Fort Walton Beach Council agenda — 07-23-13--special---alconese rezoning — reading text

plan shall show the proposed methods of ensuring safety and minimum interference with the normal flow of traffic. Submission of the Contractor' s safety and traffic plan( s) shall not relieve the Contractor of its sole responsibility and /or liability for injury to persons or damage to property caused by or attributed to the Contractor. Any necessary mainline, primary, and /or, service road, lane and / or ramp /interchange /intersection closures must be requested by Contractor and approved by the Project Manager at least two weeks prior to the closure. C. OTHER REQUIREMENTS 1. CONTRACTOR REGISTRATION: The Contractor must furnish Transfield Services proof of authorization to do business in the State and where required of licensure in any political jurisdictions in which the work is to be performed. Any required profession or trade license shall also be required 2. CONTRACT TERM: This contract shall have a term of ONE YEAR from the date the contract is executed by Transfield Services, unless otherwise noted in these contract documents. 3. LAW AND VENUE: The Contractor shall comply with all applicable Federal, State and Local statutes, laws, ordinances, rules and regulations. The venue of any judicial proceeding arising from this Contract shall be Henrico County, Virginia, The Contractor waives any and all defenses to a change of venue based upon forum non convenience or any other procedural theory. 4. PERMITS, FEES AND NOTIFICATIONS: The Contractor shall secure and pay fees Contract It 4600001084- Page 8 of 17  4.7. a' r associated with all permits required to perform the work. The Contractor will properly display, at or near the worksite, all required permits. S. PRESERVATION OF PROPERTY: The Contractor shall exercise care to avoid damage to all public and private property and facilities. Any damage to property shall immediately be restored to the previously existing condition. Transfield Services shall make no payment for such restorative work. Damage to essential signs ( stop, yield, one -way, etc.) shall be reported immediately. Transfield Services will repair essential signs at the Contractor' s expense. Should any non -essential sign suffer damage, the Project Manager, or designated representative, shall be notified no later than the end of that workday. The Contractor may repair or replace damaged non -essential signs; delineators, etc. within 7 days if approved by the Project Manager, or Transfield Services may repair or replace damaged non - essential signs, delineators, etc. at the Contractor's expense. The Contractor shall take care not to damage wildflower plantings, planted trees or shrubs. The Contractor shall replant or replace, at the Contractor' s expense any damage to such plantings. The Contractor shall use suitable precautions to prevent damage to underground and overhead structures and signs, including but not limited to: pipes, conduits, poles, wires, cables, roadway signs, delineators, fence, guardrail, land monuments, etc. 6. UTILITIES: The Contractor shall be responsible for the maintenance, protection and continuance of service for any utilities encountered in the performance of their work within the project limits for the duration of the contract. The Contractor shall notify SUNSHINE ONE CALL prior to digging within the right of way which could be affected by the work in accordance with the Underground Utility Damage Prevention Act, and all other applicable rules, laws and regulations. 7. INDEMNITY: To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Florida Department of Transportation ( FDOT) and Transfield Services it' s agents and employees from and against all injuries, claims, damages, losses and expenses, including but not limited to attorney' s fees, arising directly or indirectly out of the obligations herein undertaken or resulting out of operations conducted by the Contractor, the Contractor' s Subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such injury, claim, damage, loss or expenses is caused in part, by a party indemnified hereunder, except claims or litigation caused by or resulting from the sole negligence of the party indemnified hereunder. The parties agree that 1% of the total compensation paid to the contractor is specific r consideration for the contractors indemnify agreement and the parties further agree e that 1% is included in the contract amount. M aN 8. INSURANCE REQUIREMENTS: Without any way limiting contractor' s liability under this LL agreement, the Contractor, prior to execution of the Contract by Transfield Services, o shall furnish evidence to Transfield Services that the Contractor has in force during the duration of the contract the types and amounts of insurance noted below. Failure of the Contractor to continuously maintain all required insurance in force for the duration m of the Contract shall be grounds for contract termination. All insurance must be provided by companies authorized to do business in the State of Florida and with an A. M Best " rating" of A. Contract p 4600001084- Page 9 of 17 Pam  F- 4-1. a GENERAL LIABILITY: The Contractor shall have Commercial General Liability Insurance. The limits of coverage shall be no less than $ 1, 000,000. DOT and Transfield Services are to be named additional insured with respect to General Liability Coverage. WORKER' S COMPENSATION: The contractor shall have Worker' s Compensation and Employers Liability Insurance in accordance with the laws of the State of Florida in amounts and limits required under State law, sufficient to secure the benefits of the Florida Worker's Compensation Law for all Contractor' s employees as required by Statute. The Contractor shall ensure that the employees of all sub -contractor's of any tier are covered by Worker's Compensation Insurance, in accordance with the Laws of the State of Florida. A certified copy of the Contractor' s current Workers Compensation Insurance Experience Modification Factor ( EMF) shall be submitted to Transfield Services along with proof of insurance. VEHICLE LIABILITY: The Contractor shall have vehicle liability insurance with limits of coverage shall be no less than $ 500,000 Combined Single Limit. DOT and Transfield Services are to be named as additional insurance with respect to vehicle liability coverage. The Contractor shall ensure its vehicles are properly registered in Florida, if applicable. All policies shall contain waiver of subrogation clause in favor of Transfield Services and DOT. The policy shall provide for "following form' under the Contractor' s primary insurance coverage. The Certificate of Insurance shall provide that the coverage evidenced therein may not be m2 cancelled or materially changed without at least 30 days written notice in advance to Transfield Services, attn: Contracts Department, 313 W. James Lee Blvd, Crestview, FL 32526, Fax 850 -398- ry 8594. d 0 9. SAFETY AND HEALTH STANDARDS: The Contractor shall have in effect a formal, documented safety program which meets or exceeds the Federal Occupational Safety n and Health Act (OSHA) regulations and /or Florida State specifications, whichever is more c restrictive. o Each vehicle involved in the operations (including those vehicles used for supervision) shall be equipped with a rotating or high intensity amber strobe light, visible from all directions. These lights shall be used only when required in the course of the work and shall not be used when traveling to and from the job site. The Contractor shall perform all work, including the operation of equipment, in a manner which will not endanger the health, life or safety of individuals at the work site or the users of the highway facility. The Contractor shall also comply with applicable sections of OSHA regulations and Department of Transportation Accident Prevention Procedures Handbook ( latest edition). In circumstances of conflict with the Federal Safety and Health Standards, the more restrictive requirements will apply. While working on Transfield Services projects, the Contractor' s employees and Subcontractor' s employees of any tier, including supervisory employees, shall wear, as a minimum, American National Standards Institute (ANSI) Z 89. 1 approved hard hats, approved reflective vests or equivalent high visibility (and reflective if working after dark) clothing, and if appropriate, ANSI Z 41. 1991 approved footwear. Contractor shall also use any other appropriate personal protective equipment which may be required for specific tasks. Contract # 4600001084- Page 30 of 17 Pa 7  4.t. a Transfield Services Mandatory Safety Rules ( MSR' s) are as follows: Always verify and tag or lock all energy isolations Never remove another person' s Danger Tag or Personal Lock without written authorization Always operate equipment and machinery within defined limits Never begin a skilled task or operate equipment and machinery unless qualified Always obtain authorization before entering a confined space Always protect against falling where you can fall more than 6 feet/ 2 meters Never work or travel under a suspended load Always wear seatbelts when a vehicle is in motion Never consume or be under the influence of alcohol or illicit drugs while at work Always wear proper safety gear Always safety plan the work The MSR' s are a requirement of this contract or agreement and Contractor agrees that it, its