EXHIBIT A SCOPE OF SERVICES. Demolition & Removal Services for Crosstown Parkway from Manth Lane to SR-5 / US-1

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1 EXHIBIT A SCOPE OF SERVICES Demolition & Removal Services for Crosstown Parkway from Manth Lane to SR-5 / US The purpose of this agreement is to retain the Vendor for three years to provide demolition, cut and reface and/or removal services necessary to clear rights-of-way and other project specific Department-owned properties along and adjacent to Item/Segment No B-04, Crosstown Parkway from Manth Lane to SR 5/US 1, City of Port St. Lucie, St. Lucie County, Florida. The Department shall authorize services based on need and availability of budget. No minimum amount of work is guaranteed under this contract and improvements to be demolished or removed cannot be identified at this time; quantities are undefined and indefinite. 2.0 The Department s Project Manager, or designee, will be administering the terms of this Agreement. In this person s temporary absence from the office, the Department shall authorize another individual to perform Project Manager duties. Additionally, the Department may replace this individual as the Project Manager during the term of this agreement by written notification to the Vendor. 3.0 The Vendor shall demolish and/or remove (see Definitions under 3.3. and 3.4.) from authorized parcels any real property, fixtures to real property and personal property as authorized by the Department (see Definitions below). All structures must be removed. Concrete foundations and slabs must be removed unless authorized by the Project Manager to remain. If concrete slab floors or foundations lie across the right of way line and are to be partially removed, they must be cut at the right of way line by appropriately licensed personnel. 3.1 Whether combustible or non-combustible, NO MATERIAL WILL BE PERMITTED TO REMAIN ON THE SITE. No pipe, rebar or any other material is to be left protruding from the ground. 3.2 All materials removed from buildings, portions of buildings or any other items shall be removed from the site daily unless otherwise allowed by the Project Manager. During the demolition process, any debris left on-site, with Project Manager permission, shall be placed on the rear of the property or as far away from pedestrian traffic as possible. The Vendor is to ensure that sites are leveled and backfilled to adjacent ground level. Any fill required must be furnished by the Vendor and must be clean, compactable fill. All disturbed areas must be graded and raked free of debris. 3.3 Demolition is understood to include the complete teardown of all improvements, abandonment and capping of wells, crushing and filling of septic tanks, and leaving the parcel leveled and clear of all types of improvements. A 1 of A 6

2 3.4 Removal is understood to mean the physical relocation of improvements to an approved site. Removal includes breaking up and hauling away foundations and slabs, as authorized, removal of septic tanks and removal of all on site debris so as to leave the parcel leveled and clear of all types of improvements. 4.0 The Vendor shall dispose of all materials in a safe and efficient manner in accordance with all local, state and federal regulations. When tree removal is necessary, the Vendor shall be responsible for adhering to local tree removal ordinances. All necessary precautions are to be taken and are the responsibility of the Vendor. When structure removal or demolition has commenced and any part of the structure must be left standing or debris remains on the property at the conclusion of a workday, the Vendor must secure the area so that no safety hazard is present. The Department assumes no liability for any equipment left on site. 5.0 The Vendor shall fill all holes or cavities with clean compactable fill, so as to leave the premises in a clean, safe and sanitary condition. The area shall be scraped to provide a uniform grade throughout. 6.0 The Vendor shall furnish, including but not limited to, all labor, equipment, supplies, materials and expertise as necessary to carry out this Agreement. 7.0 The Vendor will, at its own expense, obtain all required permits from the city, county, state, or other public authority. 8.0 It is imperative that the Vendor begin work on the date specified in the NESHAP (National Emissions Standard for Hazardous Air Pollutants) notice to the Florida Department of Environmental Protection (FDEP) and/or the appropriate responsible agency for a given locality, in accordance with 40 Code of Federal Regulations (CFR) Part 61, Subpart M. The Vendor shall be responsible for the filing of the NESHAP notice, whether or not asbestos-containing materials are present in the building to be demolished. The notice shall be delivered by hand, certified mail or at least ten working days prior to beginning work and proof of proper delivery must be submitted to the Project Manager within five (5) business days of such delivery. 9.0 No structure purchased from the Department (through this contract or by other means) may be moved or relocated within the Department s right of way, unless so authorized in writing by the Project Manager. The Vendor shall notify the Project Manager, in writing, of the proposed site for relocation of any building or other improvement covered by this Agreement. The Project Manager shall have the unqualified right to approve or reject the proposed site for relocation if the site is within the area of a proposed right of way or a contemplated highway or other improvement of the Department. Further, the Vendor shall not place or relocate any such improvements in a location unless and until written approval to do so has been received from the Project Manager. A 2 of A 6

3 10.0 The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers for the protection of the traveling public and workers, as well as for safeguarding the work area in general, shall rest with the Vendor. The traffic control devices, warning devices and barriers shall be erected by the Vendor prior to any necessary re-routing of traffic. The Vendor shall immediately remove any devices or barriers that do not apply to existing conditions The responsibility of installation and maintenance of adequate traffic control devices, warning devices and barriers for the protection of the traveling public and workers, as well as to safeguard the work area in general, shall rest with the Vendor. The traffic control devices, warning devices and barriers shall be erected by the Vendor prior to the creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Vendor shall immediately remove, turn or cover any devices or barriers that do not apply to existing conditions Traffic control devices, warning devices and barriers shall be kept in the correct position, properly directed, clearly visible and clean, at all times. Damaged, defaced or dirty devices or barriers shall immediately be repaired, replaced or cleaned by Vendor The Vendor shall provide trained, Department-certified flaggers to direct traffic where one-way operation in a single lane is in effect and in other situations the Project Manager deems applicable The Vendor shall conduct operations in such a manner so that no hazard will result due to the requirements of this section, and the language in this section shall in no way act as a waiver of any of the terms of the liability of the Vendor or his/her surety The Vendor and subcontractors shall limit all operations, including the parking of vehicles, to the area acquired by the Department for the specified parcel. Underground utilities and property of abutting owners shall be respected at all times. The Florida Utility Notification Center ( ) must be contacted prior to beginning any excavation work to obtain the location and depth of any utilities that may be located in the work area. A 3 of A 6

4 11.0 The Vendor shall cap all on-site water systems in accordance with current rules and regulations. A representative of the Department must be present for inspection when this work and all other work listed in this section is performed. There are no exceptions. An appointment may be made by contacting the Project Manager WELLS: All wells must be abandoned by the Vendor in accordance with Florida Department of Environmental Protection Rule , Florida Administrative Code; Section , F.S.; Section , F.S.; Section , F.S.; and Section , F.S SEPTIC TANKS & LIFT STATIONS: Septic tanks and lift stations must be pumped out and removed, unless otherwise directed by the Project Manager. Removal by the Vendor shall be done in accordance with all applicable local, state and federal laws, rules and regulations. Existing sewer systems, manholes, etc. are to be left intact and undamaged Prior to demolition of any building, the Vendor shall remove and dispose of the following items at no additional charge to the Department: 12.1 All mercury containing products, including but not limited to fluorescent light bulbs (4 ft., 8 ft., U-tube, circular, and compact fluorescence), high intensity and metal halide bulbs, mercury containing thermostats, and mercury containing wall and light switches; 12.2 All lead and cadmium products, including but not limited to batteries encountered in emergency lighting, exit signs, security systems, and alarms; 12.3 All products containing PCBs, including but not limited to, lighting ballasts; 12.4 All freon-containing products including, but not limited to air conditioners and refrigerators; and 12.5 All radioactive materials including, but not limited to, smoke detectors. Such items are to be disposed of in accordance with all applicable local, state and federal laws, rules and regulations Receipts documenting proper disposal of all such items shall be required to complete all demolition activities Should water be necessary, it must be furnished by the Vendor from an outside source (e.g., water truck, fire hydrant, or a temporary meter obtained from a utility agency). Electric service must be obtained from an outside source (e.g., a generator or the erecting of a temporary pole). All costs incurred are the responsibility of the Vendor. Approval and permits must be granted from respective agencies and/or utility providers to the Vendor. A 4 of A 6

5 14.0 The Vendor shall require that only authorized personnel shall be allowed on the job site The Vendor shall provide a notarized affidavit stating all motor vehicles he/she operates or causes to be operated are registered in compliance with Chapter 320, F.S The Vendor shall comply with all work requirements found in the Detailed Scope of Services - Demolition and Removal (Attachment AA ) The Vendor will comply with the regulations of the United States Department of Transportation relative to nondiscrimination in federally-assisted programs of the United States Department of transportation (49 CFR Part 21, hereinafter referred to as the Regulation and 41 CFR Part 60), which are herein incorporated by reference and made a part of this Agreement. The Vendor further agrees to comply with all provisions of the Davis-Bacon Act, 29 CFR, Parts 1, 3 and Services to be provided by the Vendor under this agreement shall be initiated and completed as directed by the Project Manager for each work authorization (LOA). The demolition or removal work to be performed by the Vendor shall not begin prior to receiving an LOA from the Department and all work shall be completed within the timeframe set forth in the LOA. It is imperative that the Vendor begin work on the date specified in the NESHAP (National Emissions Standard for Hazardous Air Pollutants) notice to the Florida Department of Environmental Protection (FDEP) and/or the appropriate responsible agency for a given locality, in accordance with 40 CFR Part 61, Subpart M. The Vendor shall be responsible for the filing of the NESHAP notice, whether or not asbestoscontaining materials are present in the building to be demolished. The notice shall be delivered by hand, Certified Mail or receipt must be submitted to the Project Manager within five (5) days of such delivery. Regardless of what may be indicated by a representative of the agency responsible for asbestos oversight, ten (10) working days notice is the minimum that must be given. Failure to comply with this requirement will be considered to be non-performance and may result in cancellation of this Agreement. Failure by the Vendor to complete the work, to complete the work on time, or to satisfy other obligations, will constitute a default and liquidated damages will be paid to the Department by the Vendor based on the schedule established in the Florida Standard Specification for Road and Bridge Construction. The parties agree that if the Department allows the Vendor to continue to finish the services, or any part thereof, after the expiration of time allowed, the Department s actions shall in no way act as a waiver of liquidated damages under this contract. The Vendor shall pay said sum to the Department not as a penalty, but as liquidated damages. A 5 of A 6

6 Costs resulting from retaining detours for an extended time and similar costs may be included in the additional amounts assessed as to actual cost. The additional daily assessment under this paragraph may not exceed an amount equal to the daily liquidated damage charge set forth in the contract. The Department shall assess liquidated damages in the same amount as set forth in the agreement for each day the Vendor fails to commence work on the date specified in the NESHAP notice. The Vendor is required to provide to the Department s Project Manager, or their designee, the green, return receipt card for each original and any revised NESHAP notice for each applicable LOA. Work must begin on the date specified in the notice. Work is defined for the purposes of this Agreement as the demolition and removal of items defined under each LOA. Contract Amount Daily Liquidated Damages Amount $50,000 and under $642 Over $50,000 but less than $250,000.$758 $250,000 but less than $500, $966 $500,000 but less than $2,500,000..$1,532 $2,500,000 but less than $5,000,000...$2,374 $5,000,000 but less than $10,000,000.$3,226 $10,000,000 but less than $15,000,000..$4,624 $15,000,000 but less than $20,000,000..$4,276 $20,000,000 and over.$7,864 plus of any amount over $20 million The Vendor will need to coordinate with the Department s asbestos consultant regarding the date that a wet demolition is to begin, as the asbestos consultant shall be responsible for air monitoring. Failure to comply with this step will result in the assessment of liquidated damages for each day the wet demolition is not monitored by the asbestos consultant. A 6 of A 6