI's "Cast Iron Soil Pipe and Fittings Handbook." 6. Install ductile-iron, gravity sewer piping according to ASTM A 746. 7. Install ABS sewer piping according to ASTM D 2321 and ASTM F 1668. 8. Install PVC cellular-core sewer piping according to ASTM D 2321 and ASTM F 1668. 9. Install PVC corrugated sewer piping according to ASTM D 2321 and ASTM F 1668. 10. Install PVC profile sewer piping according to ASTM D 2321 and ASTM F 1668. 11. Install PVC Type PSM sewer piping according to ASTM D 2321 and ASTM F 1668. 12. Install PVC gravity sewer piping according to ASTM D 2321 and ASTM F 1668. 13. Install fiberglass sewer piping according to ASTM D 3839 and ASTM F 1668. 14. Install nonreinforced-concrete sewer piping according to ASTM C 1479 and ACPA's "Concrete Pipe Installation Manual." 15. Install reinforced-concrete sewer piping according to ASTM C 1479 and ACPA's "Concrete Pipe Installation Manual." G. Install force-main, pressure piping according to the following: 1. Install piping with restrained joints at tee fittings and at horizontal and vertical changes in direction. Use corrosion-resistant rods, pipe or fitting manufacturer's proprietary restraint system, or cast-in-place-concrete supports or anchors. 2. Install piping with [36-inch (915-mm)] [48-inch (1220-mm)] [60-inch (1520-mm)] [72- inch (1830-mm)] minimum cover. 3. Install ductile-iron pressure piping according to AWWA C600 or AWWA M41. 4. Install ductile-iron special fittings according to AWWA C600. 5. Install PVC pressure piping according to AWWA M23 or to ASTM D 2774 and ASTM F 1668. 6. Install PVC water-service piping according to ASTM D 2774 and ASTM F 1668. H. Install corrosion-protection piping encasement over the following underground metal piping according to ASTM A 674 or AWWA C105: 1. Hub-and-spigot, cast-iron soil pipe. 2. Hubless cast-iron soil pipe and fittings. 3. Ductile-iron pipe and fittings. 4. Expansion joints and deflection fittings. I. Clear interior of piping and manholes of dirt and superfluous material as work progresses. Maintain swab or drag in piping, and pull past each joint as it is completed. Place plug in end of incomplete piping at end of day and when work stops. Item # 9Attachment #4 Page 160 of 186 307 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 16 3.3 PIPE JOINT CONSTRUCTION A. Join gravity-flow, nonpressure, drainage piping according to the following: 1. Join hub-and-spigot, cast-iron soil piping with gasket joints according to CISPI's "Cast Iron Soil Pipe and Fittings Handbook" for compression joints. 2. Join hub-and-spigot, cast-iron soil piping with calked joints according to CISPI's "Cast Iron Soil Pipe and Fittings Handbook" for lead and oakum calked joints. 3. Join hubless cast-iron soil piping according to CISPI 310 and CISPI's "Cast Iron Soil Pipe and Fittings Handbook" for hubless-coupling joints. 4. Join ductile-iron, gravity sewer piping according to AWWA C600 for push-on joints. 5. Join ABS sewer piping according to ASTM D 2321 and ASTM D 2751 for elastomeric- seal joints. 6. Join PVC cellular-core sewer piping according to ASTM D 2321 and ASTM F 891 for solvent-cemented joints. 7. Join PVC corrugated sewer piping according to ASTM D 2321. 8. Join PVC profile sewer piping according to ASTM D 2321 for elastomeric-seal joints or ASTM F 794 for gasketed joints. 9. Join PVC Type PSM sewer piping according to ASTM D 2321 and ASTM D 3034 for elastomeric-seal joints or ASTM D 3034 for elastomeric-gasket joints. 10. Join PVC gravity sewer piping according to ASTM D 2321 and ASTM D 3034 for elastomeric-seal joints or ASTM D 3034 for elastomeric-gasket joints. 11. Join fiberglass sewer piping according to ASTM D 4161 for elastomeric-seal joints. 12. Join nonreinforced-concrete sewer piping according to ASTM C 14 (ASTM C 14M) and ACPA's "Concrete Pipe Installation Manual" for rubber-gasket joints. 13. Join reinforced-concrete sewer piping according to ACPA's "Concrete Pipe Installation Manual" for rubber-gasket joints. 14. Join dissimilar pipe materials with nonpressure-type, flexible[ or rigid] couplings. B. Join force-main, pressure piping according to the following: 1. Join ductile-iron pressure piping according to AWWA C600 or AWWA M41 for push-on joints. 2. Join ductile-iron special fittings according to AWWA C600 or AWWA M41 for push-on joints. 3. Join PVC pressure piping according to AWWA M23 for gasketed joints. 4. Join PVC water-service piping according to ASTM D 2855. 5. Join dissimilar pipe materials with pressure-type couplings. C. Pipe couplings, expansion joints, and deflection fittings with pressure ratings at least equal to piping rating may be used in applications below unless otherwise indicated. 1. Use nonpressure flexible couplings where required to join gravity-flow, nonpressure sewer piping unless otherwise indicated. a. [Unshielded] [Shielded] flexible[ or rigid]couplings for pipes of same or slightly different OD. b. Unshielded, increaser/reducer-pattern, flexible[ or rigid]couplings for pipes with different OD. c. Ring-type flexible couplings for piping of different sizes where annular space between smaller piping's OD and larger piping's ID permits installation. Item # 9Attachment #4 Page 161 of 186 308 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 17 2. Use pressure pipe couplings for force-main joints. 3.4 MANHOLE INSTALLATION A. General: Install manholes complete with appurtenances and accessories indicated. B. Install precast concrete manhole sections with sealants according to ASTM C 891. C. Install FRP manholes according to manufacturer's written instructions. D. Form continuous concrete channels and benches between inlets and outlet. E. Set tops of frames and covers flush with finished surface of manholes that occur in pavements. Set tops [3 inches (76 mm)] above finished surface elsewhere unless otherwise indicated. F. Install manhole-cover inserts in frame and immediately below cover. 3.5 CONCRETE PLACEMENT A. Place cast-in-place concrete according to ACI 318. 3.6 BACKWATER VALVE INSTALLATION A. Install horizontal-type backwater valves in piping manholes or pits. B. Install combination horizontal and manual gate valves in piping and in manholes. C. Install terminal-type backwater valves on end of piping and in manholes. Secure units to sidewalls. 3.7 CLEANOUT INSTALLATION A. Install cleanouts and riser extensions from sewer pipes to cleanouts at grade. Use cast-iron soil pipe fittings in sewer pipes at branches for cleanouts, and use cast-iron soil pipe for riser extensions to cleanouts. Install piping so cleanouts open in direction of flow in sewer pipe. 1. Use Light-Duty, top-loading classification cleanouts in [earth or unpaved foot-traffic] areas. 2. Use Medium-Duty, top-loading classification cleanouts in [paved foot-traffic] areas. 3. Use Heavy-Duty, top-loading classification cleanouts in [vehicle-traffic service] areas. 4. Use Extra-Heavy-Duty, top-loading classification cleanouts in [roads]. B. Set cleanout frames and covers in earth in cast-in-place-concrete block, [18 by 18 by 12 inches (450 by 450 by 300 mm)] deep. Set with tops [1 inch (25 mm)] above surrounding grade. Item # 9Attachment #4 Page 162 of 186 309 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 18 C. Set cleanout frames and covers in concrete pavement and roads with tops flush with pavement surface. 3.8 CONNECTIONS A. Connect non-pressure, gravity-flow drainage piping to building's sanitary building drains specified in Division 22 Section "Sanitary Waste and Vent Piping." B. Connect force-main piping to building's sanitary force mains specified in Division 22 Section "Sanitary Waste and Vent Piping." Terminate piping where indicated. C. Make connections to existing piping and underground manholes. 1. Use commercially manufactured wye fittings for piping branch connections. Remove section of existing pipe, install wye fitting into existing piping, and encase entire wye fitting plus 6-inch (150-mm) overlap with not less than 6 inches (150 mm) of concrete with 28-day compressive strength of 3000 psi (20.7 MPa). 2. Make branch connections from side into existing piping, NPS 4 to NPS 20 (DN 100 to DN 500). Remove section of existing pipe, install wye fitting into existing piping, and encase entire wye with not less than 6 inches (150 mm) of concrete with 28-day compressive strength of 3000 psi (20.7 MPa). 3. Make branch connections from side into existing piping, NPS 21 (DN 525) or larger, or to underground manholes by cutting opening into existing unit large enough to allow 3 inches (76 mm) of concrete to be packed around entering connection. Cut end of connection pipe passing through pipe or structure wall to conform to shape of and be flush with inside wall unless otherwise indicated. On outside of pipe or manhole wall, encase entering connection in 6 inches (150 mm) of concrete for minimum length of 12 inches (300 mm) to provide additional support of collar from connection to undisturbed ground. a. Use concrete that will attain a minimum 28-day compressive strength of 3000 psi (20.7 MPa) unless otherwise indicated. b. Use epoxy-bonding compound as interface between new and existing concrete and piping materials. 4. Protect existing piping and manholes to prevent concrete or debris from entering while making tap connections. Remove debris or other extraneous material that may accumulate. D. Connect to [grease] [oil] [and] [sand] interceptors specified in Division 22 Section "Sanitary Waste Interceptors." 3.9 CLOSING ABANDONED SANITARY SEWER SYSTEMS A. Abandoned Piping: Close open ends of abandoned underground piping indicated to remain in place. Include closures strong enough to withstand hydrostatic and earth pressures that may result after ends of abandoned piping have been closed. Use either procedure below: 1. Close open ends of piping with at least [8-inch- (203-mm-)] thick, brick masonry bulkheads. Item # 9Attachment #4 Page 163 of 186 310 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 19 2. Close open ends of piping with threaded metal caps, plastic plugs, or other acceptable methods suitable for size and type of material being closed. Do not use wood plugs. B. Abandoned Manholes: Excavate around manhole as required and use either procedure below: 1. Remove manhole and close open ends of remaining piping. 2. Remove top of manhole down to at least [36 inches (915 mm)] <Insert dimension> below final grade. Fill to within [12 inches (300 mm)] <Insert dimension> of top with stone, rubble, gravel, or compacted dirt. Fill to top with concrete. C. Backfill to grade according to Division 31 Section "Earth Moving." 3.10 IDENTIFICATION A. Materials and their installation are specified in Division 31 Section "Earth Moving." Arrange for installation of green warning tapes directly over piping and at outside edges of underground manholes. 1. Use[ warning tape or] detectable warning tape over ferrous piping. 2. Use detectable warning tape over nonferrous piping and over edges of underground manholes. 3.11 FIELD QUALITY CONTROL A. Inspect interior of piping to determine whether line displacement or other damage has occurred. Inspect after approximately 24 inches (600 mm) of backfill is in place, and again at completion of Project. 1. Submit separate report for each system inspection. 2. Defects requiring correction include the following: a. Alignment: Less than full diameter of inside of pipe is visible between structures. b. Deflection: Flexible piping with deflection that prevents passage of ball or cylinder of size not less than 92.5 percent of piping diameter. c. Damage: Crushed, broken, cracked, or otherwise damaged piping. d. Infiltration: Water leakage into piping. e. Exfiltration: Water leakage from or around piping. 3. Replace defective piping using new materials, and repeat inspections until defects are within allowances specified. 4. Reinspect and repeat procedure until results are satisfactory. B. Test new piping systems, and parts of existing systems that have been altered, extended, or repaired, for leaks and defects. 1. Do not enclose, cover, or put into service before inspection and approval. 2. Test completed piping systems according to requirements of authorities having jurisdiction. 3. Schedule tests and inspections by authorities having jurisdiction with at least 24 hours' advance notice. Item # 9Attachment #4 Page 164 of 186 311 of 413 PROJECT NO. 11905 FACILITY SANITARY SEWERS 221313 - 20 4. Submit separate report for each test. 5. Hydrostatic Tests: Test sanitary sewerage according to requirements of authorities having jurisdiction and the following: a. Fill sewer piping with water. Test with pressure of at least 10-foot (3-m) head of water, and maintain such pressure without leakage for at least 15 minutes. b. Close openings in system and fill with water. c. Purge air and refill with water. d. Disconnect water supply. e. Test and inspect joints for leaks. 6. Air Tests: Test sanitary sewerage according to requirements of authorities having jurisdiction, UNI-B-6, and the following: a. Option: Test plastic gravity sewer piping according to ASTM F 1417. b. Option: Test concrete gravity sewer piping according to ASTM C 924 (ASTM C 924M). 7. Force Main: Perform hydrostatic test after thrust blocks, supports, and anchors have hardened. Test at pressure not less than 1-1/2 times the maximum system operating pressure, but not less than [150 psig (1035 kPa)]. a. Ductile-Iron Piping: Test according to AWWA C600, "Hydraulic Testing" Section. b. PVC Piping: Test according to AWWA M23, "Testing and Maintenance" Chapter. 8. Manholes: Perform hydraulic test according to ASTM C 969 (ASTM C 969M). C. Leaks and loss in test pressure constitute defects that must be repaired. D. Replace leaking piping using new materials, and repeat testing until leakage is within allowances specified. 3.12 CLEANING A. Clean dirt and superfluous material from interior of piping.[ Flush with potable water.] END OF SECTION 221313 Item # 9Attachment #4 Page 165 of 186 312 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 1 SECTION 221316 SANITARY WASTE AND VENT PIPING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Pipe, tube, and fittings. 2. Specialty pipe fittings. 3. Encasement for underground metal piping. B. Related Sections: 1. Division 22 Section "Facility Sanitary Sewers" for sanitary sewerage piping and structures outside the building. 2. Division 22 Section "Sanitary Sewerage Pumps" for effluent and sewage pumps. 3. Division 22 Section "Chemical-Waste Systems for Laboratory and Healthcare Facilities" for chemical-waste and vent piping systems. 1.3 PERFORMANCE REQUIREMENTS A. Components and installation shall be capable of withstanding the following minimum working pressure unless otherwise indicated: 1. Soil, Waste, and Vent Piping: [10-foot head of water (30 kPa)]. 2. Waste, Force-Main Piping: [50 psig (345 kPa)] [100 psig (690 kPa)] [150 psig (1035 kPa)]. B. Seismic Performance: Soil, waste, and vent piping and support and installation shall withstand the effects of earthquake motions determined according to [ASCE/SEI 7]. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. LEED Submittals: 1. Product Data for Credit IEQ 4.1: For solvent cements and adhesive primers, documentation including printed statement of VOC content. 2. Laboratory Test Reports for Credit IEQ 4: For solvent cements and adhesive primers, documentation indicating that products comply with the testing and product Item # 9Attachment #4 Page 166 of 186 313 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 2 requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." C. Shop Drawings: For solvent drainage system. Include plans, elevations, sections, and details. 1.5 INFORMATIONAL SUBMITTALS A. Seismic Qualification Certificates: For waste and vent piping, accessories, and components, from manufacturer. 1. Basis for Certification: Indicate whether withstand certification is based on actual test of assembled components or on calculation. 2. Detailed description of piping anchorage devices on which the certification is based and their installation requirements. B. Field quality-control reports. 1.6 QUALITY ASSURANCE A. Piping materials shall bear label, stamp, or other markings of specified testing agency. B. Comply with NSF/ANSI 14, "Plastics Piping Systems Components and Related Materials," for plastic piping components. Include marking with "NSF-DWV" for plastic drain, waste, and vent piping and "NSF-sewer" for plastic sewer piping. 1.7 PROJECT CONDITIONS A. Interruption of Existing Sanitary Waste Service: Do not interrupt service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary service according to requirements indicated: 1. Notify [Project Manager] no fewer than [two] days in advance of proposed interruption of sanitary waste service. 2. Do not proceed with interruption of sanitary waste service without [Project Manager's] written permission. PART 2 - PRODUCTS 2.1 PIPING MATERIALS A. Comply with requirements in "Piping Schedule" Article for applications of pipe, tube, fitting materials, and joining methods for specific services, service locations, and pipe sizes. Item # 9Attachment #4 Page 167 of 186 314 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 3 2.2 HUB-AND-SPIGOT, CAST-IRON SOIL PIPE AND FITTINGS A. Pipe and Fittings: ASTM A 74, [Service] [and] [Extra Heavy] class(es). B. Gaskets: ASTM C 564, rubber. C. Calking Materials: ASTM B 29, pure lead and oakum or hemp fiber. 2.3 HUBLESS, CAST-IRON SOIL PIPE AND FITTINGS A. Pipe and Fittings: ASTM A 888 or CISPI 301. B. Sovent Stack Fittings: ASME B16.45 or ASSE 1043, hubless, cast-iron aerator and deaerator drainage fittings. C. CISPI, Hubless-Piping Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: a. ANACO-Husky. b. Dallas Specialty & Mfg. Co. c. Fernco Inc. d. Matco-Norca, Inc. e. MIFAB, Inc. f. Mission Rubber Company; a division of MCP Industries, Inc. g. Stant. h. Tyler Pipe. 2. Standards: ASTM C 1277 and CISPI 310. 3. Description: Stainless-steel corrugated shield with stainless-steel bands and tightening devices; and ASTM C 564, rubber sleeve with integral, center pipe stop. D. Heavy-Duty, Hubless-Piping Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: a. ANACO-Husky. b. Clamp-All Corp. c. Dallas Specialty & Mfg. Co. d. MIFAB, Inc. e. Mission Rubber Company; a division of MCP Industries, Inc. f. Stant. g. Tyler Pipe. 2. Standards: ASTM C 1277 and ASTM C 1540. 3. Description: Stainless-steel shield with stainless-steel bands and tightening devices; and ASTM C 564, rubber sleeve with integral, center pipe stop. Item # 9Attachment #4 Page 168 of 186 315 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 4 E. Cast-Iron, Hubless-Piping Couplings: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: a. MG Piping Products Company. 2. Standard: ASTM C 1277. 3. Description: Two-piece ASTM A 48/A 48M, cast-iron housing; stainless-steel bolts and nuts; and ASTM C 564, rubber sleeve with integral, center pipe stop. 2.4 GALVANIZED-STEEL PIPE AND FITTINGS A. Galvanized-Steel Pipe: ASTM A 53/A 53M, Type E, Standard Weight class. Include square- cut-grooved or threaded ends matching joining method. B. [Galvanized-]Cast-Iron Drainage Fittings: ASME B16.12, threaded. C. Steel Pipe Pressure Fittings: 1. [Galvanized-]Steel Pipe Nipples: ASTM A 733, made of ASTM A 53/A 53M or ASTM A 106/A 106M, Schedule 40, seamless steel pipe. Include ends matching joining method. 2. Malleable-Iron Unions: ASME B16.39; Class 150; hexagonal-stock body with ball-and- socket, metal-to-metal, bronze seating surface; and female threaded ends. 3. [Galvanized-]Gray-Iron, Threaded Fittings: ASME B16.4, Class 125, standard pattern. D. Cast-Iron Flanges: ASME B16.1, Class 125. 1. Flange Gasket Materials: ASME B16.21, full-face, flat, nonmetallic, asbestos-free, 1/8- inch (3.2-mm) maximum thickness unless thickness or specific material is indicated. 2. Flange Bolts and Nuts: ASME B18.2.1, carbon steel unless otherwise indicated. E. Grooved-Joint, Galvanized-Steel-Pipe Appurtenances: 1. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: a. Anvil International; a subsidiary of Mueller Water Products, Inc. b. Grinnell Mechanical Products. c. Shurjoint Piping Products. d. Victaulic Company. 2. Galvanized, Grooved-End Fittings for Galvanized-Steel Piping: ASTM A 536 ductile- iron castings, ASTM A 47/A 47M malleable-iron castings, ASTM A 234/A 234M forged steel fittings, or ASTM A 106/A 106M steel pipes with dimensions matching ASTM A 53/A 53M steel pipe, and complying with AWWA C606 for grooved ends. 3. Grooved Mechanical Couplings for Galvanized-Steel Piping: ASTM F 1476, Type I. Include ferrous housing sections with continuous curved keys; EPDM-rubber gasket suitable for hot and cold water; and bolts and nuts. Item # 9Attachment #4 Page 169 of 186 316 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 5 2.5 STAINLESS-STEEL PIPE AND FITTINGS A. Pipe and Fittings: ASME A112.3.1, drainage pattern with socket and spigot ends. B. Internal Sealing Rings: Elastomeric gaskets shaped to fit socket groove. 2.6 DUCTILE-IRON PIPE AND FITTINGS A. Ductile-Iron, Mechanical-Joint Piping: 1. Ductile-Iron Pipe: AWWA C151/A21.51, with mechanical-joint bell and plain spigot end unless grooved or flanged ends are indicated. 2. Ductile-Iron Fittings: AWWA C110/A21.10, mechanical-joint, ductile- or gray-iron standard pattern or AWWA C153/A21.53, ductile-iron compact pattern. 3. Glands, Gaskets, and Bolts: AWWA C111/A21.11, ductile- or gray-iron glands, rubber gaskets, and steel bolts. B. Ductile-Iron, Push-on-Joint Piping: 1. Ductile-Iron Pipe: AWWA C151/A21.51, with push-on-joint bell and plain spigot end unless grooved or flanged ends are indicated. 2. Ductile-Iron Fittings: AWWA C110/A21.10, push-on-joint ductile- or gray-iron standard pattern or AWWA C153/A21.53, ductile-iron compact pattern. 3. Gaskets: AWWA C111/A21.11, rubber. C. Ductile-Iron, Grooved-Joint Piping: 1. Ductile-Iron Pipe: AWWA C151/A21.51 with round-cut-grooved ends according to AWWA C606. 2. Ductile-Iron-Pipe Appurtenances: a. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 1) Anvil International. 2) Shurjoint Piping Products. 3) Star Pipe Products. 4) Victaulic Company. b. Grooved-End, Ductile-Iron Fittings: ASTM A 536 ductile-iron castings with dimensions matching AWWA C110/A 21.10 ductile-iron pipe or AWWA C153/A 21.53 ductile-iron fittings and complying with AWWA C606 for grooved ends. c. Grooved Mechanical Couplings for Ductile-Iron Pipe: ASTM F 1476, Type I. Include ferrous housing sections with continuous curved keys; EPDM-rubber center-leg gasket suitable for hot and cold water; and bolts and nuts. 2.7 COPPER TUBE AND FITTINGS A. Copper DWV Tube: ASTM B 306, drainage tube, drawn temper. Item # 9Attachment #4 Page 170 of 186 317 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 6 B. Copper Drainage Fittings: ASME B16.23, cast copper or ASME B16.29, wrought copper, solder-joint fittings. C. Hard Copper Tube: ASTM B 88, Type L and Type M (ASTM B 88M, Type B and Type C), water tube, drawn temper. D. Soft Copper Tube: ASTM B 88, Type L (ASTM B 88M, Type B), water tube, annealed temper. E. Copper Pressure Fittings: 1. Copper Fittings: ASME B16.18, cast-copper-alloy or ASME B16.22, wrought-copper, solder-joint fittings. Furnish wrought-copper fittings if indicated. 2. Copper Unions: MSS SP-123, copper-alloy, hexagonal-stock body with ball-and- socket, metal-to-metal seating surfaces, and solder-joint or threaded ends. F. Copper Flanges: ASME B16.24, Class 150, cast copper with solder-joint end. 1. Flange Gasket Materials: ASME B16.21, full-face, flat, nonmetallic, asbestos-free, 1/8- inch (3.2-mm) maximum thickness unless thickness or specific material is indicated. 2. Flange Bolts and Nuts: ASME B18.2.1, carbon steel unless otherwise indicated. G. Solder: ASTM B 32, lead free with ASTM B 813, water-flushable flux. 2.8 ABS PIPE AND FITTINGS A. Solid-Wall ABS Pipe: ASTM D 2661, Schedule 40. B. Cellular-Core ABS Pipe: ASTM F 628, Schedule 40. C. ABS Socket Fittings: ASTM D 2661, made to ASTM D 3311, drain, waste, and vent patterns. D. Solvent Cement: ASTM D 2235. 1. ABS solvent cement shall have a VOC content of 325 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). 2. Solvent cement shall comply with the testing and product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." 2.9 PVC PIPE AND FITTINGS A. Solid-Wall PVC Pipe: ASTM D 2665, drain, waste, and vent. B. Cellular-Core PVC Pipe: ASTM F 891, Schedule 40. C. PVC Socket Fittings: ASTM D 2665, made to ASTM D 3311, drain, waste, and vent patterns and to fit Schedule 40 pipe. D. Adhesive Primer: ASTM F 656. Item # 9Attachment #4 Page 171 of 186 318 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 7 1. Adhesive primer shall have a VOC content of 550 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). 2. Adhesive primer shall comply with the testing and product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." E. Solvent Cement: ASTM D 2564. 1. PVC solvent cement shall have a VOC content of 510 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). 2. Solvent cement shall comply with the testing and product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." 2.10 SPECIALTY PIPE FITTINGS A. Transition Couplings: 1. General Requirements: Fitting or device for joining piping with small differences in OD's or of different materials. Include end connections same size as and compatible with pipes to be joined. 2. Fitting-Type Transition Couplings: Manufactured piping coupling or specified piping system fitting. 3. Unshielded, Nonpressure Transition Couplings: a. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 1) Dallas Specialty & Mfg. Co. 2) Fernco Inc. 3) Mission Rubber Company; a division of MCP Industries, Inc. 4) Plastic Oddities; a division of Diverse Corporate Technologies, Inc. b. Standard: ASTM C 1173. c. Description: Elastomeric, sleeve-type, reducing or transition pattern. Include shear ring and corrosion-resistant-metal tension band and tightening mechanism on each end. d. Sleeve Materials: 1) For Cast-Iron Soil Pipes: ASTM C 564, rubber. 2) For Plastic Pipes: ASTM F 477, elastomeric seal or ASTM D 5926, PVC. 3) For Dissimilar Pipes: ASTM D 5926, PVC or other material compatible with pipe materials being joined. 4. Shielded, Non-pressure Transition Couplings: a. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: Item # 9Attachment #4 Page 172 of 186 319 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 8 1) Cascade Waterworks Mfg. Co. 2) Mission Rubber Company; a division of MCP Industries, Inc. b. Standard: ASTM C 1460. c. Description: Elastomeric or rubber sleeve with full-length, corrosion-resistant outer shield and corrosion-resistant-metal tension band and tightening mechanism on each end. 5. Pressure Transition Couplings: a. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 1) Cascade Waterworks Mfg. Co. 2) Dresser, Inc. 3) EBAA Iron, Inc. 4) JCM Industries, Inc. 5) Romac Industries, Inc. 6) Smith-Blair, Inc.; a Sensus company. 7) The Ford Meter Box Company, Inc. 8) Viking Johnson. b. Standard: AWWA C219. c. Description: Metal, sleeve-type same size as, with pressure rating at least equal to, and ends compatible with, pipes to be joined. d. Center-Sleeve Material: [Manufacturer's standard] [Carbon steel] [Stainless steel] [Ductile iron] [Malleable iron]. e. Gasket Material: Natural or synthetic rubber. f. Metal Component Finish: Corrosion-resistant coating or material. B. Dielectric Fittings: 1. General Requirements: Assembly of copper alloy and ferrous materials with separating nonconductive insulating material. Include end connections compatible with pipes to be joined. 2. Dielectric Unions: a. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 1) Capitol Manufacturing Company. 2) Central Plastics Company. 3) Hart Industries International, Inc. 4) Jomar International Ltd. 5) Matco-Norca, Inc. 6) McDonald, A. Y. Mfg. Co. 7) Watts Regulator Co.; a division of Watts Water Technologies, Inc. 8) Wilkins; a Zurn company. b. Description: Item # 9Attachment #4 Page 173 of 186 320 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 9 1) Standard: ASSE 1079. 2) Pressure Rating: [125 psig (860 kPa) minimum at 180 deg F (82 deg C)] [150 psig (1035 kPa)] [250 psig (1725 kPa)]. 3) End Connections: Solder-joint copper alloy and threaded ferrous. 3. Dielectric Flanges: a. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 1) Capitol Manufacturing Company. 2) Central Plastics Company. 3) Matco-Norca, Inc. 4) Watts Regulator Co.; a division of Watts Water Technologies, Inc. 5) Wilkins; a Zurn company. b. Description: 1) Standard: ASSE 1079. 2) Factory-fabricated, bolted, companion-flange assembly. 3) Pressure Rating: [125 psig (860 kPa) minimum at 180 deg F (82 deg C)] [150 psig (1035 kPa)] [175 psig (1200 kPa)] [300 psig (2070 kPa)]. 4) End Connections: Solder-joint copper alloy and threaded ferrous; threaded solder-joint copper alloy and threaded ferrous. 4. Dielectric-Flange Insulating Kits: a. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 1) Advance Products & Systems, Inc. 2) Calpico, Inc. 3) Central Plastics Company. 4) Pipeline Seal and Insulator, Inc. b. Description: 1) Nonconducting materials for field assembly of companion flanges. 2) Pressure Rating: [150 psig (1035 kPa)] <Insert pressure>. 3) Gasket: Neoprene or phenolic. 4) Bolt Sleeves: Phenolic or polyethylene. 5) Washers: Phenolic with steel backing washers. 5. Dielectric Nipples: a. Manufacturers: Subject to compliance with requirements, [provide products by one of the following] [available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following]: 1) Elster Perfection. 2) Grinnell Mechanical Products. Item # 9Attachment #4 Page 174 of 186 321 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 10 3) Matco-Norca, Inc. 4) Precision Plumbing Products, Inc. 5) Victaulic Company. b. Description: 1) Standard: IAPMO PS 66 2) Electroplated steel nipple. 3) Pressure Rating: [300 psig (2070 kPa) at 225 deg F (107 deg C)] <Insert pressure and temperature>. 4) End Connections: Male threaded or grooved. 5) Lining: Inert and noncorrosive, propylene. 2.11 ENCASEMENT FOR UNDERGROUND METAL PIPING A. Standard: ASTM A 674 or AWWA C105/A 21.5. B. Material: [Linear low-density polyethylene film of 0.008-inch (0.20-mm)] [or] [high- density, cross-laminated polyethylene film of 0.004-inch (0.10-mm)] minimum thickness. C. Form: [Sheet] [or] [tube]. D. Color: [Black] [or] [natural] PART 3 - EXECUTION 3.1 EARTH MOVING A. Comply with requirements for excavating, trenching, and backfilling specified in Division 31 Section "Earth Moving." 3.2 PIPING INSTALLATION A. Drawing plans, schematics, and diagrams indicate general location and arrangement of piping systems. Indicated locations and arrangements were used to size pipe and calculate friction loss, expansion, pump sizing, and other design considerations. Install piping as indicated unless deviations to layout are approved on coordination drawings. B. Install piping in concealed locations unless otherwise indicated and except in equipment rooms and service areas. C. Install piping indicated to be exposed and piping in equipment rooms and service areas at right angles or parallel to building walls. Diagonal runs are prohibited unless specifically indicated otherwise. D. Install piping above accessible ceilings to allow sufficient space for ceiling panel removal. E. Install piping to permit valve servicing. Item # 9Attachment #4 Page 175 of 186 322 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 11 F. Install piping at indicated slopes. G. Install piping free of sags and bends. H. Install fittings for changes in direction and branch connections. I. Install piping to allow application of insulation. J. Install seismic restraints on piping. Comply with requirements for seismic-restraint devices specified in Division 22 Section "Vibration and Seismic Controls for Plumbing Piping and Equipment." K. Make changes in direction for soil and waste drainage and vent piping using appropriate branches, bends, and long-sweep bends. Sanitary tees and short-sweep 1/4 bends may be used on vertical stacks if change in direction of flow is from horizontal to vertical. Use long- turn, double Y-branch and 1/8-bend fittings if two fixtures are installed back to back or side by side with common drain pipe. Straight tees, elbows, and crosses may be used on vent lines. Do not change direction of flow more than 90 degrees. Use proper size of standard increasers and reducers if pipes of different sizes are connected. Reducing size of drainage piping in direction of flow is prohibited. L. Lay buried building drainage piping beginning at low point of each system. Install true to grades and alignment indicated, with unbroken continuity of invert. Place hub ends of piping upstream. Install required gaskets according to manufacturer's written instructions for use of lubricants, cements, and other installation requirements. Maintain swab in piping and pull past each joint as completed. M. Install soil and waste drainage and vent piping at the following minimum slopes unless otherwise indicated: 1. Building Sanitary Drain: 2 percent downward in direction of flow for piping NPS 3 (DN 80) and smaller; [1 percent] [2 percent] downward in direction of flow for piping NPS 4 (DN 100) and larger. 2. Horizontal Sanitary Drainage Piping: [2 percent] downward in direction of flow. 3. Vent Piping: [1 percent] down toward vertical fixture vent or toward vent stack. N. Install cast-iron soil piping according to CISPI's "Cast Iron Soil Pipe and Fittings Handbook," Chapter IV, "Installation of Cast Iron Soil Pipe and Fittings." 1. Install encasement on underground piping according to ASTM A 674 or AWWA C105/A 21.5. O. Install steel piping according to applicable plumbing code. P. Install stainless-steel piping according to ASME A112.3.1 and applicable plumbing code. Q. Install aboveground copper tubing according to CDA's "Copper Tube Handbook." R. Install aboveground ABS piping according to ASTM D 2661. S. Install aboveground PVC piping according to ASTM D 2665. T. Install underground [ABS ] [and] [PVC] piping according to ASTM D 2321. Item # 9Attachment #4 Page 176 of 186 323 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 12 U. Install engineered soil and waste drainage and vent piping systems as follows: 1. Combination Waste and Vent: Comply with standards of authorities having jurisdiction. 2. Sovent Drainage System: Comply with ASSE 1043 and sovent fitting manufacturer's written installation instructions. 3. Reduced-Size Venting: Comply with standards of authorities having jurisdiction. V. Install underground, ductile-iron, force-main piping according to AWWA C600. Install buried piping inside building between wall and floor penetrations and connection to sanitary sewer piping outside building with restrained joints. Anchor pipe to wall or floor. Install thrust-block supports at vertical and horizontal offsets. 1. Install encasement on piping according to ASTM A 674 or AWWA C105/A 21.5. W. Install underground, copper, force-main tubing according to CDA's "Copper Tube Handbook." 1. Install encasement on piping according to ASTM A 674 or AWWA C105/A 21.5. X. Install force mains at elevations indicated. Y. Plumbing Specialties: 1. Install backwater valves in sanitary waster gravity-flow piping. Comply with requirements for backwater valves specified in Division 22 Section "Sanitary Waste Piping Specialties." 2. Install cleanouts at grade and extend to where building sanitary drains connect to building sanitary sewers in sanitary drainage gravity-flow piping. Install cleanout fitting with closure plug inside the building in sanitary drainage force-main piping. Comply with requirements for cleanouts specified in Division 22 Section "Sanitary Waste Piping Specialties." 3. Install drains in sanitary drainage gravity-flow piping. Comply with requirements for drains specified in Division 22 Section "Sanitary Waste Piping Specialties." Z. Do not enclose, cover, or put piping into operation until it is inspected and approved by authorities having jurisdiction. AA. Install sleeves for piping penetrations of walls, ceilings, and floors. Comply with requirements for sleeves specified in Division 22 Section "Sleeves and Sleeve Seals for Plumbing Piping." BB. Install sleeve seals for piping penetrations of concrete walls and slabs. Comply with requirements for sleeve seals specified in Division 22 Section "Sleeves and Sleeve Seals for Plumbing Piping." CC. Install escutcheons for piping penetrations of walls, ceilings, and floors. Comply with requirements for escutcheons specified in Division 22 Section "Escutcheons for Plumbing Piping." 3.3 JOINT CONSTRUCTION A. Join hub-and-spigot, cast-iron soil piping with gasket joints according to CISPI's "Cast Iron Soil Pipe and Fittings Handbook" for compression joints. Item # 9Attachment #4 Page 177 of 186 324 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 13 B. Join hub-and-spigot, cast-iron soil piping with calked joints according to CISPI's "Cast Iron Soil Pipe and Fittings Handbook" for lead-and-oakum calked joints. C. Join hubless, cast-iron soil piping according to CISPI 310 and CISPI's "Cast Iron Soil Pipe and Fittings Handbook" for hubless-piping coupling joints. D. Threaded Joints: Thread pipe with tapered pipe threads according to ASME B1.20.1. Cut threads full and clean using sharp dies. Ream threaded pipe ends to remove burrs and restore full ID. Join pipe fittings and valves as follows: 1. Apply appropriate tape or thread compound to external pipe threads unless dry seal threading is specified. 2. Damaged Threads: Do not use pipe or pipe fittings with threads that are corroded or damaged. Do not use pipe sections that have cracked or open welds. E. Join stainless-steel pipe and fittings with gaskets according to ASME A112.3.1. F. Join copper tube and fittings with soldered joints according to ASTM B 828. Use ASTM B 813, water-flushable, lead-free flux and ASTM B 32, lead-free-alloy solder. G. Grooved Joints: Cut groove ends of pipe according to AWWA C606. Lubricate and install gasket over ends of pipes or pipe and fitting. Install coupling housing sections, over gasket, with keys seated in piping grooves. Install and tighten housing bolts. H. Flanged Joints: Align bolt holes. Select appropriate gasket material, size, type, and thickness. Install gasket concentrically positioned. Use suitable lubricants on bolt threads. Torque bolts in cross pattern. I. Plastic, Nonpressure-Piping, Solvent-Cement Joints: Clean and dry joining surfaces. Join pipe and fittings according to the following: 1. Comply with ASTM F 402 for safe-handling practice of cleaners, primers, and solvent cements. 2. ABS Piping: Join according to ASTM D 2235 and ASTM D 2661 Appendixes. 3. PVC Piping: Join according to ASTM D 2855 and ASTM D 2665 Appendixes. 3.4 SPECIALTY PIPE FITTING INSTALLATION A. Transition Couplings: 1. Install transition couplings at joints of piping with small differences in OD's. 2. In Drainage Piping: [Unshielded] [Shielded], non-pressure transition couplings. 3. In Aboveground Force Main Piping: Fitting-type transition couplings. 4. In Underground Force Main Piping: a. NPS 1-1/2 (DN 40) and Smaller: Fitting-type transition couplings. b. NPS 2 (DN 50) and Larger: Pressure transition couplings. B. Dielectric Fittings: 1. Install dielectric fittings in piping at connections of dissimilar metal piping and tubing. 2. Dielectric Fittings for [NPS 2 (DN 50)] and Smaller: Use dielectric [nipples] [unions]. Item # 9Attachment #4 Page 178 of 186 325 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 14 3. Dielectric Fittings for [NPS 2-1/2 to NPS 4 (DN 65 to DN 100)]: Use dielectric [flanges] [flange kits] [nipples]. 4. Dielectric Fittings for [NPS 5 (DN 125)] and Larger: Use dielectric flange kits. 3.5 VALVE INSTALLATION A. General valve installation requirements are specified in Division 22 Section "General-Duty Valves for Plumbing Piping." B. Shutoff Valves: 1. Install shutoff valve on each sewage pump discharge. 2. Install gate or full-port ball valve for piping NPS 2 (DN 50) and smaller. 3. Install gate valve for piping NPS 2-1/2 (DN 65) and larger. C. Check Valves: Install swing check valve, between pump and shutoff valve, on each sewage pump discharge. D. Backwater Valves: Install backwater valves in piping subject to backflow. 1. Horizontal Piping: Horizontal backwater valves. [Use normally closed type unless otherwise indicated.] 2. Floor Drains: Drain outlet backwater valves unless drain has integral backwater valve. 3. Install backwater valves in accessible locations. 4. Comply with requirements for backwater valve specified in Division 22 Section "Sanitary Waste Piping Specialties." 3.6 HANGER AND SUPPORT INSTALLATION A. Comply with requirements for seismic-restraint devices specified in Division 22 Section "Vibration and Seismic Controls for Plumbing Piping and Equipment." B. Comply with requirements for pipe hanger and support devices and installation specified in Division 22 Section "Hangers and Supports for Plumbing Piping and Equipment." 1. Install [carbon-steel] pipe hangers for horizontal piping in noncorrosive environments. 2. Install [stainless-steel] [fiberglass] pipe hangers for horizontal piping in corrosive environments. 3. Install [carbon-steel] pipe support clamps for vertical piping in noncorrosive environments. 4. Install stainless-steel pipe support clamps for vertical piping in corrosive environments. 5. Vertical Piping: MSS Type 8 or Type 42 clamps. 6. Install individual, straight, horizontal piping runs: a. 100 Feet (30 m) and Less: MSS Type 1, adjustable, steel clevis hangers. b. Longer than 100 Feet (30 m): MSS Type 43, adjustable roller hangers. c. Longer than 100 Feet (30 m) if Indicated: MSS Type 49, spring cushion rolls. 7. Multiple, Straight, Horizontal Piping Runs 100 Feet (30 m) or Longer: MSS Type 44, pipe rolls. Support pipe rolls on trapeze. 8. Base of Vertical Piping: MSS Type 52, spring hangers. Item # 9Attachment #4 Page 179 of 186 326 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 15 C. Support horizontal piping and tubing within 12 inches (300 mm) of each fitting [valve] and coupling. D. Support vertical piping and tubing at base and at each floor. E. Rod diameter may be reduced one size for double-rod hangers, with 3/8-inch (10-mm) minimum rods. F. Install hangers for cast-iron soil piping with the following maximum horizontal spacing and minimum rod diameters: 1. NPS 1-1/2 and NPS 2 (DN 40 and DN 50): 60 inches (1500 mm) with 3/8-inch (10- mm) rod. 2. NPS 3 (DN 80): 60 inches (1500 mm) with 1/2-inch (13-mm) rod. 3. NPS 4 and NPS 5 (DN 100 and DN 125): 60 inches (1500 mm) with 5/8-inch (16-mm) rod. 4. NPS 6 and NPS 8 (DN 150 and DN 200): 60 inches (1500 mm) with 3/4-inch (19-mm) rod. 5. NPS 10 and NPS 12 (DN 250 and DN 300): 60 inches (1500 mm) with 7/8-inch (22- mm) rod. 6. Spacing for 10-foot (3-m) lengths may be increased to 10 feet (3 m). Spacing for fittings is limited to 60 inches (1500 mm). G. Install supports for vertical cast-iron soil piping every 15 feet (4.5 m). H. Install hangers for steel piping with the following maximum horizontal spacing and minimum rod diameters: 1. NPS 1-1/4 (DN 32): 84 inches (2100 mm) with 3/8-inch (10-mm) rod. 2. NPS 1-1/2 (DN 40): 108 inches (2700 mm) with 3/8-inch (10-mm) rod. 3. NPS 2 (DN 50): 10 feet (3 m) with 3/8-inch (10-mm) rod. 4. NPS 2-1/2 (DN 65): 11 feet (3.4 m) with 1/2-inch (13-mm) rod. 5. NPS 3 (DN 80): 12 feet (3.7 m) with 1/2-inch (13-mm) rod. 6. NPS 4 and NPS 5 (DN 100 and DN 125): 12 feet (3.7 m) with 5/8-inch (16-mm) rod. 7. NPS 6 and NPS 8 (DN 150 and DN 200): 12 feet (3.7 m) with 3/4-inch (19-mm) rod. 8. NPS 10 and NPS 12 (DN 250 and DN 300): 12 feet (3.7 m) with 7/8-inch (22-mm) rod. I. Install supports for vertical steel piping every 15 feet (4.5 m). J. Install hangers for stainless-steel piping with the following maximum horizontal spacing and minimum rod diameters: 1. NPS 2 (DN 50): 84 inches (2100 mm) with 3/8-inch (10-mm) rod. 2. NPS 3 (DN 80): 96 inches (2400 mm) with 1/2-inch (13-mm) rod. 3. NPS 4 (DN 100): 108 inches (2700 mm) with 1/2-inch (13-mm) rod. 4. NPS 6 (DN 150): 10 feet (3 m) with 5/8-inch (16-mm) rod. K. Install supports for vertical stainless-steel piping every 10 feet (3 m). L. Install hangers for copper tubing with the following maximum horizontal spacing and minimum rod diameters: 1. NPS 1-1/4 (DN 32): 72 inches (1800 mm) with 3/8-inch (10-mm) rod. Item # 9Attachment #4 Page 180 of 186 327 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 16 2. NPS 1-1/2 and NPS 2 (DN 40 and DN 50): 96 inches (2400 mm) with 3/8-inch (10- mm) rod. 3. NPS 2-1/2 (DN 65): 108 inches (2700 mm) with 1/2-inch (13-mm) rod. 4. NPS 3 and NPS 5 (DN 80 and DN 125): 10 feet (3 m) with 1/2-inch (13-mm) rod. 5. NPS 6 (DN 150): 10 feet (3 m) with 5/8-inch (16-mm) rod. 6. NPS 8 (DN 200): 10 feet (3 m) with 3/4-inch (19-mm) rod. M. Install supports for vertical copper tubing every 10 feet (3 m). N. Install hangers for [ABS ] [and] [PVC] piping with the following maximum horizontal spacing and minimum rod diameters: 1. NPS 1-1/2 and NPS 2 (DN 40 and DN 50): 48 inches (1200 mm) with 3/8-inch (10- mm) rod. 2. NPS 3 (DN 80): 48 inches (1200 mm) with 1/2-inch (13-mm) rod. 3. NPS 4 and NPS 5 (DN 100 and DN 125): 48 inches (1200 mm) with 5/8-inch (16-mm) rod. 4. NPS 6 and NPS 8 (DN 150 and DN 200): 48 inches (1200 mm) with 3/4-inch (19-mm) rod. 5. NPS 10 and NPS 12 (DN 250 and DN 300): 48 inches (1200 mm) with 7/8-inch (22- mm) rod. O. Install supports for vertical [ABS] [and] [PVC] piping every 48 inches (1200 mm). P. Support piping and tubing not listed above according to MSS SP-69 and manufacturer's written instructions. 3.7 CONNECTIONS A. Drawings indicate general arrangement of piping, fittings, and specialties. B. Connect soil and waste piping to exterior sanitary sewerage piping. Use transition fitting to join dissimilar piping materials. C. Connect drainage and vent piping to the following: 1. Plumbing Fixtures: Connect drainage piping in sizes indicated, but not smaller than required by plumbing code. 2. Plumbing Fixtures and Equipment: Connect atmospheric vent piping in sizes indicated, but not smaller than required by authorities having jurisdiction. 3. Plumbing Specialties: Connect drainage and vent piping in sizes indicated, but not smaller than required by plumbing code. 4. Install test tees (wall cleanouts) in conductors near floor and floor cleanouts with cover flush with floor. 5. Install horizontal backwater valves [with cleanout cover flush with floor] [in pit with pit cover flush with floor]. 6. Comply with requirements for [backwater valves] [cleanouts] [and] [drains] specified in Division 22 Section "Sanitary Waste Piping Specialties." 7. Equipment: Connect drainage piping as indicated. Provide shutoff valve if indicated and union for each connection. Use flanges instead of unions for connections NPS 2- 1/2 (DN 65) and larger. Item # 9Attachment #4 Page 181 of 186 328 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 17 D. Connect force-main piping to the following: 1. Sanitary Sewer: To exterior force main. 2. Sewage Pump: To sewage pump discharge. E. Where installing piping adjacent to equipment, allow space for service and maintenance of equipment. F. Make connections according to the following unless otherwise indicated: 1. Install unions, in piping NPS 2 (DN 50) and smaller, adjacent to each valve and at final connection to each piece of equipment. 2. Install flanges, in piping NPS 2-1/2 (DN 65) and larger, adjacent to flanged valves and at final connection to each piece of equipment. 3.8 IDENTIFICATION A. Identify exposed sanitary waste and vent piping. Comply with requirements for identification specified in Division 22 Section "Identification for Plumbing Piping and Equipment." 3.9 FIELD QUALITY CONTROL A. During installation, notify authorities having jurisdiction at least 24 hours before inspection must be made. Perform tests specified below in presence of authorities having jurisdiction. 1. Roughing-in Inspection: Arrange for inspection of piping before concealing or closing- in after roughing-in and before setting fixtures. 2. Final Inspection: Arrange for final inspection by authorities having jurisdiction to observe tests specified below and to ensure compliance with requirements. B. Re-inspection: If authorities having jurisdiction find that piping will not pass test or inspection, make required corrections and arrange for re-inspection. C. Reports: Prepare inspection reports and have them signed by authorities having jurisdiction. D. Test sanitary drainage and vent piping according to procedures of authorities having jurisdiction or, in absence of published procedures, as follows: 1. Test for leaks and defects in new piping and parts of existing piping that have been altered, extended, or repaired. If testing is performed in segments, submit separate report for each test, complete with diagram of portion of piping tested. 2. Leave uncovered and unconcealed new, altered, extended, or replaced drainage and vent piping until it has been tested and approved. Expose work that was covered or concealed before it was tested. 3. Roughing-in Plumbing Test Procedure: Test drainage and vent piping except outside leaders on completion of roughing-in. Close openings in piping system and fill with water to point of overflow, but not less than 10-foot head of water (30 kPa). From 15 minutes before inspection starts to completion of inspection, water level must not drop. Inspect joints for leaks. 4. Finished Plumbing Test Procedure: After plumbing fixtures have been set and traps filled with water, test connections and prove they are gastight and watertight. Plug Item # 9Attachment #4 Page 182 of 186 329 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 18 vent-stack openings on roof and building drains where they leave building. Introduce air into piping system equal to pressure of 1-inch wg (250 Pa). Use U-tube or manometer inserted in trap of water closet to measure this pressure. Air pressure must remain constant without introducing additional air throughout period of inspection. Inspect plumbing fixture connections for gas and water leaks. 5. Repair leaks and defects with new materials and retest piping, or portion thereof, until satisfactory results are obtained. 6. Prepare reports for tests and required corrective action. E. Test force-main piping according to procedures of authorities having jurisdiction or, in absence of published procedures, as follows: 1. Leave uncovered and unconcealed new, altered, extended, or replaced force-main piping until it has been tested and approved. Expose work that was covered or concealed before it was tested. 2. Cap and subject piping to static-water pressure of 50 psig (345 kPa) above operating pressure, without exceeding pressure rating of piping system materials. Isolate test source and allow to stand for four hours. Leaks and loss in test pressure constitute defects that must be repaired. 3. Repair leaks and defects with new materials and retest piping, or portion thereof, until satisfactory results are obtained. 4. Prepare reports for tests and required corrective action. 3.10 CLEANING AND PROTECTION A. Clean interior of piping. Remove dirt and debris as work progresses. B. Protect drains during remainder of construction period to avoid clogging with dirt and debris and to prevent damage from traffic and construction work. C. Place plugs in ends of uncompleted piping at end of day and when work stops. D. Exposed [ABS] [and] [PVC] Piping: Protect plumbing vents exposed to sunlight with two coats of water-based latex paint. 3.11 PIPING SCHEDULE A. Flanges and unions may be used on aboveground pressure piping unless otherwise indicated. B. Aboveground, soil and waste piping [NPS 4 (DN 100) and smaller] shall be [any of] the following: 1. Service class, cast-iron soil pipe and fittings; gaskets; and gasketed joints. 2. Hubless, cast-iron soil pipe and fittings [and sovent stack fittings]; [CISPI] [heavy- duty] hubless-piping couplings; and coupled joints. 3. Galvanized-steel pipe, drainage fittings, and threaded joints. 4. Stainless-steel pipe and fittings, sealing rings, and gasketed joints. 5. Copper DWV tube, copper drainage fittings, and soldered joints. 6. [Solid-wall] [Cellular-core] ABS pipe, ABS sockets fittings, and solvent-cemented joints. Item # 9Attachment #4 Page 183 of 186 330 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 19 7. [Solid-wall] [Cellular-core] PVC pipe, PVC sockets fittings, and solvent-cemented joints. 8. Dissimilar Pipe-Material Couplings: [Unshielded] [Shielded], non-pressure transition couplings. C. Aboveground, soil and waste piping [NPS 5 (DN 125) and larger] <Insert pipe size range> shall be[ any of] the following: 1. Service class, cast-iron soil pipe and fittings; gaskets; and gasketed joints. 2. Hubless, cast-iron soil pipe and fittings [and solvent stack fittings]; [CISPI] [heavy- duty] hubless-piping couplings; and coupled joints. 3. Galvanized-steel pipe, drainage fittings, and threaded joints. 4. Stainless-steel pipe and fittings, sealing rings, and gasketed joints. 5. [Solid-wall] [Cellular-core] PVC pipe, PVC sockets fittings, and solvent-cemented joints. 6. Dissimilar Pipe-Material Couplings: [Unshielded] [Shielded], non-pressure transition couplings. D. Aboveground, vent piping [NPS 4 (DN 100) and smaller] shall be [any of] the following: 1. Service class, cast-iron soil pipe and fittings; gaskets; and gasketed joints. 2. Hubless, cast-iron soil pipe and fittings; [CISPI] [heavy-duty] hubless-piping couplings; and coupled joints. 3. Galvanized-steel pipe, drainage fittings, and threaded joints. 4. Stainless-steel pipe and fittings gaskets and gasketed joints. 5. Copper DWV tube, copper drainage fittings, and soldered joints. a. Option for Vent Piping, NPS 2-1/2 and NPS 3-1/2 (DN 65 and DN 90): Hard copper tube, Type M (Type C); copper pressure fittings; and soldered joints. 6. [Solid-wall] [Cellular-core] ABS pipe, ABS sockets fittings, and solvent-cemented joints. 7. [Solid-wall] [Cellular-core] PVC pipe, PVC sockets fittings, and solvent-cemented joints. 8. Dissimilar Pipe-Material Couplings: [Unshielded] [Shielded], non-pressure transition couplings. E. Aboveground, vent piping [NPS 5 (DN 125) and larger] <Insert pipe size range> shall be[ any of] the following: 1. Service class, cast-iron soil pipe and fittings; gaskets; and gasketed joints. 2. Hubless, cast-iron soil pipe and fittings; [CISPI] [heavy-duty] hubless-piping couplings; and coupled joints. 3. Galvanized-steel pipe, drainage fittings, and threaded joints. 4. [Solid-wall] [Cellular-core] PVC pipe, PVC sockets fittings, and solvent-cemented joints. 5. Dissimilar Pipe-Material Couplings: [Unshielded] [Shielded], non-pressure transition couplings. F. Underground, soil, waste, and vent piping [NPS 4 (DN 100) and smaller] <Insert pipe size range> shall be[ any of] the following: Item # 9Attachment #4 Page 184 of 186 331 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 20 1. [Extra Heavy] [Service] class, cast-iron soil piping; [gaskets; and gasketed] [calking materials; and calked] joints. 2. Hubless, cast-iron soil pipe and fittings; [CISPI] [heavy-duty] [cast-iron] hubless- piping couplings; and coupled joints. 3. Stainless-steel pipe and fittings, gaskets, and gasketed joints. 4. [Solid wall] [Cellular-core] ABS pipe, ABS sockets fittings, and solvent-cemented joints. 5. [Solid wall] [Cellular-core] PVC pipe, PVC sockets fittings, and solvent-cemented joints. 6. Dissimilar Pipe-Material Couplings: [Unshielded] [Shielded], non-pressure transition couplings. G. Underground, soil and waste piping [NPS 5 (DN 125) and larger] <Insert pipe size range> shall be[ any of] the following: 1. [Extra Heavy] [Service] class, cast-iron soil piping; [gaskets; and gasketed] [calking materials; and calked] joints. 2. Hubless, cast-iron soil pipe and fittings; [CISPI] [heavy-duty] [cast-iron] hubless- piping couplings; coupled joints. 3. [Solid-wall] [Cellular-core] PVC pipe; PVC socket fittings; and solvent-cemented joints. 4. Dissimilar Pipe-Material Couplings: [Unshielded] [Shielded], non-pressure transition couplings. H. Aboveground sanitary-sewage force mains [NPS 1-1/2 and NPS 2 (DN 40 and DN 50)] <Insert pipe size range> shall be[ any of] the following: 1. Hard copper tube, Type L (Type B); copper pressure fittings; and soldered joints. 2. Galvanized-steel pipe, pressure fittings, and threaded joints. I. Aboveground sanitary-sewage force mains [NPS 2-1/2 to NPS 6 (DN 65 to DN 150)] <Insert pipe size range> shall be[ any of] the following: 1. Hard copper tube, Type L (Type B); copper pressure fittings; and soldered joints. 2. Galvanized-steel pipe, pressure fittings, and threaded joints. 3. Grooved-end, galvanized-steel pipe; grooved-joint, galvanized-steel-pipe appurtenances; and grooved joints. J. Underground sanitary-sewage force mains [NPS 4 (DN 100) and smaller] <Insert pipe size range> shall be[ any of] the following: 1. [Hard] [Soft] copper tube, Type L (Type B); [wrought-] copper pressure fittings; and soldered joints. 2. Ductile-iron, mechanical-joint piping and mechanical joints. 3. Ductile-iron, push-on-joint piping and push-on joints. 4. Ductile-iron, grooved-joint piping and grooved joints. 5. Fitting-type transition coupling for piping smaller than NPS 1-1/2 (DN 40) and pressure transition coupling for NPS 1-1/2 (DN 40) and larger if dissimilar pipe materials. K. Underground sanitary-sewage force mains [NPS 5 (DN 125) and larger] <Insert pipe size range> shall be[ any of] the following: Item # 9Attachment #4 Page 185 of 186 332 of 413 PROJECT NO. 11905 SANITARY WASTE AND VENT PIPING 221316 - 21 1. Hard copper tube, Type L (Type B); [wrought-]copper pressure fittings; and soldered joints. 2. Ductile-iron, mechanical-joint piping and mechanical joints. 3. Ductile-iron, push-on-joint piping and push-on joints. 4. Ductile-iron, grooved-joint piping and grooved joints. 5. Pressure transition couplings if dissimilar pipe materials. END OF SECTION 221316 Item # 9Attachment #4 Page 186 of 186 333 of 413 NE 36th Street and Andrews Drainage Area Improvement Area ROW Width A n d r e w s A v e NE 36th Street Item # 9Attachment #5 Page 1 of 1 334 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 10 MEETING DATE: 6/7/2017 PREPARED BY: Albert Carbon III, P.E., Director, Public Works Department DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: Work Authorization for the development of a plan for the demolition and conceptual re-design of the WWTP Structures, PW Operations Center 1. BACKGROUND/HISTORY Due to lack of time, this item was moved from the May 17, 2017, Commission meeting to the June 7, 2017, meeting for Commission consideration. I ssue Statement: The City of Oakland Park built a Wastewater Treatment Plant (WWTP) in 1968 (see dedication plaque, Exhibit A) located at 5100 NE 12 Terrace and de-commissioned the plant (see photos, Exhibit B & C) in the early 1980's when Broward County regionalized the treatment of wastewater in the county. A portion of the facility is currently used for administrative offices but primarily remains underutilized. The Facility Siting Report, presented at the April 5, 2017 Commission Meeting, made recommendations for this property to be considered for the centralization of Public Work functions. A conceptual redesign and plan for the demolition will provide the framework for the centralization of PW operations at the WWTP. Funding to cover this plan was included in FY16/17 Capital Budget. The review will also include an exploration of the potential acquisition of additional property that may be beneficial to the relocation effort. Recommended Action: Staff recommends the approval of a work authorization to Craven Thompson and Associates (CTA) for the development of a plan for the demolition and conceptual redesign of the old WWTP in the amount of $62,100. In the years since it was abandoned, the plant's sludge processing building has been used to store equipment and material of the Water Distribution, Wastewater Collection, Streets and Stormwater sections of the Public Works (PW) Department. The WWTP garage was converted to administration offices for the foremen and managers of the above PW sections, as well as the assistant PW director. For the most part, the former treatment structures have sat idle and only serve as a lock-up area for Item # 10 335 of 413 PWs construction equipment. The WWTP facility structures are nearing the fifty year age mark and are in need of major rehabilitation. By improving this site, the City may be able to provide a centralized Public Works Administration and Operations campus for all PW functions: Administration, Water, Wastewater, Stormwater, Streets, Solid Waste, Facilities Maintenance and City Garage. The location and size of the 5.1 acre former WWTP site provides a good option to explore the possibility of consolidation. 2. CURRENT ACTIVITY Staff initially contemplated to reuse portions of the old aeration basin and convert it to a storage garage, however, that idea has been abandoned on the advice of our engineers and architects. It has been advised that it will be less expensive to build a new storage garage rather than arrange for costly demolition to save only portions of the old treatment plant. The development of a conceptual site plan under this authorization will provide for the development of the site. In order to assess the demolition work and provide a review of the development of the PW campus concept, our consulting engineer, CTA has provided a proposal (see Exhibit D) for a work authorization that would provide the following: 1. Boundary & Topographic Survey of the site 2. Demolition Plans for the demolition of the treatment portion (preliminary treatment, aeration basin and final clarifiers with pump house) of the plant (seen on Exhibits B & C). 3. Conceptual Master Plan for the site 4. Demolition contract management by CTA's architect and overall engineering management of the project by Craven Thompson & Associates. 5. Asbestos study needed prior to demolition, and 6. Miscellaneous reimbursable expenses. 3. FINANCIAL IMPACT The Capital Improvement Program for FY 2017 includes $195,000 for the site plan and demolition efforts at the site and FY 17/18 has set aside $600,000 for the design and construction of a new administration building. A copy of the project worksheet is attached as Exhibit "E." The cost of this proposed Work Authorization for $62,100 falls within the funds budgeted in FY 16/17. The proposed expenditure is as follows: Project, Acct. Name & Number Available Proposed Remaining Item # 10 -- 336 of 413 Budget Expenditure Available PWCAMPUS-DESIGN- STORMWATER-CITYFUNDS: 40575538.463000 $78,000 $24,840 $53,160 PWCAMPUS-DESIGN-WATER- CITYFUNDS: 40170536.463000 $78,000 $24,840 $53,160 PWCAMPUS-DESIGN-SEWER- CITYFUNDS: 40171536.463000 $39,000 $12,420 $26,580 Total $195,000 $62,100 $132,900 4. RECOMMENDATION Staff recommends adoption of the resolution approving a work authorization for Craven Thompson and Associates (CTA) for the development of a plan for the demolition and conceptual redesign of the old WWTP in the amount of $62,100. ATTACHMENTS: Descr ipt ion Resolution WWTP Dedication Plaque WWTP Photo 1 WWTP, Photo Craven Thompson Work Authorization Proposal FY '16/'17 Capital Budget Sheet for Project Facility Siting Report Item # 10 337 of 413 Page 1 of 2 RESOLUTION NO. R-2017-XXX 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 3 OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING 4 THE PROPER CITY OFFICIALS TO EXECUTE A WORK 5 AUTHORIZATION WITH CRAVEN THOMPSON AND ASSOCIATES 6 FOR THE DEVELOPMENT OF A WORK PLAN FOR THE 7 DEMOLITION AND CONCEPTUAL REDESIGN OF THE OLD 8 WASTEWATER TREATMENT PLANT; PROVIDING FOR 9 CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 10 AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City Commission deems it to be in the best interests of the City to 14 approve and authorize the proper City officials to execute a Work Authorization with Craven 15 Thompson and Associates (CTA) for the development of a work plan for the demolition and 16 conceptual redesign of the old wastewater treatment plant (WWTP). 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF OAKLAND PARK, FLORIDA THAT: 20 21 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and hereby 22 ratified and confirmed by the City Commission. All exhibits attached hereto are hereby 23 incorporated herein. 24 25 SECTION 2. The City Commission of the City of Oakland Park, Florida, hereby 26 approves and authorizes the proper City officials to execute a Work Authorization with Craven 27 Thompson and Associates (CTA) for the development of a work plan for the demolition and 28 conceptual redesign of the old wastewater treatment plant in an amount not-to-exceed of 29 $62,100.00. 30 31 SECTION 3. The appropriate City officials are authorized and directed to execute 32 the necessary documents to comply with this Resolution. 33 34 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be and 35 the same are repealed to the extent of such conflict. 36 37 SECTION 5. If any clause, section or other part of this Resolution shall be held by 38 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 39 invalid part shall be considered eliminated and will in no way affect the validity of the other 40 provisions of this Resolution. 41 42 SECTION 6. This Resolution shall become effective immediately upon its passage 43 and adoption. 44 45 46 47 Item # 10Attachment #1 Page 1 of 2 338 of 413 Page 2 of 2 ADOPTED by the City Commission of the City of Oakland Park, Florida this 7th, day 1 of June, 2017. 2 3 4 5 CITY OF OAKLAND PARK, FLORIDA 6 7 8 ___________________________________ 9 MAYOR JOHN ADORNATO III 10 11 T. LONERGAN _____ 12 S. GUEVREKIAN _____ 13 M. SPARKS _____ 14 M. CARN _____ 15 J. ADORNATO _____ 16 17 18 19 20 ATTEST: 21 22 23 RENEE M. SHROUT, CMC 24 CITY CLERK 25 Item # 10Attachment #1 Page 2 of 2 339 of 413 Item # 10Attachment #2 Page 1 of 1 340 of 413 Item # 10Attachment #3 Page 1 of 1 • • ~ r 341 of 413 Item # 10Attachment #4 Page 1 of 1 342 of 413 Item # 10Attachment #5 Page 1 of 9 ATTACHMENT C CITY OF OAKLAND PARK WORK AUTHORIZATION FOR PROFESSIONAL SERVICES CONSULTANT: Craven Thompson & Associates, Inc. PROJECT MANAGER: Hank Breitenkam Address: 3563 NW 53n1 Street Fort Lauderdale, FL 33309 Contract No . Work Authorization No: 17-CTA-ECD-WWTF Agreement Description: Continuing Professional Services Contract Resolution #: Effective Date: October 1, 2012 Effective Date: P.O.# For Work Authorization: Budget Brief Task Description: Wastewater Treatment Facility Aerator and Clarifier Buildings In accordance with the above referenced agreement, you are authorized to perform the tasks detailed in attached Exhibit A (Scope of Services). All reauired services will be completed on or before: See Exhibit "C" The total amount or the limiting amount of the compensation will be: $62,100.00 unless additional services are authorized by the CITY in writing. Hourly not to exceed (NTE) items will be paid against detailed invoices describing the work performed, by whom, work dates and number of hours worked on project. Lump Sum (LS) items will be paid based upon the percent of work that is actually complete. Compensation elements are as follows: Method of Amount Task Code Compensation ($) Task 1-Boundary and Topagraphic Survey Lump Sum $18 ,500 .00 Task 2-Demolition Plans Lump Sum $20,500.00 Task 3 -Master Site Plan Lump Sum $9,800.00 Task 4 -Construction Contract Administration Hourly, Not to Exceed $5,400 .00 Task 5 -R.A.C.M. Insnection & Survey Lump Sum $750.00 Task 6 -R.A.C .M . Samples ($20/Samole) Allowance $400.00 Task 7 -General Civil Engineering Lump Sum $3,500.00 Task 8-Proiect Management Lump Sum $3,000 .00 Task 9-Reimbursable Expenses Estimated Budget $250 .00 Total $62,100.00 Other Notes: This Work Authorization is subject to the same terms and conditions of the Continuing Professional Services Contract dated October 1, 2012. Please acknowledge receipt of, and agreement with, this Work Authorization by signing and dating and returning four (4) original signed copies to the City Manager via the appropriate Department Director. The CITY will send you one fully executed copy. CITY of OAKLAND PARK Approval: David Hebert City Manager j (Signature) (Date) \~~/)~ a l r~L1 1- Albert Carbon, P .E. Public Works Director (Signature) (Date) CONSULT ANT Acceptance: #I/ ~~§/L!- Patrick J. Gibney, P .E . Vice President, Engineering , <pture) , Page I 343 of 413 Item # 10Attachment #5 Page 2 of 9 City of Oakland Park Work Authorization No.: 17-CTA-ECD-WWTF CTA Proposal No.: 2017-S04.045 Brief Task Description: Wastewater Treatment Facility Aerator and Clarifier Buildings Exhibit A Scope of Services I. SURVEYING SERVICES Task 1 Prepare Boundary and Topographic Survey (CT A Task No. 11050) Prepare a boundary and topographic survey of the fonner Oakland Park Water Treatment Plant, containing 5.1 acres and lying in the West half(Wl/2) of the Northwest Quarter (NWI/4) of the Southwest quarter (SWI/4) of the Northeast quarter (NEI/4) of Section 14, Township 49 South, Range 42 East, in the City of Oakland Park. The site is also described as Broward County Parcel Folio Number 494214000010 and delineated in the attached Exhibit 'A'. The survey will meet all the current surveying requirements of the Board of Professional Surveyors and Mappers of the State of Florida as defined in Chapter 5J-l 7 Florida Administrative Code. • The survey will include the recovery and/or setting of all boundary and/or Right-of-way monumentation in order to tie all visible improvements to. • The location of aboveground visible improvements includes all pavement, slabs, fences, and utility features within the limits of this Survey. • Additional locations include of the aboveground visible improvements within the full right- of-way the adjacent roads to the north and west (NE 12th Terrace & NE 53 rd Street) • Underground utility locations are not included within this survey unless otherwise noted herein. • Topographic elevations of the site will be measured on pavement of the adjacent roads at 50 foot intervals and spot elevations on the ground within the site on an approximate I 00-foot grid where we can access it due to heavy vegetation. • Rim, Invert, pipe sizes and directions will be measured on sanitary and storm sewers within the property and/or servicing the property along the access roads. • Trees are not included within this task • The preparation of the survey in AutoCAD Civil 3D version 2014 or newer drawing file fonnat. • Elevations will be based on North American Vertical Datum of 1988 (NAVD88) unless otherwise requested. Lump Sum .............................................................................................. $18,500.00 Approximate time of completion: four-six (4-6) weeks after receipt of Notice to Proceed (weather permitting) Page2 344 of 413 Item # 10Attachment #5 Page 3 of 9 City of Oakland Park Work Authorization No.: 17-CTA-ECD-WWTF CTA Proposal No.: 2017-S04.045 Brief Task Description: Wastewater Treatment Facility Aerator and Clarifier Buildings Il. ARCHITECTURAL SERVICES Task 2 Demolition Plans (To be performed by FSMY Architects) Prepare Demolition Plans and Bid Documents of the Aerator and Clarifier Buildings of the Wastewater Treatment Facility, as well as associated building. In addition, prepare Master Plan concepts for the entire site that will include the following various buildings: • • • • • Administration Building Vehicular Storage Building General Storage Building Miscellaneous (fueling facility, generator, etc.) Associated Surface Parking Scope of Services will include the following: • • • • • • • • Utilize new survey for base Demolition Drawing Coordinate with Owner on Scope of Demolition Coordinate with Owner for Bid Documents Prepare Demolition Drawings Technical Specifications (includes plan specifications) Attendance at Pre-Bid Meeting Respond to Bid RFI's Evaluation of Bids Demolition Package -Lump Sum ....................................................... $20,500.00 Task 3 Master Site Plan (To be performed by FSMY Architects) Meet with Owner to review specific scope of new facility Prepare Master Plan Schemes Review Schemes with Owner Modify Scheme based on Owner input Finalize Master Plan Master Plan Design -Lump Sum ......................................................... $9,800.00 Task 4 Construction Contract Administration (To be performed by FSMY Architects) Construction Contract Administration: hourly not to exceed $1,800. (One Thousand Eight Hundred Dollars) per month for the length of the construction time. FSMY anticipates a construction time of approximately 3 months. Hourly, Not-to-Exceed.: ........................................................................ $5,400.00 Page3 345 of 413 Item # 10Attachment #5 Page 4 of 9 City of Oakland Park Work Authorization No.: 17-CTA-ECD-WWTF CTA Proposal No.: 2017-S04.045 Brief Task Description: Wastewater Treatment Facility Aerator and Clarifier Buildings ID. ASBESTOS CONSULTING SERVICES Task 5 R.A.C.M. Inspection & Survey (To be performed by Falkanger & Snyder) Perform a Regulated Asbestos Containing Material (R.A.C.M.) inspection and survey as well as Asbestos Containing Roofing Material (A.C.R.M.) inspection at the referenced location. R.A.C.M . are those materials containing asbestos that may become "friable" (crumble by hand) during demolition. The project is located at the existing Wastewater Treatment Plant and consists of the following Buildings: • Vacuum Floatation Building (southern-most building) • Aerator Tank • Control Building • Both Clarifier Tanks • Miscellaneous structures associated Collect samples of the concrete walls and floors, Portland cement stucco, window caulking and all exterior & interior suspect materials. In addition, we will also sample Category I non- friable A.C .M. that could become friable as a result of certain demolition activities (i.e. vinyl floor tile & sheet vinyl flooring). The existing buildings total approximately 20,600 s.f. Scope of Services will include the following: • Inspection • Survey • Bulk Sampling • Report Preparation: Project Description Description of Sampling Strategy Inventory of Sampling Areas Physical assessment of ACM Laboratory findings Recommendations Lump Sum ................................................................................................ $750.00 Task 6 R.A.C.M. Sampling (To be performed by Falkanger & Snyder) R.A.C.M. sampling will be performed by an accredited lab per the USEP A. The sampling will be an allowance and based on 20 samples at $20 per sample. Allowance ............................................................................................... $400.00 IV. ENGINEERING SERVICES Task 7 General Civil Engineering (CTA Task No. 34140) Provide General Site Engineering Services as necessary for the demolition . Lump Sum ............................................................................................. $3,500.00 Page4 346 of 413 Item # 10Attachment #5 Page 5 of 9 City of Oakland Park Work Authorization No.: 17-CTA-ECD-WWTF CT A Proposal No.: 2017-S04.045 Brief Task Description: Wastewater Treatment Facility Aerator and Clarifier Buildings Task 8 Proiect Management (CTA Task No. 33020) Project management and coordination to be provided for duration of contract. Lump Sum ............................................................................................. $3,000.00 V. REIMBURSABLE EXPENSES Task 9 Reimbursable Expenses (CTA Task No. 31140) Reimbursable expenses shall include printing, mylars, copying, postage, photographic services, long distance phone calls, Federal Express and courier services. Estimated Budget .................................................................................... $250.00 INFORMATION PROVIDED BY CLIENT 1. Permit fees 2. Existing Documents, plans, details, surveys, etc. in ACAD Format 3. Civil Engineering Testing. ADDITIONAL SERVICES 1. Any additional services requested by Client not included in Scope of Services PageS 347 of 413 Item # 10Attachment #5 Page 6 of 9 City of Oakland Park Work Authorization No.: 17-CTA-ECD-WWTF CTA Proposal No.: 2017-S04.045 Brief Task Description: Wastewater Treatment Facility Aerator and Clarifier Buildings ExhibitB Work Authorization Terms All tenns and conditions shall be in confonnance with the Agreement between the City of Oakland Park and Craven Thompson and Associates, dated October I, 2012 . 1. AUTHORIZATION TO PROCEED Signing this Agreement shall be construed as authorization by the City of Oakland Park (City) for Craven Thompson and Associates (CT A) to proceed with the Services, unless otherwise provided for in this Agreement. The tenns and conditions of the October I, 2012 contract between the City, and CT A govern this Work Authorization. 2. LUMPSUM Lump sum compensation is calculated by reference to hourly schedule included in the October I, 2012 contract and estimated hours provided to the City during negotiation. Actual hourly charges by classification against the lump sum may vary from the original estimated hours based on workload demands and other factors; however, the lump sum amount of the contract will not change unless the project scope changes. 3. DIRECT EXPENSES Direct Expenses (Reimbursable) shall be those costs incurred on or directly for the City's Project, including but not limited to necessary transportation costs including mileage at current rate when its automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by CT A. 4. SCOPE CHANGES In the event that CT A believes that work outside of the scope of this contract has been requested or must be undertaken, CT A will notify the City Project Manager in writing prior to perfonning the additional work. The City and CT A will meet to address the Additional Services Request within one week of notification. If it is agreed that additional services are warranted, the City and CT A shall attempt to have the request placed on the next available City Commission agenda . CT A shall begin work after Commission approval; however, if time constraints dictate quicker action, CT A will undertake the additional work after coming to agreement with the City during the initial meeting with regards to the specific additional services. 5. COST ESTIMATES Any cost estimates provided by CT A will be on a basis of experience and judgment Since CT A has no control over market conditions or bidding procedures, CT A does not warrant that bids or ultimate construction costs will not vary from these cost estimates. 6. PROFESSIONAL STANDARDS CT A shall be responsible, to the level of competency presently maintained by other practicing professionals in the same type of work in South Florida, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Agreement. CTA makes no warranty, expressed or implied. 7. COMPENSATION SCHEDULE CT A will invoice the City on a monthly basis for services rendered the previous month. After receipt the City shall notify CT A within seven (7) days of any discrepancies or disputed items. If the invoice is acceptable, the City agrees to pay CT A within thirty (30) days of date of invoice. 8. LIMITATION OF LIABILITY CT A's liability to the City shall be based on the tenns of the October I, 2012 Contract 9. TERMINATION Either City or CT A may terminate this Agreement by giving 30 days' written notice to the other party. In such an event the City shall forthwith pay CT A in full for all work previously authorized and perfonned prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement shall be tenninated upon completion of all applicable requirements of the October I, 2012 Contract Agreement All requirements of Section 19 of the October 1, 2012 contract shall apply to this contract. 10. ASSIGNMENT TO RELATED ENTITY Requirements of Section 16, of the October I, 2012 agreement apply to this section. 11. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby 12. INFORMATION PROVIDED BY CLIENT Pennit application fees. 13. ADDITIONAL SERVICES Additional services will be performed as authorized in writing by the Client Additional services include but are not limited to the following: -Landscape Architecture services. -Utility locations. -Construction stakeout. -Expert witness testimony. -Any services required in connection with threatened or endangered species. -Services required by additional governmental regulations which might be put into effect after the date of this agreement. • Any additional services requested by Client. Page6 348 of 413 Item # 10Attachment #5 Page 7 of 9 City of Oakland Park Work Authorization No.: 17-CTA-ECD-WWTF CTA Proposal No.: 2017-S04.045 Brief Task Description: Wastewater Treatment Facility Aerator and Clarifier Buildings SCOPE OF SERVICES The scope of services is limited by the specific tenns of this proposal . Except as stated specifically herein, no other service will be provided except as "extra work", subject to the fees hereinafter set forth. The tenns hereof shall be construed in favor of the firm and all inferences and implications shall be deemed to be for the benefit of the firm . In reviewing this proposal for professional services, it should be understood that the proposal items and their corresponding fees do not necessarily represent the full scope of services required for the project. Rather, it represents our best effort to set forth those services which we believe to be those requested by you, the Client, and/or those we can determine to be needed to accomplish a particular objective. However, we recognize and we ask that the Client recognize that as a project progresses the scope of service as originally defined may change in content to include work not initially identified . Several factors will cause this to happen: I . Better understanding of the project and the Client's goals as progress on the project is made . 2. Additional requirements identified by the Client. 3. New Jaws or governmental agency requirements. As these influences occur and are identified, we will advise you of same and seek your direction as to how you wish to proceed . Work required as a result of the above will be "extra work " outside of the original scope of serv ices . Upon your direction , we will perform the work under the "Hourly Fee Schedule" section of this proposal or we can provide you with a separate proposal should the scope so indicate . 14. FEES The Fees set forth above are applicable fo r a period of six (6) months from the date of this proposal . If the work on any item to which a lump sum fee shall apply is not commenced within said period, the firm reserves the right to terminate this Agreement as it relates to said item . If the work is initiated but not concluded within said period, regardless of the reason therefore , the balance of the fee due shall be increased at the rate of one percent (I%) per month for each month the work continues until the work is complete. No prior notice of such adjustment shall be required. 15. PERMITS AND APPROVALS The permits and agency approvals mentioned above are those known to us to be required for projects of this kind, and we will apply for them as indicated . However, our experience has shown us that agencies and regulatory authorities do not always communicate new regulations and legislation properly and that the enforcement of policies can vary. The Client is therefore caut ioned that additional permits or approvals other than those presently identified may be required. Should this arise, we will notify you and respond promptly to the requirement 16 . CONSTRUCTION REQUIREMENTS At the time that the firm is authorized by you to perform professional engineering services involving design plans and permit requiring approval by governmental agencies, the firm will be required to provide certificates of compliance to those agencies with regard to the performance of certain aspects of the work , which performance will be rendered by others . It will be necessary, therefore, for the firm to perform full-time observation regarding some items and to make periodic site visits for other items to determine whether or not the improvements are in "substantial compliance" with the relevant contract documents . It shall be the City's responsibility to notify CTA of the commencement of any work so that the firm may perform the necessary inspections and observations . The amount of time required for such inspections and observations and for the completion of the applicable certifications will be dictated by the performance of the contractor. Moreover, and in addition to the required site visits, the firm must also prepare and review the as-buil t drawings during and at the end of the construction period . All of the services described in this paragraph constitute "extra work", unless otherwise specifically set forth in the "Scope of Services". The cost of providing these services is not included in the Lump Sum fee , unless specifically indicated. The firm shall not be responsible for t he quality or quantity of the work, the execution thereof, the techniques or sequences of construct ion , the safety and security of the project or the maintenance thereof. The firm is not a guarantor or insurer of the work of others and assumes no duty in connection therewith . In performing the services required of it, the firm will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the firm by virtue of the undertakings or of its performance of the service hereunder . Absent bad faith in the performance of the work hereunder, the firm shall not be liable for any damages resulting from misfeasance in the performance of any work with regard to the project No person other than you shall have the right to rely on the expertise of the firm or the performance of the matters set forth herein. The firm reserves the right to record a memorandum hereof in the public records of the County . The above stated services are the minimum level of services that the firm is obligated to perform. The firm currently provides a complete range of construction-related services which it will be happy to discuss with you at the time that your project is ready for construct ion . 17. PERMIT FEES ; APPLICATION FEES ; OUTSIDE CONSULTANT FEES The service fees set forth herein do not include the payment of governmental agency submittal fees, review fees or permit fees, or any other charges assessed by said agencies . Further, the service fees do not include the cost of serv ices provided by others. These fees shall be paid for by the Client Should our firm find it absolutely necessary to advance fees for the Client, said fees shall be reimbursed along with a service and handling fee upon receipt of the invoice for same. 18. CLIENT'S RESPONSIBILITIES I. The Client shall provide full information regarding requirements for the project including a program, which shall set forth the design objectives, constraints and expendability, special equipment and systems and site requirements. 2. The Client shall furnish the services of soil engineers or other consultants when such services are deemed necessary . Such services shall include test borings, test pits , soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistiv ity tests , including necessary operations for determining subsoil, air and water conditions, with reports and appropriate professional recommendations . 3. The Client shall furnish structural , mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents . 4. The Client shall furnish a Legal Description of the property and the appropriate Title Information . 5. The Client shall execute all permit applications. As "Permittee", or "app licant" or "holder", Owner shall be responsible for complying with the conditions of all permits issued . In particular, Client shall be responsible for the safety of the General Public during construction. Page 7 349 of 413 Item # 10Attachment #5 Page 8 of 9 City of Oakland Park Work Authorization No.: 17-CTA-ECD-WWTF CTA Proposal No.: 2017-S04.045 Brief Task Description: Wastewater Treatment Facility Aerator and Clarifier Buildings Exhibit C Preliminary Proiect Schedule DELIVERY SCHEDULE The Project as delineated in this scope of services is estimated to be completed within eight (8) months after a Notice to Proceed is issued. The following is the expected work schedule for the Project: Deliverable Schedule Task 1 3 Months from NTP Task 2 throul!h 7 8 Months from NTP Task8 As Needed Task9 As Needed Page 8 350 of 413 Item # 10Attachment #5 Page 9 of 9 I _J H •;n w 3 y1 ll J Ma j :) r Ro :1 d1 i ~ l >w n - R n ~- S ~ : l _l Cr . y U m :15 ' - 1 Z i p Ct l d e s 1 -= : 1 GR A Bo u n ·:l M l! S 1 =1 c~ n s u s T t !l l : U 1_= : 1 C :r 1 Z: > m n ~ C :i d ~s I _/ Co u n t y L M; : I U H l_ l Co m m Ac 0 r 1 1 :!a l 0 1 !1 r: :1 s I_ I Ri ! s ks .A p o r o i u l D i st ri : a 1 _! Su t 1 d 1 ~. r- : u m o • r t -= ! Su b d N . !si s , ~ !~ I St r a w t !~ P , r : • !1 l __ j t .·~a p Nu m ~ E - : !_ ! C o un t y Ei ou n :: : a r y I A e n al s 20 1 6 • ·1 ! N o Sa l e s • I I _ Se !e _<:! _ _ _ D es c n p tl o n EX H I B I T 'A ' Oa k l an d Pa r k - Ol d Wa t e r Tr e a t m e n t Pl a n t Pa r c e l • I Folio Num b er : 49 4 214000010 Owner : C ITY O F 0 AK!.AN D 'PARK Situs Address : no J3 ~t 1 2 T E R O AKcAND'PAR K' L ,,. 1 4 -4 9 -42 w 1 ,2 :o ~ NWl/4 OF eg ,., SW 1 /4 OF N E 1/4 Mmag _e.Cod e: 171 2 U SO (l ode : 91 land •Val u e : $61 7 ,1 0 0 B ui ldi ng Va l ue :$ 8 9 7 .1 2 0 0therl@Jue , 0 To l alV.,l u e : $1 ,5 1 4 ,2 20 SO H C _apped value: $ 1 ,514 ,2 2 0 H omesteild -Exe .:t $ 0 \~N o ExemP.I. A mt:· $ 0 Ot h e r · Exem g t. ~ml : 0 Ta :<ab_le. \fall.le : 0 Sale 0 ale 1 :-0 1/0 1 /.1 9 6 6 Sale Price 1 : $ 5 0 ,000 Deed T yp e 1 : W D Sale Qa l e -2 ; Sale .P.rlce -2 : 0 O eedl)'P,:e2 : 351 of 413 Item # 10Attachment #6 Page 1 of 2 Project Name: Department/Division: Project Budget: Water Design/Permitting Contingency Construction Inspections Sewer Design/Permitting Contingency Construction Inspections Stormwater Design/Permitting Contingency Construction Inspections Total Budget Funding Sources: General Fund Balance Water/Sewer Fund Balance Stormwater Fund Bal Water/Sewer Bonds Stormwater Bonds Grant Revenue Other- Total Funding Projected Operating: Utilities Maintenance Other Total Operating Costs CITY OF OAKLAND PARK CAPITAL IMPROVEMENT PROGRAM FY2017-FY2021 FINANCIAL INFORMATION Public Works Operations Maintenance Yard Improvements Public Works/Municipal Services Prior to FY FY2016-17 FY2017-18 FY2018-19 FY2019-20 FY2020-21 Total 2017 Proarammed $ 14,000 $ 6,000 $ 20,000 $ 4,000 $ 20,000 $ 24,000 $ 60,000 $ 214,000 $ 274,000 $ - $ 14,000 $ 6,000 $ 20,000 $ 4,000 $ 20,000 $ 24,000 $ 60,000 $ 214,000 $ 274,000 $ - $ 7,000 $ 3,000 $ 10,000 $ 2,000 $ 10,000 $ 12,000 $ 30,000 $ 107,000 $ 137,000 $ - $ -$ 195,000 $ 600,000 $ -$ -$ -$ 795,000 $ - $ 156,000 $ 480,000 $ 636,000 $ 39,000 $ 120,000 $ 159,000 $ - $ - $ - $ - $ -$ 195,000 $ 600,000 $ -$ -$ -$ 795,000 $ - $ - $ - $ -$ -$ -$ -$ -$ -$ - To Be Proarammed $ - $ - $ - 352 of 413 Item # 10Attachment #6 Page 2 of 2 Project Name: De artment/Division: Project Start Date: CITY OF OAKLAND PARK CAPITAL IMPROVEMENT PROGRAM FY2016 -FY2020 PROJECT INFORMATION Public Works Operations Maintenance Yard Improvements Public Works/Munid al Services Pro· ect Mana er: Manon Lobban Mar-16 Bid Award Jul-17 Construction Start Dec-16 Oct-17 Project Location/Description: Renovate the existing abondoned waste water treatment reservoirs and demolish abandoned and dilapadated waste water facility building at the City's Operation yard, located at 5100 NE 12th Terr. The remaining portions of the property could be used for offices and more organized storage. Demolishion and construction of new operation offices. Phase 1: Demolishion of dilapadated facility building and basin. Construct roof on abandoned treatment reservoirs. Phase 2: Demolish existing office and storage facilities and construct new facilities in thier place . Need. Justification. Benefit: The abandoned and deteriorating waste water facilities at the Operations yard are no longer in operation or in need of use . The two abandon waste water reservoirs could be salvage and renovated into an outside storage facility to house Public Works and Fire vehicles and equipment. Removal of the old waste water office facility would improve the appearance of the yard, as well as provide addition space on the property which could allow for other future uses. Location & Area Map Project Graphic . ,~ " Effect on Operations: Additional space for storage and potenial for more efficient use of Operation and Fire services 353 of 413 1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 861 5400 • FAX 513 861 3480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191 3152 RED HILL AVENUE, SUITE 210 • COSTA MESA, CALIFORNIA 92626 • 949-222 1082 • FAX 408 453 6191 To: Mr. David Hebert, City Manager From: Wayne Chapman, Partner Kevin Knutson, Regional Vice President Subject: City Facilities Phase I Date: March 24, 2017 The City of Oakland Park has commenced a strategic review of City operations including the redevelopment of Oakland Park’s commercial core. Because the City of Oakland Park is essentially built-out, repurposing and reusing currently developed sites is the essential path to redevelopment. One element of the review is an optimization of City facilities. Phase I of the City facilities study is a macro-level strategic analysis of facilities siting. Phase II of the study would focus on the details of facilities usage such as adequacy of space, a conditions assessment of key buildings identified, future space needs, and a formal space utilization plan. The siting analysis was based on primary research and a review of the 2010 Facilities Master Plan. The purpose of the Facilities Master Plan was to “encourage a pragmatic approach to current and future development of the City’s properties (…) with regards to future land use, the CRA Master Plan, and the recommendations of the Recreation and Parks Master Plan.” This project will build on and update the previous work. This memorandum addresses the Phase I of the project, the strategic analysis of current facilities siting. Methodology Management Partners toured current Oakland Park government facilities, met with senior managers and staff at the various sites, and reviewed past facility studies. City staff were interviewed to develop a deeper understanding of departmental operations and services provided to the public. The interviews also included discussion of any perceived shortcomings the facility had regarding operations and customer service. The information provided during the interviews was used to provide context to the strategic siting analysis. Management Partners compiled an inventory of City owned facilities (see Exhibit 1) based on the tour and information provided by City staff. The inventory included specific uses and Item # 10Attachment #7 Page 1 of 10 Management Partners 354 of 413 Page 2 organizational units housed at each facility. City staff discussed the strategic development objectives of the City. This information provided the framework for aligning the siting of City facilities to best support the strategic development objectives, as well as opportunities for realigning those facilities to better serve customers and improve efficiency. 2010 Facilities Master Plan The 2010 Facilities Master Plan conducted by Architects Design Group, Inc. provided the City with a critical evaluation of the condition of City-owned facilities. Although the City has taken steps to address short-term maintenance issues, most of the observations about the long-term viability of the structures remain true today. Key observations of the 2010 report included (see Exhibit 2 at the end of this memo for a complete list): • “The majority of the buildings are not built to current Florida Building Code and depending upon the level of renovation that may be desired, could require significant investment to upgrade to current codes.” • “Critical facilities do not meet currently recommended enhanced building requirements for survivability, or design requirements as would be mandated by current Florida Building Code.” • “All buildings surveyed, including new renovations,” do not have interior fire sprinkler systems. In addition to the older construction and some age-related maintenance issues, the report noted that “most existing City facilities do not have the effective functional area that is recommended for the operations of these functions” or departments. Our review confirms that this continues to be a significant problem for the City. The plan noted that the inventory of 67,432 square feet of available space was about 29,278 square feet lower than the estimated 96,720 square feet necessary to adequately support operations. Although this indicates that the City needed 43.4% more space in 2010, some reductions in staffing since then have helped the City continue to function within the available space. In addition, the report had a rather high population projection, which means that service demands and the need for space have not grown as quickly as originally anticipated. That said, the overcrowding observed at that time has continued, just not at the rate expected. The two most significant recommendations of the plan were to: • “Construct a new consolidated Public Works Complex for the Administration and Operations Divisions at the Municipal Services site” (at NE 5th Avenue) and • “Construct [a] new City Hall at [the] current location or future site to be determined, pending the future development and goals of the Community Redevelopment Agency.” As noted, the City implemented mitigation strategies to extend the useful life of the buildings, but the need to address these issues remains valid today. Item # 10Attachment #7 Page 2 of 10 355 of 413 Page 3 Principal City Facilities Strategic facility siting decisions are driven by many considerations, including service demands, vehicle access, equipment storage needs, and the availability of adequate space. The most important consideration is how facilities could be realigned to better serve the residents of Oakland Park. The inventory analysis and interviews with City staff resulted in a narrowing of the strategic siting analysis to: Table 1 – Principal City Facilities Facility Address City Hall Complex City Hall 3650 NE 12th Avenue Library 1298 NE 37th Street Spiher Recreation Center/Green Leaf Park 1246 NE 37th Street Municipal Building 5399 N Dixie Highway First floor – Engineering and Community Development and Fire Marshall Second floor – Broward Sheriff’s Office Public Works and Parks Facility 3801 NE 5th Avenue Public Works Administration Parks Maintenance Office Municipal Services Garage 3815 NE 5th Avenue Public Works Operations 5100 NE 12th Terrace Notes on key issues for each principal facility follows. 1. City Hall/Library Complex The City Hall/Library complex is located at 3650 NE 12th Avenue. In addition to the library, the facility contains the following functions: Commission Chambers; City Clerk; City Manager; Financial Services; Utility Billing; Community Redevelopment Agency; Human Resources and Risk Management; Information Technology Services; and Parks and Leisure Services Administration. The Spiher Community Center is also on site, providing after-school activities. The City Hall building has been repurposed from a police and fire station from when Oakland Park had its own police department. The library was constructed for its current use as a library many years ago and does not meet current standards for that purpose, nor is it large enough to support the current size of the community. The complex includes a few off-street parking lots as well as adequate on-street parking spaces. The complex is in a targeted redevelopment zone with numerous commercial buildings and uses. It should be noted that The Funky Buddha Brewery—one of the more successful redevelopment projects—is within the same general area, which could be a catalyst for further development. Item # 10Attachment #7 Page 3 of 10 356 of 413 Page 4 City staff shared some specific concerns about the facility in our interviews. The Human Resources Director cited a need for a space for employees to use for various purposes, such as group training, meetings, and a lunch or break area. She also noted that confidential interview space is limited. The Information Technology space is cramped and surplus or backup hardware and supplies for this function are stored in spaces that are not designed for such uses. The City Commission chambers is small. The room configuration dictates an audio-visual arrangement that is difficult for commission members as well as citizens in attendance to view comfortably. Even with planned upgrades, the room capacity and configuration is not optimal for public participation. These shortcomings are not correctable in the current building due to its original design, as well as capacity constraints. Additionally, the potential need for major system renovations, such as a new roof or HVAC system could trigger required life safety upgrades that would increase the costs associated with the repairs. The 2010 Facilities Master Plan noted the following issues: • The building lacks a fire sprinkler system. • It is not a hardened structure and pre-dates current code requirements, in relation to wind load criteria. • Former jail cells of solid masonry construction limit the ability for interior remodeling. • The generator room is not large enough for the installation of a new generator of appropriate capacity, and related equipment. (This has been mitigated in emergencies through an exterior plug-in capacity.) 2. Municipal Building The Municipal Building is located at 5399 North Dixie Highway. Originally constructed in 1974 as a medical office building located near a large regional hospital and medical services facility, it was purchased by the City in 2007. Major renovations were made to adapt the facility for the City’s needs, which were completed in 2009. The first floor houses the Engineering and Community Development Department (ECD), including Planning, Engineering, Building and Permitting, and Community Enhancement. The Fire Marshall and Fire Prevention unit is also located on the first floor of the building. There is a total of 35 full-time and up to 10 contract staff assigned to the first floor of this building. Certain areas of the first floor are dysfunctional in their current configuration. The existing first floor operations need additional space for both employees and support functions, including client meeting areas and storage. The Building plans review and permit divisions, located at this facility, will be fully digitized within two years. The Broward County Sheriff’s Office (BSO) provides police services to Oakland Park and is located on the second floor of the facility. There were no space shortcomings cited by BSO staff, although they did mention that the building’s location near the edge of the City is not ideal. Item # 10Attachment #7 Page 4 of 10 357 of 413 Page 5 On-site parking at the site is not customer-friendly, especially on days when plan reviews and permitting services are provided. Employee parking for ECD staff and City vehicles is limited on-site. BSO staff parking is also constricted. During our site visit the parking constraints were apparent as BSO vehicles were parked in spaces designated for other uses or in some cases parked in ways that blocked other vehicles. 3. Public Works Administration/Fleet Services Center This facility is located at 3801 NE 5th Avenue. The complex is home to the Public Works Administration Unit and Fleet Services. The Solid Waste Collection service operates from this location as well, as do the Parks and Leisure Services maintenance crews. The complex has ample space for fleet maintenance activities as well as for solid waste collection packers and parks service vehicles. It is located adjacent to both Wimberly Fields Park and Stevens Field Park; and near Dillon Tennis Center, Collins Community Center, and Fire Station 9. The buildings are single-story facilities constructed in a long, linear fashion. The site and buildings were previously used as warehouse space. The department’s administrative functions are in a separate building at a different site than the operations facility. This separation impedes the efficient flow of communications and administrative oversight. 4. Public Works Operations This facility is located at 5100 NE 12th Terrace. The facility was originally constructed as a wastewater treatment plant that has since been decommissioned. Portions of the former facility house maintenance crews for water, stormwater, streets, and wastewater as well as the administrative support staff for these functions. The site also includes a large outdoor area that is not built and is used to store surplus supplies. Because the Public Works Operations Complex site is a converted wastewater facility, offices are housed in a converted garage and maintenance facility. A leased trailer serves as a lunch area. The current office facilities are not adequate for sound management practices. Strategic Siting Considerations and Recommendations Strategic facility siting is driven by the considerations described above. The most important consideration is how facilities could be realigned to better serve the residents of Oakland Park and lead to increased efficiency. Strategic siting should accommodate consideration of the highest and best use of land and also take into account the City’s redevelopment vision and objectives. Recommendation 1: Consolidate City administrative services at a single site. From a customer service aspect, having a single site that residents can go to for most if not all regulatory and customer services is ideal. We have already noted some of the customer services Item # 10Attachment #7 Page 5 of 10 358 of 413 Page 6 drawbacks to the current Municipal Building. In addition, work spaces are constricted and not conducive to efficient and effective customer service. There are shortcomings to City Hall’s accommodations, including a small and less than functional City Commission meeting space, inappropriate human resources intake and interview spaces, dysfunctional storage space, crowded information technology space and other conditions. City Hall is located on land that would be highly desirable for redevelopment. Consolidating administrative departments of the City at a single new site would provide an opportunity for improved service to residents, provide better work spaces for employees, enable efficiency through appropriate colocation of staff, and free up land for the highest and best use. Relocating ECD staff from the Municipal Building to a single City administrative building could also enable another potential service improvement. With ECD staff in a different location, the City-owned building currently housing ECD could be used to house other City services or could be leased to generate revenue. If this option was implemented, the current City Hall and associated buildings could generate revenue by selling or leasing the property to help support relocation costs. Likewise, the current cost to operate and maintain the facility is likely higher than a new facility would be, providing additional cost recovery. Additional analysis should be done to determine space needs and potential locations for a consolidated facility. Recommendation 2: Centralize Public Works Administration, Fleet Services and Solid Waste operations at the Public Works Operations Complex and build a new appropriate building. The Public Works functions at the NE 5th Avenue site, although adequate, are co-located with the maintenance functions of Parks and Leisure Services and apart from the Public Works Operations complex. As a solid waste collection marshalling yard, it is not appropriately sited as it is adjacent to the City’s main recreational facility, and detracts from the enjoyment and attractiveness of that use. In addition, it is not optimized for travel or vehicle storage for waste collection services. The Public Works Operations complex is located at 5100 NE 12th Terrace and has a host of shortcomings. Consolidating all Public Works and Parks maintenance functions in a single new purpose built facility on the current operations site would provide the appropriate support for the functions of the City that are the most apparent and important to the residents and businesses of Oakland Park. It would also remove the waste collection marshalling yard from the City’s primary and Item # 10Attachment #7 Page 6 of 10 359 of 413 Page 7 most heavily used recreation complex, freeing up the existing buildings and land for sale or lease. Further review of the Public Works Operations Facility would be needed. Conclusion Oakland Park, which is essentially built-out, has embarked on a process of redevelopment. The City is wisely considering how to optimize its facilities to accommodate redevelopment as well as improve service to its residents. This memorandum sets forth considerations and recommendations for strategically siting facilities, which is the first phase of a complete study of City facilities. The options presented better align city services for improved customer service and more efficient administration. Item # 10Attachment #7 Page 7 of 10 360 of 413 Page 8 Exhibit 1 — City Facilities The analysis began with a review of the inventory of City-owned facilities based on information provided by staff. City-owned facilities can be summarized as follows: Table 2 – City Facilities Facility Address Building Square Feet Property Acreage City Hall 3650 NE 12th Avenue 14,120 0.78 Municipal Building 5399 N Dixie Highway 30,858 1.83 Building leased to Broward 211 250 NE 33rd Street 5,920 1.14 Building leased to Singing Sons 1229 NE 37th Street 3,812 0.13 Building leased to Big Dog Saloon 2901 E Oakland Park Blvd 1,400 — Vacant Lot Dixie and NE 38th Street — 2.46 Fire Station #87 2100 NW 39th Street 7,699 1.20 Fire Station #9 301 NE 38th Street 6,750 — Fire Station #20 4721 NW 9th Avenue 5,100 0.38 Public Works and Parks Facility 3801 NE 5th Avenue 3,172 3.46 Municipal Services Garage 3815 NE 5th Avenue 4,844 — Public Works Operations 5100 NE 12th Terrace 2,025 5.00 Collins Community Center 3900 NE 3rd Avenue 6,942 1.55 Wimberly Fields 4000 NE 3rd Avenue 619 8.60 Dillon Tennis Center 4091 NE 5th Avenue 321 2.49 Stevens Fieldhouse 3881 NE 6th Avenue 1,782 3.95 Pioneer House 3860 NE 6th Avenue 600 0.28 Carter Woodson Park 3490 NE 3rd Avenue 200 1.87 Spiher Recreation Center 1246 NE 37th Street 4,386 1.15 Library 1298 NE 37th Street 13,471 0.55 Jaco Pastorius Community Center 1098 NE 40th Court 5,480 0.30 L-Shaped Building 1101 NE 40th Court 13,000 0.80 NAG Community Center A 250 NE 56th Court 1,750 1.09 NAG Community Center B 250 NE 56th Court 3,285 — Nature Trail (leased from Broward County Schools) 1401 NW 38th Street — 5.50 Royal Palm Park Pavilion 4100 NW 17th Avenue 637 33.68 Royal Palm Park Restrooms 1701 NW 38th Street 500 — Dog Park 931 NW 38th Street 500 2.26 Lakeside Sandpine Preserve 2820 NW 27th Avenue 400 5.62 Parking Lot West Prospect Road at Andrews Avenue — 1.50 Parking Lot East Prospect Road at Andrews Avenue — 1.40 Parking Lot 3900 NE 6th Avenue — 0.61 There is an ongoing operational study of the fire department. Should there be a need to review the fire stations listed above, they will be included in a future phase of the facilities review. Item # 10Attachment #7 Page 8 of 10 361 of 413 Page 9 Exhibit 2 — Detail of Observations and Recommendations from the 2010 Facilities Master Plan The city facilities surveyed under the scope of this study are of varying age and condition, and many can be generally characterized as having been extended beyond their useful life with only minimal renovation and routine maintenance. Most of the existing buildings were originally constructed 20-40 years ago often for entirely different functional purposes, and subsequently have undergone a series of modifications and “piece-meal” additions that have tended to compromise their functionality. Significant issues that were observed are noted as follows: 1. As indicated by their age, the majority of the buildings are not built to current Florida Building Code and depending upon the level of renovation that may be desired, could require significant investment to upgrade to current codes. This factor alone may substantiate that the construction of a new facility is more economically feasible. 2. Although the City is implementing a plan, all buildings are observed to be non-ADA compliant to varying degrees, failing to meet either Federal or State ADA requirements for accessibility. 3. Critical facilities do not meet currently recommended enhanced building requirements for survivability, or design requirements as would be mandated by current Florida Building Code. 4. All buildings surveyed, including new renovations, are unsprinklered. State Life Safety Codes, such as NFPA 1, could mandate the retrofit of certain facilities with sprinkler systems, particularly if undergoing a renovation. 5. Facilities are overcrowded, with equipment and storage boxes compromising functional work areas and in some instances, stored in egress paths, a violation of life safety codes. 6. There are visible signs of moisture penetration in several buildings as a result of leaks, inappropriate construction, or deferred maintenance. 7. Many facilities have poorly sealed windows and doors, the source of significant heat and moisture gains and conditioned air loss. In summary, many of the existing structures, accommodating critically important functions, are substandard and non-compliant with current codes. Their continued utilization, in their present condition poses specific risks to the City. The aim of the Facilities Master Plan and Capital Improvement Program (C.I.P.) is to permit and encourage a pragmatic approach to current and future development of the City’s properties. In addition to factors previously discussed regarding space needs and the assessment of facility conditions, the proposed future development of properties has been considered with regards to Future Land Use, the CRA Master Plan, and the recommendations of the Recreation and Parks Master Plan, adopted October 2009. The Facilities Master Plan is guided in the near term (5-year horizon) by one of the City’s seven “Strategic Performance Areas:” Financial Stability and Sustainability. The annual operations and maintenance budget is impacted both by the quantity of facilities, as well as the condition Item # 10Attachment #7 Page 9 of 10 362 of 413 Page 10 of those facilities. Guiding the recommendations in this Plan is the premise of a “sustainable, consolidated, fiscally conservative” approach to managing the City’s facility needs. The “Near Term Plan” also borrows from the City’s overall business plan strategy to “reshape, automate, resize for excellence” (R.A.R.E.). The operations and maintenance costs of the existing facilities inventory may be mitigated in 4 ways: 1. consolidate personnel and services at appropriate facilities to reduce the citywide facility area 2. vacate and cease maintenance of under-utilized and defunct facilities which have exceeded their useful life 3. sell or lease viable properties, and/or maintain properties at nominal operational expense to old for future development 4. upgrade and repair facilities which will be utilized into the foreseeable future, to reduce annual maintenance expenditures and operation costs These strategies are a primary consideration in the proposed Development Alternatives for many of the City properties. For some properties, long-term goals and objectives are of more significance, and may include the master planning and redevelopment of properties with expanded or new facilities. Importantly, these long range “master plans” also serve to guide the decisions related to investing in interim renovations. Item # 10Attachment #7 Page 10 of 10 363 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 11 MEETING DATE: 6/7/2017 PREPARED BY: Kathleen S. Margoles Community and Economic Development Director DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: Reallocation of 42nd Year Community Development Block Grant Funds 1. BACKGROUND/HISTORY Due to lack of time, this item was moved from the May 17, 2017, Commission meeting to the June 7, 2017, meeting for Commission consideration. Issue Statement: On December 16, 2015, the City Commission approved the application of two projects to be funded under the Community Development Block Grant (CDBG) 42nd Year Cycle. Subsequently on January 18, 2017, the City Commission approved a request to reallocate this funding to the South Anchor Plaza project. The City/CRA is requesting that the $171,068 award for the South Anchor Plaza be changed to provide funds for the construction of a parking lot located on City owned property at 3399 N. Dixie Highway and 3300 NE 11th Avenue to address recommendations made by the Mobility Study. Recommended Action: The City Commission authorize a request to Broward County to reallocate the 42nd Year CDBG funds to the construction of a parking lot located on City owned property at 3399 N. Dixie Highway and 3300 NE 11th Avenue. Annually, Broward County requests that the City submit an application for the Federal CDBG funds distributed to non-entitlement Cities. The allocation to Oakland Park has been $186,068 for several years. The funds can be requested for public infrastructure projects and public service programs, not to exceed $30,000. At the December 16, 2015 City Commission meeting, the City Commission authorized the 42nd Year application for two public service grants of $15,000 each to Light of the World Clinic and Junior Achievement of South Florida, and for the South Anchor Parking Lot, a public infrastructure project. The South Anchor Parking Lot funding request was for $156,068. In December 2016, staff was informed by the County that Junior Achievement could not Item # 11 364 of 413 accept the funds so a request had to be made to reallocate that $15,000. In addition, staff requested a scope change of the public infrastructure project to the South Plaza, located where the South Anchor Parking Lot was previously located. At the January 18, 2017 meeting, the City Commission authorized the reallocation of these funds to the South Plaza, as shown in the attached resolution. 2. CURRENT ACTIVITY In February 2017, the Downtown Mobility Plan was presented to the City Commission/Community Redevelopment Agency Board. The need for additional surface parking to spur redevelopment, particularly on the west side of North Dixie, was a key recommendation. Staff is recommending the City reallocate the 42nd Year CDBG funds of $171,068 to the construction of a parking lot on City owned property at 3399 N. Dixie Highway and 3300 NE 11th Avenue. The design of the parking lot is underway. 3. FINANCIAL IMPACT Reallocation of the CDBG funds will provide grant funds of $171,068 for construction of the parking lot. 4. RECOMMENDATION Staff recommends that the City Commission authorize the City Manager to request a reallocation of the 42nd Year CDBG funds of $171,068 to construction of a parking lot on City owned property at 3399 N. Dixie Highway and 3300 NE 11th Avenue and authorize the City Manager to execute the agreement upon Broward County Board of Commissioners approval. ATTACHMENTS: Descr ipt ion Resolution 42nd Year Original Item - December 16, 2015 January 18, 2017 Agenda Item and Resolution Parking Lot Location Item # 11 365 of 413 Page 1 of 2 RESOLUTION NO. R-2017-XXX 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 3 OF OAKLAND PARK, FLORIDA, APPROVING AND 4 AUTHORIZING THE CITY MANAGER TO REQUEST A 5 REALLOCATION OF THE 42ND YEAR CDBG FUNDS OF 6 $171,068 TO THE CONSTRUCTION OF A PARKING LOT 7 LOCATED ON CITY OWNED PROPERTY AT 3399 N. DIXIE 8 HIGHWAY AND 3300 NE 11TH AVENUE AND AUTHORIZE 9 THE CITY MANAGER TO EXECUTE THE APPROPRIATE 10 AGREEMENT UPON BROWARD COUNTY BOARD OF 11 COMMISSIONERS APPROVAL OF THE REALLOCATION; 12 PROVIDING FOR CONFLICTS; PROVIDING FOR 13 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission deems it to be in the best interests of the 16 City to approve and authorize the City Manager to request a reallocation of the 42nd 17 Year CDBG funds of $171,068 to the construction of a parking lot located on City 18 owned property at 3399 N. Dixie Highway and 3300 NE 11th Avenue and authorize 19 the City Manager to execute the agreement upon Broward County Board of 20 Commissioners approval. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 24 25 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 26 hereby ratified and confirmed by the City Commission. All exhibits attached hereto 27 are hereby incorporated herein. 28 29 SECTION 2. The City Commission of the City of Oakland Park, Florida, 30 hereby approves and authorizes the City Manager to request a reallocation of the 42nd 31 Year CDBG funds of $171,068 to the construction of a parking lot located on City 32 owned property at 3399 N. Dixie Highway and 3300 NE 11th Avenue and authorize 33 the City Manager to execute the appropriate agreement upon Broward County Board of 34 Commissioners approval of the reallocation. 35 36 SECTION 3. The appropriate City officials are authorized and directed to 37 execute the necessary documents to comply with this Resolution. 38 39 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be 40 and the same are repealed to the extent of such conflict. 41 42 Item # 11Attachment #1 Page 1 of 2 366 of 413 Page 2 of 2 SECTION 5. If any clause, section or other part of this Resolution shall be 1 held by any court of competent jurisdiction to be unconstitutional or invalid, such 2 unconstitutional or invalid part shall be considered eliminated and will in no way affect 3 the validity of the other provisions of this Resolution. 4 5 SECTION 6. This Resolution shall become effective immediately upon its 6 passage and adoption. 7 8 9 ADOPTED by the City Commission of the City of Oakland Park, Florida this 7th, day 10 of June, 2017. 11 12 13 14 15 CITY OF OAKLAND PARK, FLORIDA 16 17 18 ___________________________________ 19 MAYOR JOHN ADORNATO III 20 21 T. LONERGAN _____ 22 S. GUEVREKIAN _____ 23 M. SPARKS _____ 24 M. CARN _____ 25 J. ADORNATO _____ 26 27 28 29 30 31 ATTEST: 32 33 34 RENEE M. SHROUT, CMC 35 CITY CLERK 36 37 Item # 11Attachment #1 Page 2 of 2 367 of 413 Item # 11Attachment #2 Page 1 of 7 CITY OF OAKLAND PARK, FLORIDA CITY COMMISSION AGENDA ITEM REPORT AGENDA ITEM No.1 MEETING DATE: 12/16/2015 PREPARED Kathleen S. Margo I es BY: Community and Economic Development Director DEPARTMENT HEAD APPROVAL: SUBJECT: 42nd Year Community Development Block Grant (CDBG) 1. BACKGROUND/HISTORY CITY MANAGER The City received notification by the Broward County Housing Finance & Community Development Division for the 42 nd Program Year (October 2016- September 2017) allocation of approximately $186,068 in CDBG funding. The U.S. Department of Housing and Urban Development (HUD) awards grant funding through the Community Development Block Grant (CDBG) Program. In order to qualify for CDBG funding, the City is required to advertise for proposals and hold two public hearings prior to submitting a funding application to Broward County by their deadline of December 21, 2015. The City will be submitting a CDBG funding application for a public infrastructure project. In addition, the City has the option to submit projects for public service. The funding for public service projects can be used to fund projects for non-profit organizations, but is not a requirement that these projects be submitted. The City published a Notice of Public Hearing on November 8, 2015 requesting proposals from non-profit organizations serving the residents of Oakland Park seeking to be funded through the CDBG Program. An initial public hearing was held on November 18, 2015. A second public hearing is scheduled for the December 16, 2015 meeting. After the second public hearing is conducted, it is recommended that the City Commission submit to the County its selected funding allocations for inclusion in the 42nd year CDBG grant application. 2. CURRENT ACTIVITY Staff held the first public hearing/workshop on November 18, 2015, to discuss the 42nd Year CDBG Program funding cycle and allocation of funding for both municipal and non- profit organization projects. Twenty non-profit organizations attended the meeting. An additional five requested information on the funding opportunity. Nonprofits were given the opportunity to discuss the application process, eligibility requirements and proposed projects. Citizens were given equal opportunity for input. At the meeting, staff presented their plans to apply the municipal portion for the construction of the South Anchor Parking Lot located on City owned property on Oakland Park Boulevard, east of Main Street. 28 of 545 Cover Memo ltem#1 368 of 413 Item # 11Attachment #2 Page 2 of 7 Non-profit organizations certified as 501(c)(3) having projects which fall within HUD mandated guidelines (providing services to at least 51 % low or moderate income clientele) may be granted a portion of the CDBG funding by the City Commission. Non- profit organizations previously submitting funding requests, as well as those requesting to be included were notified by both Broward County, through their Public Workshop held on November 4, 2015 and an advertisement published by the City in the Sun-Sentinel on November 8, 2015. These efforts advised of the available CDBG funding and asked that proposals be submitted for the 42nd Year CDBG funding cycle. At the request of the City, United Way and the Florida Association of Non-profit Organizations also sent out email blasts regarding the available funding. The minimum CDBG allocation for each project is $15,000 per Broward County and no more than 15% of the total funding allocation, or $30,000 is available for the Public Service category. Upon notification of such award by the City, the City application, together with the two non-profit organization applications, will be submitted to Broward County for review and approval. Thereafter, the responsibility of reporting to the County lies with those organizations awarded grants. The Broward County Housing Finance & Community Development Division requires a resolution authorizing the submission of the 42nd Year application. Three non-profit organizations submitted grant applications in accordance with the City's 42nd Year CDBG grant application process. They are: Luz Del Mundo-Light of the World Clinic for their Indigent Health Care and Prevention Outreach Program 2016-2017 requested $15,000. (Last year's program provided services to 87 unduplicated Oakland Park residents. These OP residents received over 436 MD/Patient Visits which was 19% of the Clinic's visits for the year.) Junior Achievement of South Florida for their JABiz Town serving one hundred and forty (140) North Andrews Gardens and eighty six (86) Oakland Park Elementary students requested $15,772. They would provide training in personal financial literacy and entrepreneurial lessons for 5th graders. Center for Independent Living of Broward for their Housing Response to Independence Project for fifty (50) disabled Oakland Park residents requested $19,946. They would expose consumers with disabilities to resources to procure quality rental properties, understand housing alternatives, build self-advocacy and personal support skills. 3. ATTACHMENTS Resolution 42nd Year City Application Map of City Project Lightofthe World Application Center for Independent Living Application Junior Achievement Application 42nd Year CDBG Ad CDBGmemol CDBGnonprofitapplicants nonprofitapplicantschart 29 of 545 Cover Memo Item# 1 369 of 413 Item # 11Attachment #2 Page 3 of 7 4. FINANCIAL IMPACT The total funding available to the City is $186,068 for the FY17 construction of the South Anchor Parking Lot Project and any nonprofit organization funding approved by the City Commission. 5. RECOMMENDATION 1. It is recommended that the City Commission discuss funding allocations for non-profit organizations (maximum of two at an amount not to exceed $15,000 each), and approve the remainder of the funding of the 42 nd Year CDBG allocation to be available for the construction of the South Anchor Parking Lot. 2. Adopt the resolution authorizing the proper City Officials to execute appropriate documents to submit the 42 nd Year Community Development Block Grant (CDBG) application to Broward County and subsequently to accept HUD's final appropriated grant funding on behalf of the City. 30 of 545 Cover Memo ltem#1 370 of 413 Item # 11Attachment #2 Page 4 of 7 31 of 545 1 RESOLUTION NO. R-2015-:XXX 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF OAKLAND PARK, FLORIDA, APPROVING AND 5 AUTHORIZING THE PROPER CITY OFFICIALS TO 6 EXECUTE THE 42nd YEAR COMMUNITY DEVELOPMENT 7 BLOCK GRANT (CDBG) PROGRAM APPLICATION; 8 PROVIDING FOR CONFLICTS; PROVIDING FOR 9 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City Commission deems it to be in the best interests of the 13 City to approve and authorize the proper city officials to execute the 42nd Year 14 Community Development Block Grant (CDBG) Program Application. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 17 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 18 19 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 20 hereby ratified and confirmed by the City Commission. All exhibits attached hereto are 21 hereby incorporated herein. 22 23 SECTION 2. The City Commission of the City of Oakland Park, Florida, 24 hereby approves and authorizes the proper city officials to execute the documents for 25 the 42nd Year Community Development Block Grant application to Broward County 26 and accept the grant funding on behalf of the City. 27 28 SECTION 3. The appropriate City officials are authorized and directed to 29 execute the necessary documents to comply with this Resolution. 30 31 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be 32 and the same are repealed to the extent of such conflict. 33 Page 1 of2 Attachment #1 Page 1 of 2 ltem#1 371 of 413 Item # 11Attachment #2 Page 5 of 7 32 of 545 1 SECTION 5. If any clause, section or other part of this Resolution shall be 2 held by any court of competent jurisdiction to be unconstitutional or invalid, such 3 unconstitutional or invalid part shall be considered eliminated and will in no way affect 4 the validity of the other provisions of this Resolution. 5 6 SECTION 6. This Resolution shall become effective immediately upon its 7 passage and adoption. 8 9 10 ADOPTED by the City Commission of the City of Oakland Park, Florida this 11 16th, day of December, 2015. 12 13 14 15 CITY OF OAKLAND PARK, FLORIDA 16 17 18 19 MAYOR TIM LONERGAN 20 21 22 23 J. ADORNATO 24 S. GUEVREKIAN 25 J. SHANK 26 M.CARN 27 T. LONERGAN 28 29 30 31 32 ATTEST: 33 34 35 RENEE M. SHROUT, CMC 36 CITY CLERK Page 2 of2 Attachment #1 Page 2 of 2 Item# 1 372 of 413 Item # 11Attachment #2 Page 6 of 7 City of Oakland Park City Commission Meeting I Presentations-Ken Resor retirement MINUTES December 16, 2015 Page 2 Mayor Lonergan and City Manager Hebert presented Mr. Resor with a plaque commemorating his service to the city. BEAUTIFICATION AW ARD -COMMERCIAL HASTE BUILDING -4007 NE 6 A VENUE. OWNER: JOHN HASTE Charles Livio, City Horticulturist, presented the award to Mr. Haste. ADDITIONAL LANDSCAPE AND DECORATIVE LIGHTING FOR PARK LANE PHASE WEST (FROM PO WERLINE ROAD TO ROY ALP ARK DRIVE) Harris Hamid, Director of Engineering and Community Development, and Ron Desbrunes, Project Manager, provided a presentation. The commission was pleased with staffs efforts to work with the community and other government entities to make this project successful. Vice Mayor Adomato wanted to ensure that low-maintenance landscaping was used. Commissioner Guevrekian requested improvement underneath the FOOT overpass. Mayor Shank suggested contacting the city's lobbyists to reach out to state officials to influence FDOT's prohibitions against the city adding landscaping to the underpass area. I Public Hearings 1. 42ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - ADVERTISING FOR THIS PUBLIC HEARING APPEARED IN THE SUN- SENTINEL NOVEMBER 8 2015. Kathleen Margoles, Economic and Community Development Director, provided a staff presentation. The Public hearing was held as advertised. Diane Wendt -1745 NW 36 Court -She discussed cost issues with proposed parking lot and requested an improved plan or parking garage. Sandy Lazono Berry -Director of Light of the World Clinic at 5333 N. Dixie Highway, Suite 201 -She thanked Oakland Park for all their support throughout the years. She reminded everyone that Light of the World Clinic was volunteer-based and provided health services to the public. She reported that 20% of their clinic patients were Oakland Park residents and this year they had 436 doctor/patient visits. She asked the city to continue its support. Laura Sallarulo, President and CEO of Junior Achievement South Florida at 5631 NE 16 Terrace -She said this was the first time they had applied for CDBG funds from Oakland Park. She discussed the benefits of the program and invited commission members to take a tour. 373 of 413 Item # 11Attachment #2 Page 7 of 7 City of Oakland Park City Commission Meeting MINUTES December 16, 2015 Page 3 After discussion, Vice Mayor Adomato moved to provide $15,000 to Light of the World, $15,000 to Junior Achievement and dedicate the balance to the parking lot. Commissioner Shank seconded the motion, which prevailed by the following vote: YES: Commissioner Shank, Vice Mayor Adomato, Commissioner Carn, Mayor Lonergan NO: Commissioner Guevrekian The resolution, as adopted, carried the following title: RESOLUTION R-2015-154 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKLAND PARK, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE 42nd YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. I Ordinances on First Reading I 2. CITY COMMISSION TERMS. Commissioner Shank abstained as he felt this created a potential conflict of interest. Commissioner Guevrekian moved to pass the ordinance on first reading. Commissioner Carn seconded the motion, which prevailed by the following vote: YES: Vice Mayor Adomato, Commissioner Guevrekian, Commissioner Cam, Mayor Lonergan ABSTAIN: Commissioner Shank The ordinance, as adopted, carried the following title: AN ORDINANCE OF THE CITY OF OAKLAND PARK, FLORIDA EVIDENCING THE PUBLIC INTENT AND PURPOSE OF ARTICLE II, SECTION 2.02 (d) OF THE CITY'S CHARTER; PROVIDING CLARIFICATION OF SECTION 2.02 ( d) OF THE CITY'S CHARTER DESCRIBING THE EFFECT OF TERM LIMITATIONS ON MEMBERS OF THE CITY COMMISSION CURRENTLY SERVING AS ELECTED COMMISSIONERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Note: CRA MEETING -The city commission meeting recessed at 8:13 for the CRA meeting and reconvened at 8:33 p.m. 374 of 413 Item # 11Attachment #3 Page 1 of 3 Coversheet PREPARED BY: CITY OF OAKLAND PARK, FLORIDA CITY COMMISSION AGENDA ITEM REPORT Kathleen S. Margoles Community and Economic Development Director AGENDA ITEM No.~ MEETING DATE: 1/18/2017 DEPARTMENT HEAD APPROVAL: CITY MANAGER SUBJECT: Reallocation of 42nd Year CDBG Funding 1. BACKGROUND/HISTORY Page 1 of 1 Issue Statement: Two of the projects recommended for funding for the CDBG 42 nd Year require a request to reallocate funds. Junior Achievement declined the award of $15,000 due to the reporting requirements. The City/CRA is also requesting the $156,068 award for the South Anchor Parking Lot be changed to provide funds for the construction of the South End Plaza. Recommended Solution: The City Commission authorize a request to Broward County to reallocate the 42 nd Year CDBG funds to the South Plaza located on City owned property north of Oakland Park Boulevard and east of Main Street. 2. CURRENT ACTIVITY Placemaking is an essential component to successful cities, especially downtowns. In November 2016, the Jaco Grand Plaza at the south end of Jaco Pastorius Park was completed. The plaza and fountain have created a fantastic entry to Jaco Park, enhancing the park and event experience and linking the park with downtown. In 2016, the City was awarded a $500,000 grant from the Florida Cultural Division for the Main Street Cultural Facility. The facility includes the Jaco Grand Plaza, a sound system along Main Street and the South End Plaza. The City contracted with Craven, Thompson and Associates for a design of the South End Plaza and a fountain. At the December 14, 2016 meeting, the City Commission authorized staff to apply for 43 rd Year CDBG funding of$156,068 for the South End Plaza. That application is completed and waiting for the County to announce a submission date. The Commission also requested verification from the County that the City could reallocate the nonprofit award to a public infrastructure project. County Staff responded that the reallocation was permitted. 3. FINANCIAL IMPACT Reallocation of the CDBG funds does not have financial impact but the additional grant funds of $15,000 that was initially allocated for Junior Achievement does provide additional funds for t~e South Plaza Project. 4. RECOMMENDATION Staff recommends that the City Commission authorize the City Manager to request a reallocation of the 42 nd Year CDBG funds of $171,068 to the South Plaza Project and authorize the City Manager to execute the agreement upon Broward County Board of Commissioners approval. ATTACHMENTS: 42nd Year CDBG Project Agenda Item Conceptual -Plaza https :/ I oaklandpark.novusagenda.com/ agendapublic/Coversheet.aspx?itemid=6120&meetin... 5/9/2017 375 of 413 Item # 11Attachment #3 Page 2 of 3 1 2 RESOLUTION NO. R-2017-004 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 5 OF OAKLAND PARK, FLORIDA, APPROVING AND 6 AUTHORIZING THE CITY MANAGER TO REQUEST A 7 REALLOCATION OF THE 42ND YEAR CDBG FUNDS OF 8 $171,068 TO THE SOUTH PLAZA PROJECT AND AUTHORIZE 9 THE CITY MANAGER TO EXECUTE THE APPROPRIATE 10 AGREEMENT UPON BROWARD COUNTY BOARD OF 11 COMMISSIONERS APPROVAL OF THE REALLOCATION; 12 PROVIDING FOR CONFLICTS; PROVIDING FOR 13 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission deems it to be in the best interests of the 16 City to approve and authorize the City Manager to request a reallocation of the 42nd 17 Year CDBG funds of $171,068 to the South Plaza Project and authorize the City 18 Manager to execute the agreement upon Broward County Board of Commissioners 19 approval. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 23 24 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and 25 hereby ratified and confirmed by the City Commission. All exhibits attached hereto 26 are hereby incorporated herein. 27 28 SECTION 2. The City Commission of the City of Oakland Park, Florida, 29 hereby approves and authorizes the City Manager to request a reallocation of the 42nd 30 Year CDBG funds of $171,068 to the South Plaza Project and authorize the City 31 Manager to execute the appropriate agreement upon Broward County Board of 32 Commissioners approval of the reallocation. 33 34 SECTION 3. The appropriate City officials are authorized and directed to 35 execute the necessary documents to comply with this Resolution. 36 37 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be 38 and the same are repealed to the extent of such conflict. 39 40 SECTION 5. If any clause, section or other part of this Resolution shall be 41 held by any court of competent jurisdiction to be unconstitutional or invalid, such 42 unconstitutional or invalid part shall be considered eliminated and will in no way affect 43 the validity of the other provisions of this Resolution. 44 {00166153.1 1869-0101480} Page 1 of2 376 of 413 Item # 11Attachment #3 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 6. This Resolution shall become effective immediately upon its passage and adoption. ADOPTED by the City Commission of the City of Oakland Park, Florida this 18th day of January 2017. EE M. SHROUT, CMC CITY CLERK (00166153.1 1869-0101480} T.LONERGAN S. GUEVREKIAN M. SPARKS M.CARN J.ADORNATO Page 2 of2 _TI§_ YES YES YES YES 377 of 413 3300 NE 11 Ave. 3399 N Dixie Hwy 3300 NE 11 Ave & 3399 N Dixie Hwy Item # 11Attachment #4 Page 1 of 1 378 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 12 MEETING DATE: 6/7/2017 PREPARED BY: Lori I Day Director, Human Resources and Administrative Services DEPARTMENT HEAD APPROVAL: HUMAN RESOURCES SUBJECT: City Manager Annual Review 1. BACKGROUND/HISTORY On August 28, 2014, the City Commission appointed David Hebert City Manager and subsequently, on September 10, 2014, the Employment Agreement (Agreement) was approved and included under section 3.1, a requirement for an annual review. On October 21, 2015, the Commission approved the First Amendment to the Employment Agreement. On July 6, 2016, Commission approved the Second Amendment to the Agreement. 2. CURRENT ACTIVITY Upon review of the City Manager's Employment Agreement, it was noted that the City Manager's Paid Time Off (PTO) accrual (Agreement Section 10.0 Additional Benefits) provides: Relative to Paid Time Off (PTO), the City Manager shall receive the equivalent of 160 hours off for the first year of his employment. (emphasis added). Since the initial agreement, PTO has continued to accrue each year at 160 hours. For all other city employees, PTO increases based on number of years of service with the City. At present the City Manager accrues fewer PTO hours than any other city employee who has been employed with the city for at least two years. For reference, City Manager John Stunson was accruing 296 hours annually prior to his retirement. Also, according to a 2016 survey, conducted by the City of Fort Lauderdale HR department, the average number of PTO hours accrued annually by Broward County city managers is approximately 269. Item # 12 379 of 413 3. FINANCIAL IMPACT 4. RECOMMENDATION City Commission Discussion and Direction ATTACHMENTS: Descr ipt ion CM Employment Agreement Item # 12 380 of 413 Item # 12Attachment #1 Page 1 of 12 AGREEMENT THIS AGREEMENT made and entered into this~ day of&L,~14, by and between the City of Oakland Park, Florida, a municipal corporation, '("CITY") and DAVID HEBERT ("CITY MANAGER"), pursuant to these terms and conditions: WITNESSETH: WHEREAS, the City Commission ("COMMISSION"), pursuant to the City Charter and Code of Ordinances has the power of appointment of the City Manager; and WHEREAS, the Commission has determined that DAVID HEBERT meets the qualification requirements to serve as City Manager and wishes to form11lize his August 28 th , 2014 appointment as CITY MANAGER of the City of Oakland Park and provide terms and conditions of appointment; and WHEREAS, DAVID HEBERT wishes to accept appointment as CITY MANAGER of the CITY under the terms and conditions recited herein. NOW, THEREFORE, the COMMISSION, acting on behalf of and for the benefit of the CITY and CITY MANAGER agree as follows: 1.0 Duties; Commencement Date 1. 1 CITY MANAGER shall perform the functions and duties specified in Article IV, of the City Charter and other legally permissible and proper duties and functions as required of the office or as directed by the COMMISSION. 1.2 CITY MANAGER agrees to perform the duties of CITY MANAGER with care, diligence, skill and expertise. 1.3 CITY MANAGER shall commence Performing Duties on or before September 29 th , 2014 ("Commencement Date"). 2.0 Salary 2.1 CITY will pay CITY MANAGER for an annualized base salary of One Hundred Seventy Thousand and 00/100 ($170,000.00) DOLLARS, payable in equal bi- weekly payments; paid at the same time that other managerial level employees of the CITY are paid. 3.0 Performance Review. 100037187 I 1869-0101480} I 381 of 413 Item # 12Attachment #1 Page 2 of 12 4.0 3.1 The COMMISSION will provide the CITY MANAGER with a performance evaluation six (6) months post Commencement Date and second performance evaluation on October 15 th , 2015, thereafter annually utilizing a process, form, criteria, and format for the evaluation which shall be agreed upon by the members of the COMMISSION in consultation with the CITY MANAGER. 3.2 In conjunction with any review of performance, the COMMISSION may increase the base salary and/or other benefits of CITY MANAGER in such amounts and to such extent as the COMMISSION may determine is proper. Terms of Appointment 4.1 The CITY MANAGER shall serve at the pleasure of the City Commission. 4.2 Nothing in this Agreement shall limit the right of the COMMISSION to terminate the appointment of CITY MANAGER at any time, subject only to the provisions set forth in Section 5.0 of this Agreement. 4.3 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the CITY MANAGER to resign at any time from his position with the CITY, subject only to the provisions set forth in Section 5.0 of this Agreement. 4.4 The Commission consents to the CITY MANAGER to residing outside the City limits of Oakland Park, for a period of one ( 1) year from the Commencement Date. 5.0 Termination Conditions and Pay 5.1 This Agreement shall terminate: 5 .1.1 by mutual agreement of CITY MANAGER and the CITY. {0003718711869-0101480 l Revised on 9/12 5.1.2 Pursuant to Section 2.09 of the City Charter by the CITY COMMISSION's unilateral termination of CITY MANAGER. 5.1.3 by death of CITY MANAGER. 5.1.4 by resignation of CITY MANAGER. 5 .1.5 by amendment of the City Charter or Code of Ordinances pertaining to the role, powers, duties, authority, responsibilities of the CITY MANAGER's position that substantially changes the authority of the CITY MANAGER, in which case, the CITY MANAGER shall have the right to declare that 2 382 of 413 Item # 12Attachment #1 Page 3 of 12 such amendments constitute unilateral City termination in the same manner as 5.1.2 above. 5.2 In the event of a conflict between the severance benefit terms of this agreement and the limitation on severance benefits as provided in s. 215.425, Florida Statutes, the provisions of the statute shall prevail. 6.0 Rights and Obligations Upon Unilateral Termination by CITY. 6.1 Unilateral termination shall be by a 4/5 vote by the COMMISSION and need not reflect performance related reasons. In the event of a termination for misconduct, the CITY MANAGER is not entitled to severance pay in accordance with s. 215.425, Florida Statutes. If this Agreement is terminated by unilateral action by the CITY not based on misconduct, CITY MANAGER shall be entitled to: 6.1.1 unpaid base salary through the effective date of the termination. 6.1.2 ten (10) weeks of severance pay. The term severance pay shall have the meaning as set forth ins. 215.425, Florida Statutes. 6.1.3 reimbursement for as-yet unreimbursed expenses pursuant to this Agreement. 6.1.4 all earned and accrued Paid Time Off (PTO) as provided for in the City's Civil Service Rules. 7.0 Rights and Obligations Upon Termination by Mutual Agreement. 7.1. If this Agreement terminates upon mutual agreement of the parties, CITY MANAGER the negotiated terms of severance shall be consistent with the limitation on severance pay as set forth ins. 215.425, Florida Statures. 8.0 Rights and Obligations Upon Termination Due to Disability or Death. 8.1. If this Agreement terminates due to CITY MANAGER's disability or death, CITY MANAGER or his guardian or personal representative shall be entitled to the following compensation and benefits: 8.1.1 base salary to date of death or last day of work if disability. 8.1.2 reimbursement for as-yet unreimbursed business expenses pursuant to this Agreement. 100037187 I 1869-0101480 I ..3 383 of 413 Item # 12Attachment #1 Page 4 of 12 8.1.3 earned and accrued Paid Time Off (PTO) as provided for in the City's Civil Service Rules. 8.1.4 life and/or disability benefits, if applicable. 8.1.5 accrued deferred compensation, if any. 8.1.6 in the event of any disagreement or dispute regarding to whom payment shall be made, the CITY may rely on a court order or in the absence of an order, may interplead the payment with a court of proper jurisdiction. 9.0. Rights and Obligations Upon Termination Due to Resignation. 9.1. If this Agreement terminates due to CITY MANAGER's resignation, CITY MANAGER shall be entitled only to the following compensation and benefits: 9 .1.1 base salary through the date of resignation or such other date as mutually agreed to between CITY MANAGER and the CITY. 9 .1.2 reimbursement for as-yet unreimbursed expenses pursuant to this Agreement. 9.1.3 earned and accrued Paid Time Off as provided for in the City's Civil Service Rules. 9 .1.4 accrued deferred compensation. 9.2. A resignation shall be submitted in writing to the COMMISSION through the City Clerk and shall provide for an actual resignation date no later than thirty (30) days following the date of notice ofresignation, or later with the consent of the COMMISSION. The COMMISSION may establish an earlier separation date, but compensation and benefits shall accrue through the full thirty (30) days. 10.0 Additional Benefits. The City Manager shall receive the same educational enrichment benefits, holidays, and other leave benefits, disability benefits, as established by the City's Personnel Policies and Regulations or any compensation plan or Benefit Package for management personnel that exists or the City Commission may adopt in the future. Relative to Paid Time Off (PTO), the City Manager shall receive the equivalent of 160 hours off for the first year of his employment. 1000371871 1869-0I01480 l Revised on 9/ 12 384 of 413 Item # 12Attachment #1 Page 5 of 12 10.2 CITY shall pay for and provide the CITY MANAGER with term life insurance in an amount no less than two (2) times the City Manager Base Salary. The City will not be responsible for policy renewal after the date of termination of appointment. 10.3 In lieu of the participation in the Florida Retirement System (FRS),CITY and CITY MANAGER will execute all necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for CITY MANAGER's participation in a 401 ICMA-RC retirement plan, or any other comparable deferred compensation program. In addition to the base salary paid by the CITY to CITY MANAGER, CITY will pay Twenty-Seven Thousand and 00/100 $27,000.00 Dollars annually into the ICMA-RC on CITY MANAGER's behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding CITY or the CITY MANAGER upon CITY MANAGER's resignation or discharge. The City Manager shall make any contributions as may be required by City approved retirement plans. 10.4 The CITY will pay for the registration, travel and subsistence expenses of the CITY MANAGER for professional and official travel and meetings to continue the professional development of the CITY MANAGER and to pursue necessary official and other functions for the CITY including but not limited to his attendance at the Annual Conference of the International City/County Management Association, and conferences and meetings sponsored by the Florida City/County Management Association, the Florida Bar and such other national, regional, state, and local organizations, civic groups, and committees which the CITY MANAGER of the CITY is a member and as the CITY may designate. 10.5 CITY will pay for the registration, travel and subsistence expenses of the CITY MANAGER for short courses, institutes, and seminars that are necessary for this professional development and the good of the CITY. 10.6 The CITY will pay for the professional dues and subscriptions of CITY MANAGER which shall include his Florida Bar dues necessary for his continuation and full participation in national, regional, state and local associations, civic groups, committees, and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the CITY, including but not limited to ICMA, FCCMA, PBCCMA and the Florida Bar. 11.0 Reimbursable Business Expenses 11.1 CITY will reimburse CITY MANAGER for all business-related expenses upon presentation to the Finance Director of duly executed expense vouchers, receipts, statement or personal affidavits. {00037187 1 1869-0101480) 385 of 413 Item # 12Attachment #1 Page 6 of 12 12.0 Outside Activities 12.1 The appointment provided for by this Agreement shall be the CITY MANAGER's primary employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the CITY and the community, the CITY MANAGER may elect to accept limited teaching, consulting or other business opportunities upon notice to the commission and with the understanding that such arrangements must neither constitute interference with nor a conflict of interest with his responsibilities under this Agreement. 13.0 Indemnification 13.1 CITY shall defend, hold harmless from, and indemnify CITY MANAGER against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of CITY MANAGER's duties as CITY MANAGER. CITY shall either compromise and settle any claim or suit or pay the amount of any judgment against CITY MANAGER rendered thereon, if not compromised and settled. 13.2 CITY reserves the right to select, appoint, retain, and discharge legal counsel necessary to provide the foregoing defense. 14.0 Bonding 14.1 CITY shall bear the full cost of any fidelity or other bonds required of the CITY MANAGER under any law or ordinance. 15.0 Other Terms and Conditions of Appointment 15 .1 The CITY has appropriated funds of the CITY in an amount sufficient to fund and pay all financial obligations of the CITY MANAGER pursuant to this Agreement, including but not limited to, the Severance and other benefits set forth above. 15.2 The COMMISSION, in consultation with the CITY MANAGER shall fix such other terms and conditions of appointment, as it may determine from time to time, relating to the performance of CITY MANAGER, provided such terms and conditions are not inconsistent with or in conflict with the provisions of the Agreement, the City Charter or any other law but no subsequent agreement that would modify monetary benefits is binding on the parties unless reduced to writing and approved and signed with the same formalities as this Agreement. 15.3 There are no established hours of work for the CITY MANAGER. The CITY MANAGER shall dedicate himself to the tasks necessary to effectively and {000371871 1869-0101480} Revised on 9/12 386 of 413 Item # 12Attachment #1 Page 7 of 12 efficiently manage the affairs of the CITY. The CITY MANAGER may adjust his regular work schedule to balance the demands of extended business days and night meetings, upon reasonable notice to the COMMISSION. 15.4 The CITY will provide the CITY MANAGER with a laptop computer or other similar electronic devices suitable for on and off site business use. 16.0 Binding Effect 16.1 The Agreement shall be binding on the CITY and CITY MANAGER and the successors, assigns, and heirs of each respectively. 16.2 The effective date of the Agreement shall be the date it is last signed by either the CITY or the CITY MANAGER. End of Agreement signature page follows (000371871 1869-0101480} 1 387 of 413 Item # 12Attachment #1 Page 8 of 12 IN WITNESS WHEREOF, the parties sign and execute this Agreement. {000371871 1869-0101480 l Revised on 9/12 CITY OF OAKLAND PARK, FLORIDA --- Dated: 9 -18 -I '-/ -------'-- CITY MA 388 of 413 Item # 12Attachment #1 Page 9 of 12 FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OAKLAND PARK AND DAVID HEBERT TIDS FIRST AMENDMENT ("First Amendment") dated the 2) day of (Jo.1-,~ 2015, is intended to further amend the Employment Agreement ("Employment Agreement") dated the 12th day of September, 2014 by and between: THE CITY OF OAKLAND PARK, a municipal corporation organized and operating pursuant to the laws of the State of Florida, hereinafter referred to as "EMPLOYER", and DAVID HEBERT, an individual, hereinafter referred to as "EMPLOYEE." WHEREAS, the City Commission of the City of Oakland Park desires to amend the Employment Agreement to provide for the EMPLOYEE to continue to reside outside of the City limits and; and WHEREAS, the City Commission of the City of Oakland Park desires to amend the Employment Agreement to provide EMPLOYEE's annual review to be conducted annually in June; and NOW THEREFORE, the EMPLOYER and EMPLOYEE agree to the following amendment to the identified section: 3.1 The COMMISSION will provide the CITY MANAGER with a performance evaluation six ( 6) months post Commencement Date and second performance evaluation on October 15 th , 2015, thereafter annually in June, beginning in June, 2016 utilizing a process, form, criteria, and format for the evaluation which shall be agreed upon by the members of the COMMISSION in consultation with the CITY MANAGER. 4.4 The Commission consents to the CITY MANAGER te residing outside the City limits of Oakland Park until such time that he no longer resides at his present primary residency. for a period ofoae (1) year from the Commencement Date. IN WITNESS WHEREOF, the City of Oakland Park, Florida, has caused this First Amendment to the Employment Agreement to be signed and executed in its behalf by its Mayor and duly attested to by its City Clerk, and David Hebert has signed and executed this First Amendment to the Employment Agreement on his own behalf. {00098746.1 1869-0101480} Page 1 of2 389 of 413 Item # 12Attachment #1 Page 10 of 12 CITY CLERK W11NESSES: Aj_Mh, of ?l/uwk{44 ~ {00098746.1 1869-0I01480} EY EMPLOYER: CITY OF OAKLAND PARK, FLORIDA, a Florida municipal association BY: 1./ -JE-,11'-S-HANK--,-MA-Y_O_R ___ _ Page 2 of2 390 of 413 Item # 12Attachment #1 Page 11 of 12 SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OAKLAND PARK AND DAVID HEBERT THIS SECOND AMENDMENT ("Second Amendment") dated b+~ day of :f"-...i \ "-\ , 2016, is intended to further amend the Employment Agreement ("Employment AgreemJnt") dated the 12 th of September, 2014 by and between: THE CITY OF OAKLAND PARK, a municipal corporation organized and operating pursuant to the laws of the State of Florida, hereinafter referred to as "EMPLOYER", And DAVID HEBERT, an individual, herein referred to as "EMPLOYEE". WHEREAS, the City Commission of the City of Oakland Park desires to amend the Employment agreement to revise the City Manager's retirement contribution; and NOW THEREFORE, the EMPLOYER and EMPLOYEE agree to the following amendment to the identified section: 10.3 In lieu of the participation in the Florida Retirement System (FRS), CITY and CITY MANAGER will execute all necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for the CITY MANAGER's participation in a 401 ICMA-RC retirement plan, or any other comparable deferred compensation program. In addition to the base salary paid by the CITY to the CITY MANAGER, CITY will pay Twenty Seven Thousand and 00/100 $27,000 Dollars the equivalent of the Senior FRS City contribution annually into the ICMA-RC on CITY MANAGER's behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding CITY or the CITY MANAGER upon CITY MANAGER's resignation or discharge.; The CITY MANAGER shall make any contributions as may be required by City approved retirement plans. 391 of 413 Item # 12Attachment #1 Page 12 of 12 IN WITNESS WHEREOF, the City of Oakland Park, Florida has caused this Second Amendment to the Employment Agreement to be signed and executed in its behalf by its Mayor and duly attested to by its City Clerk, and David Hebert has signed and executed this Second Amendment to the Employment Agreement on his own behalf. Attest: Renee M. Shrout, CMC CITY CLERK Approved as to form: WITNESSES: J.~ EMPLOYER: CITY OF OAKLAND PARK, FLORIDA, A Florida municipal association / BY:___.__-r-1~---==------ 392 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 13 MEETING DATE: 6/7/2017 PREPARED BY: Renee M. Shrout, City Clerk DEPARTMENT HEAD APPROVAL: CITY CLERK SUBJECT: Due to lack of time, this item was moved from the May 17, 2017, Commission meeting to the June 7, 2017,meeting for Commission consideration. Mayor Adornato - - Offshore Drilling Resolution Amendment 1. BACKGROUND/HISTORY At the May 3, 2017, City Commission meeting Mayor Adornato requested and received consensus to bring forward a discussion item to consider amending Resolution R-2010- 055, Offshore Oil Drilling, to add language urging the federal government to not pursue or allow offshore oil and gas drilling, exploration, or development in the Atlantic Ocean off the East Coast of the State of Florida. (Backup provided by Mayor Adornato is attached.) 2. CURRENT ACTIVITY 3. FINANCIAL IMPACT 4. RECOMMENDATION City Commission Discussion ATTACHMENTS: Descr ipt ion Discussion Email Request R-2010-055 Item # 13 393 of 413 Ft. Lauderdale Resolution 4-19-17 Item # 13 394 of 413 1 Renee Shrout From:John Adornato Sent:Tuesday, May 09, 2017 9:12 PM To:Renee Shrout Subject:Resolution request - oil/gas drilling Attachments:R-2010-055 - Offshore Oil Drilling.pdf; FortLauderdaleReso4-19-17.pdf Hi Renee – As I mentioned during commissioner comments, and as approved by the consensus of the commission, to bring back modifications to our existing oil/gas off-shore oil drilling. I am requesting that we add the following Whereas and Therefore clauses to the 2010 resolution that we passed, attached. Please include the following for our discussion, I’d recommend that we include the following Whereas clauses just before the last Whereas clause in the attached: “WHEREAS, the United States government has expressed interest in opening the Atlantic Ocean and Eastern Gulf of  Mexico to offshore oil and gas development and exploration, including risky methods such as seismic airgun blasting;  and,  WHEREAS, seismic airguns fire intense blasts of compressed air, one of the loudest manmade sounds in the ocean, every  10‐12 seconds for days, weeks, or months on end; and,  WHEREAS, seismic airgun noise has been shown to harm and injure dolphins, whales, endangered sea turtles, fish, and  other marine life; and,  WHEREAS, exploratory and commercial drilling, extraction, and transportation of offshore oil and gas resources pose a  significant risk of oil spills and chronic leakage; and, ”  And to add the phrase “, including seismic airgun blasting,” in section 2 of the Therefore clauses after “exploration”, to read “…for oil leasing and oil exploration, including seismic airgun blasting, and to take immediate steps…” We could also add a new Therefore clause stating something similar to: Please let me know if you have questions. I am also attaching the recently passed Fort Lauderdale resolution as comparison for consideration. Thank you. John Thank you for your comments, they are important to me. Mayor John Adornato III City of Oakland Park Please call with any questions, any time: 954-646-9342 Or email: JohnA@OaklandParkFL.gov 3650 NE 12th Avenue Oakland Park, FL 33334 Item # 13Attachment #1 Page 1 of 1 SECTION 2 The City Commission of the City of Fort Laude 1 States federal government not to pursue or a How offshore oi I ~ d~velopment in the Atlantic Ocean off the East Coast of the State 395 of 413 Item # 13Attachment #2 Page 1 of 3 I 2 RESOLUTION NO. R-2010-055 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF OAKLAND PARK, FLORIDA, 6 EXPRESSING ITS OPPOSITION TO OFFSHORE OIL 7 DRILLING IN FLORIDA WATERS AS HAVING A 8 DELETERIOUS IMPACT ON FLORIDA'S 9 ENVIRONMENTAL AND ECONOMIC RESOURCES; IO DIRECTING THE CITY CLERK TO TRANSMIT A 11 COPY OF THIS RESOLUTION TO VARIO US ST ATE 12 AND FEDERAL OFFICIALS; PROVIDING FOR 13 CONFLICTS; PROVIDING FOR SEVER.ABILITY; 14 PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, Florida's clear clean waters, word-class beaches and coral 17 reefs draw millions of visitors each year, supports a $53 billion tourism industry, a $14 18 billion marine industry and a fishing industry that injects more than $6 billion a year to 19 Florida communities; and 20 21 WHEREAS, Florida's tourism industry generated $13.3 billion 111 22 payroll to over 1 million Floridians directly employed in tourism; and 23 24 WHEREAS, Florida's tourism industry generated over $65 billion in . 25 2008 to Florida's economy and the sales tax revenue derived there from constitute a 26 significant portion of the State's budget; and 27 28 WHEREAS, Florida's leaders from both major political parties have 29 historically recognized the value of our shorelines to our economy; and 30 31 WHEREAS, Hurricanes Katrina and Rita resulted in 125 spills from 32 platforms, rigs and pipelines totaling 685,000 gallons of oil lost into the sea; and 33 34 WHEREAS, because oil prices are determined on the international 35 market, any impact that offshore drilling in Florida waters might have on the wellhead 36 prices is expected to be insignificant; and 37 38 WHEREAS, any oil spill event in the Gulf of Mexico would cause harm 39 to Florida's tourism-based economy and could bring ecological damage to Fort 40 Lauderdale's beach by way of the loop current; and 41 42 43 Page 1 of3 396 of 413 Item # 13Attachment #2 Page 2 of 3 1 WHEREAS, oil spill events emanating from allowing offshore oil 2 drilling in Florida's waters will significantly jeopardize Florida's pristine waters, 3 world-class beaches, coral reefs, negatively. impact the tourism industry and State 4 revenue; 5 6 WHEREAS, Florida's economy depends on its multi-billion dollar tourism 7 industry, which resulted in more than 82 million visitors coming to Florida in 2008, 8 during which period tourism generated over $4.0 billion in taxable sales; and 9 10 WHEREAS, tourism account for one-third of Florida's budget revenue and .11 96% of those visitors cite the beaches as an influential factor in their decision to visit 12 Florida; and 13 14 WHEREAS, tax revenues generated from Florida's growing tourism industry 15 are critical to continued funding of essential governmental services, including 16 transportation, schools, and public safety; and 17 18 WHEREAS, the testing and training ranges of the eastern Gulf of Mexico are a 19 unique and irreplaceable national security asset that provides critical live-fire !~sting 20 and training opportunities that are incompatible with mineral exploration and 21 extraction; and 22 23 WHEREAS, the area with the potential for the greatest risk of environmental 24 damage is the eastern part of the Gulf of Mexico, off the western coast of Florida; and 25 26 WHEREAS, environmental specialists contend the major risk from drilling 27 platforms is the wastewater they routinely discharge which contains drilling fluids and 28 heavy metals including mercury; and 29 30 WHEREAS, according to Oil Industry data, an oil rig in the Gulf of Mexico can 31 dump up to 90,000 tons of drilling fluid and metal cuttings over its lifetime. These 32 contaminants accumulate in the marine flood web and may contaminate local beaches 33 and have a negative effect on the environment and the tourism industry; and 34 35 WHEREAS, it is our belief that despite technological advances in oil drilling 36 technology, there is no positive assurance that catastrophic damage to our coastline, 37 beaches, plant, and fish life could be avoided during normal operating conditions or 38 during storm situations; and 39 40 WHEREAS, lifting the moratorium on mineral leasing in the Gulf of Mexico 41 poses an intolerable threat to the beaches, waterways, economy of Florida, and national 42 security. 43 44 Page 2 of3 397 of 413 Item # 13Attachment #2 Page 3 of 3 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 OF THE CITY OF OAKLAND PARK, FLORIDA THAT: 3 4 SECTION 1. The foregoing "WHEREAS" clauses are true· and correct and 5 hereby ratified and confirmed by the City Commission. All exhibits attached hereto are 6 hereby incorporated herein. 7 8 SECTION 2. The City Commission of the City of Oakland Park, Florida, 9 hereby expresses its opposition to offshore oil drilling in Florida waters in areas other IO than those already approved for oil leasing and oil exploration and to take immediate 11 steps to encourage and assist in the development of alternative sources of energy. 12 13 SECTION 3. The appropriate City officials are authorized and directed to 14 execute the necessary documents to comply with this Resolution. 15 16 SECTION 4. All Resolutions or parts of Resolutions in conflict herewith. be 17 and the same are repealed to the extent of such conflict. 18 19 SECTION 5. If any clause, section or other part of this Resolution shall be 20 held by any court of competent jurisdiction lo be unconstitutional or invalid, such 21 unconstitutional or invalid part shall be considered eliminated and will in no way affect 22 the validity of the other provisions of this Resolution. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SECTION 6. This Resolution shall become effective immediately upon its passage and adoption. ADOPTED by the City Commission of the City of Oakland Park, Florida this 7th day of April 2010. CITY OF OAKLAND PARK, FLORIDA ~ ~ uJJJ-!")~ MAYOO.ALLEGRA WEBBUHY A. NIEDWIECKI S. BOlSVENUE A. SALLEE S. ARNST A. MURPHY Page 3 of3 YES YES YES YES .'IB.L 398 of 413 Item # 13Attachment #3 Page 1 of 3 ; RESOLUTION NO. 17- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA, OPPOSING OFFSHORE OIL AND GAS DRILLING, EXPLORATION, AND DEVELOPMENT, INCLUDING SEISMIC AIR GUN BLASTING, IN THE ATLANTIC OCEAN OFF THE EAST COAST OF THE STATE OF FLORIDA, URGING THE UNITED STATES FEDERAL GOVERNMENT NOT TO PURSUE OR ALLOW OFFSHORE OIL AND GAS DRILLING, EXPLORATION, OR DEVELOPMENT IN THE ATLANTIC OCEAN OFF THE EAST COAST OF THE STATE OF FLORIDA, RECOMMENDING ' NON-POLLUTING SOURCES OF RENEWABLE ENERGY, SUCH AS SOLAR AND WIND, AND PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION AND AN EFFECTIVE DATE. l/-lf/-11 lJALk-otJ r(~..foLurtoAJ WHEREAS, the United States federal government has expressed interest in opening the Atlantic Ocean to offshore oil and gas development and exploration, including risky methods such as seismic air gun blasting; and WHEREAS, seismic air guns fire intense blasts of compressed air, one of the loudest manmade sounds in the ocean, every ten to twelve seconds for days, weeks, or months on end; and WHEREAS, seismic air gun noise has been shown to harm and injure dolphins, whales, endangered sea turtles, fish, and other marine life; and WHEREAS, exploratory and commercial drilling, extraction, and transportation of offshore oil and gas resources pose a significant risk of oil spills and chronic leakage; and WHEREAS, eventual offshore drilling may require significant onshore infrastructure, such as pipelines or refineries, which would harm the character of Florida's East Coast; and WHEREAS, offshore drilling activities pose threats to treasured vacation destinations on Florida's East Coast, which are of intrinsic economic value for numerous 17- 399 of 413 Item # 13Attachment #3 Page 2 of 3 , RESOLUTION NO. 17-PAGE2 industries, provide essential nursery habitats for recreational and commercially important fisheries, and act as natural buffers from storm surge and hurricanes; and WHEREAS, the City of Fort Lauderdale recognizes that the tourism and fishing industries, which depend on a healthy and vibrant coastal environment, both serve as major economic drivers benefiting the current and future residents, property owners, and visitors to Florida; and WHEREAS, the City of Fort Lauderdale endeavors to be a good steward of the state and region's environment and its resources; and WHEREAS, exploration and development of oil and gas resources off the east coast of Florida will not effectively address the long-term energy needs of the United States of America; and WHEREAS, offshore oil and gas drilling and exploration, including seismic air gun blasting in the Atlantic Ocean in close proximity to Florida's shoreline would put Florida's environment, beaches, marine resources, and local economies at risk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA: SECTION 1. The City Commission of the City of Fort Lauderdale, Florida, opposes offshore oil and gas drilling, exploration, and development, including seismic air gun blasting, in the Atlantic Ocean off the East Coast of the State of Florida. SECTION 2. The City Commission of the City of Fort Lauderdale, Florida, urges the United States federal government not to pursue or allow offshore oil and gas drilling, exploration, or development in the Atlantic Ocean off the East Coast of the State of Florida. SECTION 3. The City Commission of the City of Fort Lauderdale, Florida, recommends non- polluting sources of renewable energy, such as solar and wind, that pose less risk to the coastal environment and economic health before using uncertain methods of seismic air gun blasting in the pursuit of offshore oil and gas deposits. SECTION 4. The City Clerk is directed to send a certified copy of this Resolution to the Broward League of Cities, the Florida League of Cities, the Broward County Legislative Delegation, the United States Congressional Delegation from the State of Florida, the Broward 17- 400 of 413 Item # 13Attachment #3 Page 3 of 3 RESOLUTION NO. 17-PAGE3 County Board of County Commissioners, the Palm Beach County League of Cities, the Miami- Dade County League of Cities, and any other interested parties. SECTION 5. This Resolution shall become effective immediately upon its adoption. ADOPTED this the __ day of ____ , 2017. ATTEST: 17- City Clerk JEFFREY A. MODARELLI Mayor JOHN P. "JACK" SEILER 401 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 15 A MEETING DATE: 6/7/2017 PREPARED BY: Kristen Nowicki, AICP Senior Planner DEPARTMENT HEAD APPROVAL: ECD Planning & Building SUBJECT: Development Applications Update through 5/26/2017 1. BACKGROUND/HISTORY 2. CURRENT ACTIVITY 3. FINANCIAL IMPACT Not applicable. 4. RECOMMENDATION ATTACHMENTS: Descr ipt ion Development Activity Report Item # 15 A 402 of 413 Project Name Type of Application Project Location Applicant Project Status Kozloski Triplex (3 unit residential building). Also goes to Board of Adjustment before Commission Site Plan, Variance 1302 NE 32nd Street John Kozloski DRC Meeting held 7/21/2016. Applicant is seeking variances to be reviewed by Board of Adjustment, tenatively scheduled for 6/27/17. Scandals Saloon Restaurant Bar Site Plan and Conditional Use 3400 N. Andrews Avenue SELA, LLC (Amos Chess)Approved by Planning and Zoning Board on 5/25/17. Scheduled for City Commission 6/7/17. 7-Eleven (full demo & rebuild of gas station and convenience store) Conditional Use, Plat, Variance N.E. Corner of Powerline Road and Oakland Park Blvd (formerly Citgo) 7-Eleven, Inc. Planning & Zoning Board meeting held 5/22/17. Board of Adjustment scheduled for 5/30/17. City Commission will follow. Residence Inn by Marriott Conditional Use & Plat Note Amendment South West corner of Park Lane West & Powerline Rd SPIH of Oakland Park, LLC Original DRC meeting 10/23/2014. Second DRC Meeting 11/10/2016. Staff reviewing final plans and awaiting further information from applicant. Vacation of portion of Right of Way Vacation of ROW 325 NW 32nd Street Tom Bhegani Staff provided comments to applicant, awaiting response. Treemont on the Park, Change of Use to Residential Detox / Community Care Facility Conditional Use 3861-3881 NE 3rd Avenue Orchard Park at Deerfield Corporation, dba Treemont on the Park DRC meeting held 1/14/16, awaiting applicant resubmittal. Monaco Building Parking Expansion Rezoning and Site Plan 1951 N.E. 43rd Court in Coral Heights (behind 4331 N. Federal Hwy) 4331 North Federal LLC (Stephane Maltais) DRC Meeting held 6/6/16, Applicant resubmtted and comments were provided to applicant. Awaiting applicant resubmittal. Pugliese Self-Storage Site Plan, Rezoning, Conditional Use 2203 W. Oakland Park Blvd., rear lot.Laura Pugliese DRC Meeting held 1/12/17. DRC review almost complete, staff preparing for P&Z. Former Oak Tree Golf Course Property / Proposed Single Family Residential Community Land Use Plan Amendment, Plat, Rezoning, Site Plan W. Prospect Road and N.W. 21st Avenue Pulte Homes has the property under contract Applicant has submitted the Land Use Plan Amendment application on 4/4/2017. City is contracting with a consultant to assist with review. 8 Townhomes at 1062 NE 35th Street Site Plan 1062 NE 35th Street G2 Keystone Holdings LLC (Alex Giampietro) DRC meeting held 5/25/17. Awaiting applicant resubmittal. Development Applications Update Projects that will go to P&Z followed by City Commission Projects that will go to City Commission Current as of May 26, 2017 Item # 15 AAttachment #1 Page 1 of 3 403 of 413 Project Name Type of Application Project Location Applicant Project Status Chain Bridge Distillery Adaptive Reuse (DMUD Interim Regulations) 3500 NE 11th Avenue Bela J. & Agnes Nahori and Bela M. Nahori DRC meeting held 5/25/17. Awaiting applicant resubmittal. PJs Corner Pocket N/A 3635 N. Andrews Avenue PJ Williams Neighborhood Mtg: May 23, 2017 Cubesmart Self Storage N/A Powerline and Prospect Rene Moffit Neighborhood Mtg: March 30, 2017 8 Residential units N/A 680 NE 43rd Street Juliette Real Estate Investments & Development (Danielle Harris)Neighborhood Mtg: June 5, 2017 Bahama Breeze N/A 3339 N. Federal Highway Darden Restaurants Neighborhood Mtg: TBD Projects Under Construction Urban Village @ 5th Avenue (90 units)NE 5th Avenue at NE 36th Street 2900 NE 12th Terrace Eastside Village Townhomes (133 units)4200 N Dixie Highway Oakland Preserve Apartments (80 units)3601 NE 3rd Avenue 5757 N Dixie Highway Downtown Duplex at 1033 NE 33rd St.1033 NE 33rd Street 33 Urban (6 units)1028 NE 33rd Street 1033 E Oakland Park Boulevard Project Rock - rock climbing studio 3400 N Andrews Avenue (north end) Greenwheel Fitness Center (G21)3400 NE 11th Avenue 2301 W Oakland Park Boulevard 1480 NE 34th Street T&L Apartments (18 units)1550 NE 34th Court Five Below (Northridge)997 E Commercial Boulevard New Dawn Townhomes (6 units) The Shores Hospital Lucky's Market (grocery store) Fresenius Kidney Care (dialysis center) Pointe at Middle River Townhomes (40 units) Projects that require DRC approval only Development Applications Update Neighorhood Partcipation Meetings Held or Imminent Current as of May 26, 2017 Item # 15 AAttachment #1 Page 2 of 3 404 of 413 Permitting Started The Lofts at Oakland Park (8 - 1 bedroom lofts)325 NW 40th Street Cirque Bakery (Allied Building)3482 NE 12th Avenue Scandals Saloon Restaurant Bar 3400 N Andrews Avenue (south end) Dapur Asian Tapas (Allied Building)3492 NE 12th Avenue Terry's Plumbing 551 NE 43rd Street TD Bank 3775 N Federal Highway Coming Soon to Permitting Park Avenue Plaza (Retail/Showroom)Prospect Road at NE 2nd Avenue ITAL Building (new warehouse)3070 NE 12th Terrace Current as of May 26, 2017 Item # 15 AAttachment #1 Page 3 of 3 405 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 15 B MEETING DATE: 6/7/2017 PREPARED BY: Albert J Carbon III, P.E., Public Works Director DEPARTMENT HEAD APPROVAL: PUBLIC WORKS SUBJECT: City Code on the Repair and Replacement of Sidewalks 1. BACKGROUND/HISTORY Issue Statement: A summary of the City of Oakland Park’s requirements for the repair and construction of sidewalks throughout the City is being provided to Commission. The City’s Code of Ordinances Chapter 24, Land Development Code, Section 24-95, Construction and Repair of Sidewalks establishes the City’s requirements for Sidewalks (copied in its entirety below). In summary: Construction of sidewalks is per the City’s Minimum Construction Standards. (Standard attached) Any new primary building construction shall include the construction of sidewalks. Property owners are responsible to keep existing sidewalks in good repair, and replace any sidewalk not conforming to City standards. If a sidewalk is in non-conformance, the City Commission needs to adopt an ordinance or resolution for notification of repair. After adoption, notice is sent to the property of need to repair or replace. If compliance is not met within 30 days, the City Commission can take action to have the sidewalk repaired or replaced. Once the City repairs or replaces, the cost of the repair or replacements shall constitute a lien the property. City Code of Ordinance Section 24-95 “Sec. 24-95. - Construction and repair of sidewalks. (A) Grade and specifications. All sidewalks constructed, replaced or repaired within the city shall conform to the grade, plans and specifications prescribed in the City of Oakland Park Minimum Construction Standards. (B) Construction of sidewalks and bikeways. All plats shall include the construction of sidewalks in accordance with the City of Oakland Park Minimum Construction Standards unless specifically waived by the city commission. In addition, the city may require the installation of bikeways in plats adjacent to existing or planned bikeway systems. Item # 15 B • • • • • 406 of 413 (C) New building construction. Any new primary building construction shall include the construction of sidewalks. (D) Duty to maintain existing sidewalks. (1) In general: The owners of real estate within the city shall keep existing sidewalks in good repair, and replace any sidewalk not in conformity with the requirements of the City of Oakland Park Minimum Construction Standards at the owners expense. (2) Notice to property owner: Upon the adoption of any ordinance or resolution by the city commission relating to repair or replacement of a sidewalk, the city clerk shall give the owner written notice of the adoption of such ordinance or resolution and requiring such owner, within thirty (30) days from the date of mailing the notice to replace or repair the sidewalk. Such notice shall be addressed to the owner at his last known address. The notice shall be sent by certified mail with return receipt requested. (3) Construction or repair by city: (a) If an owner notified pursuant to section 24-95 (D)(2) above does not replace or repair such sidewalk within the thirty-day period, the city commission shall cause the sidewalk to be replaced or repaired in accordance with the requirements of this article. (b) Upon completion of the construction, replacement or repair of any sidewalk by the city, all costs and expenses incurred by the city shall constitute a lien against the property or lots adjoining and abutting on the street, avenue, boulevard, drive or thoroughfare on which the sidewalk is constructed, replaced or repaired, and shall be subject to enforcement as provided by section 20, article XVI of the Charter. (Ord. No. O-93-17, § 4, 10-20-93; Ord. No. O-1999-011, § 3, 6-2-99)” 2. CURRENT ACTIVITY The City is currently conducting an inventory of the existing sidewalks in the City. That inventory will identify gaps and sidewalks in need of replacement. 3. FINANCIAL IMPACT Cost of repairs and maintenance of City streets and sidewalks are appropriated in the City's annual budget. 4. RECOMMENDATION ATTACHMENTS: Descr ipt ion Minimum Construction Standards Item # 15 B 407 of 413 7 ENGINEERING SWALE WITH SIDEWALK Item # 15 BAttachment #1 Page 1 of 3 Swale areas shall be constructed to cooform with the attached sketches, L NO OBSTRUCTIONS 01\ PUNTING PE~IT?Ell I SWALE AREAS FOR RESIDENTIAL & Ca-\MERClAL FRMAGE Limits of Grass Area -16" l, l" Asphalt ved surface 6,5' Min. 8" Rock Base CITY OF O AKLAND APPROVED REV ISED PARK DEPARTMENT s•:for Grass Area 3 3/4" for paved access areas (Crown) Sidewalk 1,• above grade in £ street P LATE NO. 408 of 413 PAGE 45 Item # 15 BAttachment #1 Page 2 of 3 ~ z i " " ~ .. 1/1 H PAGE 60 L__II~ f ,·?'.1[2 :~+ :·, · .. ·,.: :· .:. TYPE "A" JOINT TYPE "B" JOINT t=if· r,,t:;;::, z=::jf+ =CJ; .._I~, I ~ ~ TYPE "C" JOINT ;:[~A. ~ • . ~ :" SIDEWALK AT CURB DETAIL SIDEWALK DETAIL 409 of 413 PAGE 58 Item # 15 BAttachment #1 Page 3 of 3 CITY OF OAKL Al\D PA HK ~~ t;:-;c1:-:t:t:1u:-.c A 'W co:,:s,-m.:n10:,: ~I \'.\'.AG f:).Jf::-.T IWP,\l!T~l f~\'T c1.,..,,t OAKLAND PARK HANDICAP RAMP PEDESTRIAN RAMPS PEDESTRIAN RAMPS Sr af I' l Q fi:: I L> ,\ RAMP AT HANDICAP PARKING RAMP AT BULL NOSE STANDARD DETAILS CITY or OAKLAND PARK, BROWARD COUNTY. r LORIOA 410 of 413 C ITY OF O AKLAND P ARK, F LORIDA C ITY C OMMISSION AGENDA ITEM R EPORT AGENDA ITEM N O. 16 A MEETING DATE: 6/7/2017 PREPARED BY: City Attorney DEPARTMENT HEAD APPROVAL: CITY ATTORNEY SUBJECT: City Attorney Report for June 7, 2017 1. BACKGROUND/HISTORY 2. CURRENT ACTIVITY 3. FINANCIAL IMPACT 4. RECOMMENDATION ATTACHMENTS: Descr ipt ion June 7, 2017 Report Item # 16 A 411 of 413 {00183346.1 1869-0101480} 1 CITY ATTORNEY ACTIVITY REPORT CITY COMMISSION AGENDA June 7th, 2017 at 6:30PM AGENDA PREPARATION RESOLUTIONS: 1. Application by SELA, LLC for Conditional Use Approval of Scandals Saloon Restaurant (Development Order) 2. Police and Fire Pension Board Appointments 3. Unsafe Structures Board One Member 4. MPO Citizen Advisory Committee Member Appointment 5. Resurfacing of Area Impacted by Water Service Improvements 6. NW 36th Street Drainage Improvements 7. Reallocation of 42nd Year Community Development Block Grant Funds 8. Work Authorization for the development of plan for demolition and conceptual re-design of the WWTP Structures 9. A Resolution Authorizing the execution of a Second Amendment to Parking Waiver Agreement with AKB Realty, LLC ORDINANCES LITIGATION/ADMNISTRATIVE PROCEEDINGS: 1. Cornell Restaurant Ventures LLC, Pltf v. City of Oakland Park, (2) Def/ Case No. CACE 16-020346 (Appeal to Circuit Court/State) 2. Father Robert Caudill (All Saints Catholic Mission, Inc.) vs. City of Oakland Park (Case No. CACE 16011563) Judge: (04) Perlman –file responsive pleading to Amended Complaint. LITIGATION (monitoring) 1) Tatianna Oliver (petitioner) vs. City of Oakland Park (respondent)- Petition for Writ of Certiorari 2) Oakland Park adv. Nationstar Mortgage, LLC (Muir) – (foreclosure) 3) Oakland Park adv. McCormick 105, LLC (Walsh)- foreclosure 4) Racquet Club Of Fort Lauderdale Vs O&M Enterprises, Inc. (Quiet Title Action) 5) Aegis Properties of South Florida, LLC vs. City of Oakland Park Case Number CACE 17-004882 6) Federal National Mortgage Association vs. Allen, City of Oakland Park (foreclosure) 7) Bank of New York Mellon vs. Fedak, City of Oakland Park et. al CACE 17-000307 8) Us Bank Trust N.A. vs Capital One Bank/CACE-16-020292 (Foreclosure) 9) Bank of America, N.A. vs. Edward Lukas, et al./ CACE 2009-CA-068527 Item # 16 AAttachment #1 Page 1 of 2 412 of 413 {00183346.1 1869-0101480} 2 10) Oakland Forest Club Condo Assn vs. City Of Oakland Park/Cace-16-019943 (Foreclosure) 11) Brank Banking and Trust vs. Sara Roberts, City of Oakland Park et al Case NO. 16- 017878 (foreclosure) 12) Federal National Mortgage vs. Raymond Keown, City of Oakland Park et al Case No. 16- 007734 (foreclosure) 13) Pacific Union Financial, LLC vs. Johnson , City of Oakland Park, et al Case No. 16- 009385 (foreclosure) EEOC 1) Lynn Gervasi (pending) MUNICIPAL PROSECUTIONS 1) Ongoing- (7 Pending Cases, 8 Capias) MISCELLANEOUS 1. City of Oakland Park/ Ocean Bay Construction 2. Clorese Cooley Termination BOARDS • Attendance at Code Enforcement Board • Attendance at Unsafe Structures Board • Attendance at P&Z Board • Attendance at Historic Preservation Board • Attendance at Board of Adjustment Item # 16 AAttachment #1 Page 2 of 2 413 of 413