HomeMy WebLinkAboutDocumentation_Regular_Tab 15_2/11/2021Agenda Item #15.
Regular Council
STAFF MEMO
Meeting: Regular Council -Feb 11 2021
Staff Contact: Matthew Hammond, Utilities Department: Utilities
Director
Authorize Piggyback Agreement with Centerline Drilling, Inc. for Water Supply Well Rehabilitation
The Utilities Department, throughout the year, has a need to complete rehabilitation activities on the
11 surficial (shallow) aquifer wells. These activities can include brush cleaning, acidization, air
surging, development, chlorination, etc. Well rehabilitation ensures the Village achieves the longest
life and highest performant of its investment into production wells.
To ensure the lowest possible price, staff is recommending that the Village piggyback the current
City of Coral Springs contract that was awarded to Centerline Drilling, Inc. This selection by Coral
Springs was completed through a competitive selection process — Water Supply Well Rehabilitation -
Term Contract (Bid #16-B-062F — May 10, 2016). The original term of the agreement extended
through July 30, 2018 which the City of Coral Springs has subsequently exercised renewal through
July 30, 2022
Piggyback contracts are a form of intergovernmental cooperative purchasing in which an entity is
extended the pricing and terms of a competitively awarded contract by another federal, state or
municipal government. When used correctly, piggyback contracts can save Village time and
resources and leverage spending through economies of scale. Utilities Staff reviewed several
piggyback options with multiple contractors and found the pricing and scope of the City of Coral
Springs contract to be very competitive with a reputable local contractor.
If approved, the Village would accept Centerline Drilling's pricing by piggybacking the City of Coral
Springs contract including all terms, conditions and pricing therein. The term of the contract is set to
expire on July 30, 2022.
Authorize piggyback agreement with Centerline Drilling, Inc. for Water Supply Well Rehabilitation.
Proposed Agreement - Water Supply Well Rehabilitation - Centerline Drilling, Inc.
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Agenda Item #15.
The following documenti*s presented in a non=
ADA compliant format. Please contact the
Village Clerk's office if you would like to
receive an ADA compliant version of this
document.
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Agenda Item #15.
VILLAGE OF TEQUESTA
AGREEMENT FOR WATER SUPPLY WELL REHABILITATION SERVICES
THIS AGREEMENT FOR WATER SUPPLY WELL REHABILITATION
SERVICES ("Agreement") is entered into and effective this day of February, 2021, by
and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices
located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with
the laws of the State of Florida, hereinafter "the Village"; and CENTERLINE DRILLING, INC.,
a Florida corporation with offices located at 1696 Old Okeechobee Road, 3 C, West Palm Beach,
Florida 33409, hereinafter "the Contractor", and collectively with the Village, "the Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide, on an as -needed work order basis, certain water supply well
rehabilitation services and repairs, including but not limited to brush cleaning, acidization, air
surging, development, and chlorination. The Parties agree to enter into this Agreement and
piggyback for water supply well rehabilitation services and repairs at the unit prices described in
the Agreement between the City of Coral Springs and Centerline Drilling, Inc. for Water Supply
Well Rehabilitation ("City of Coral Springs Contract") awarded through Bid No. 16-B-062F. Said
contract, including its terms, conditions, specifications, and attached Exhibits and Amendments,
are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". The
Contractor's authorization to piggyback on the City of Coral Springs Contract and attached
Exhibits and Amendments is hereby fully incorporated into this Agreement and attached hereto as
Exhibit "B".
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the unit prices provided in the Contractor's Response to Bid. No. 16-B-062F,
as listed in Exhibit "A". The Parties hereby agree to the Village's purchase of supplies and/or
services in greater or lesser amounts than estimated in the City of Coral Springs Contract, as
referenced by the Contractor's Response to Bid. No. 16-B-062F in Exhibit "A".
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3. TERM; TERMINATION; NOTICE: Pursuant to the City of Coral Springs
Contract, the original contract term expired on July 30, 2018. Coral Springs subsequently renewed
the original contract for two (2) additional two-year terms, through the First and Second
Amendments to the City of Coral Springs Contract, extending the term until July 30, 2022. The
Village may terminate this Agreement for convenience upon seven (7) calendar days written notice
to the Contractor. In addition, the Village may terminate this Agreement for cause if the Contractor
is in default of any of the Agreement's terms, obligations, restrictions, or conditions, and so long
as the Village terminates in accordance with the following procedures — If the Village provides the
Contractor written notice of the Contractor's default and five (5) calendar days thereof to correct
or take action to correct such default, and if the Contractor subsequently fails to timely correct the
condition of the default or if the default is not remedied to the satisfaction and approval of the
Village, the Village shall have all legal and equitable remedies available to it, including but not
limited to termination of this Agreement for cause, in which case the Contractor shall be liable for
all costs and damages arising from the Contractor's default as permitted by law. Notice shall be
considered sufficient when sent by certified mail, return receipt requested, to the Parties during
regular business hours at the following addresses:
Village
Contractor
Village of Tequesta
Centerline Drilling, Inc.
345 Tequesta Drive
1696 Old Okeechobee Road, 3C
Tequesta, FL 33469
West Palm Beach, FL 33409
Attn: Matthew Hammond,
Attn: John Say, Jr.,
Utilities Director
President
4. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name
the Village as an "additional insured" on the liability portion of the insurance policy.
5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village, its agents, servants, and employees, from and against any claim, demand
or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act,
conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
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interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28, Florida Statutes.
6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 2 8 7.13 2-13 3,
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes.
7. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agrees that this Agreement is not a contract for employment and that no relationship
of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
S. INSPECTOR GENERAL: Pursuant to Sections 2-421 2-432 of the Palm Beach
County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate
municipal matters, review and audit municipal contracts and other transactions, and make reports
and recommendations to municipal governing bodies based on such audits, reviews, or
investigations. All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general's functions, authority, and power. The inspector
general has the power to take sworn statements, require the production of records, and to audit,
monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
misconduct, and abuses.
9. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in
compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1,
2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of all newly hired workers; and (2) verify that all
of the Contractor's subconsultants performing the duties and obligations of this Agreement are
registered with and use the E-Verify System to electronically verify the employment eligibility of
all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit
stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized
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Alien, as that term is defined in Section 448.095 (1)(k), Florida Statutes, as may be amended. The
Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the
duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the subconsultant
and the Contractor shall immediately terminate its contract with the subconsultant. In the event of
such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
10. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
$1 M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it
does not have business operations in Cuba or Syria, as similarly provided in Section 287.135,
Florida Statutes. The Village may terminate this Agreement at the Village's option if the
Contractor is found to have submitted a false certification as provided under Section 287.135(5),
Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created
pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this
Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been
engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes.
11. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal.
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12. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
13. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
14. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
15. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes.
A Contractor who fails to provide the public records to the Village, or fails to make them available
for inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed except as authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the Contractor does not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
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confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village, upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT
lmcwilliams(&,tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
16. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
Agreement.
17. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
18. WAIVER: No waiver by the Village of any provision of this Agreement shall
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
19. ENTIRE AGREEMENT: This seven (7) page Agreement, including any
Exhibits, constitutes the entire agreement between the parties; no modification shall be made to
this Agreement unless such modification is in writing, agreed to by both parties and attached hereto
as an addendum to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES:
ATTEST:
Lori McWilliams, MMC
Village Clerk
CENTERLINE DRILLING, INC.
By: John Say, Jr., President
(Corporate Seal)
VILLAGE OF TEQUESTA
By: Abigail Brennan, Mayor
(Seal)
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EXHIBIT A
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Agenda Item #15.
AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS AND CENTERLINE
DRILLING, INC, FOR WATER SUPPLY WELL REH BILITIATI N
THIS AGREEMENT, made and entered into this � day of _ . 2016 by
and between:
CITY OF CORAL SPRINGS
1 west Sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "OVVNER"t
AND
CENTERLINE DRILLING, INC.
1696 Old Okeechobee Road
West Palm Beach, Florida 33409
(hereinafter referred to as "CONTRACTOR")
WITNESSET :
IN CONSIDERATION of the mutual covenants and conditions as herein expressed and
f the faithful performance of all such covenants and conditions, the parties do mutually agree as
follows;
A TICI N 1
THE CONTRACT DOCUMENTS
1.1 The Contract Documents, attached hereto and made a part hereof, consist of the
Invitation to Bid, Instructions to Bidders, Construction Services General Conditions,
Drawings, Plans, Specifications, Bid Form, CONTRACTOR'S Bid (including
documentation accompanying Bid and post Bid documentation submitted prior to the
Notice of Award), Qualifications Statement, Contract, Addenda, the record of the
Contract award by ONER!S City Commission, the Notice of Award, and any additional
documents which are required to be submitted under the Contract, and all amendments,
modifications and supplements issued on or after the effective slate of the Contract.
ARTICLE
SCOPE OF THE WORD
2.1 CONTRACTOR shall fumish on as needed basis, all materials, equipment, tools and
labor and incidentals necessary to perform certain water supply well rehabilitation
services and repairs, as authorized through periodic purchase orders/work orders issued
by the City in writing, subject to and in accordance with the terms, conditions and
provisions of the Contract Documents. The CONTRACTOR shall perform the work
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complete, in place, perform tests where applicable, and ready for continuous services, and
is fully responsible for repairs, replacement, and restoration required as a result of
damages caused during construction and agrees to provide said services in accordance
with the terms and conditions of this Agreement.
ARTICLE
TERMS
,1 This Agreement will com aence on date of award and shall terrninate on July 30, 2018,
unless otherwise terminated pursuant to Section 18 of this Agreement. The CITY
reserves the right to renew this contract for two 2 additional two 2 year periods based
on CONTRACTOR'S acceptable level of performance and approved and available
funding.
3.2 The CITY also reserves the right to remove specific locations on a temporary or
permanent basis, as may be required. This removal will reduce the invoice amount from
the contract amount for this specific location(s) on the next invoice submitted for
payment.
3.3 The CITY also reserves the right to add specific locations on a temporary or permanent
basis, as may be required. The CITY representative will contact the CONTRACTOR
ACT
responsible for the area impacted by the additional property. The CONTRACTOR will
be required to provide the CITY a reasonable and fair cost for services for the additional
property. The cost of service for the additional property must be the same as or similar to
similar areas as designated in the Agreement. If no section of this Agreement contains a
comparable area to the additional property, the cost of service for the additional property
must be reasonable and fair. Final cost for service and final ward of the additional
property and the total number of servicing will be determined by the CITY and will be
based on the cost of services supplied by CONTRACTOR and the availability of funds.
I _A I Col P WA!
COMPENSATION
4.1 CITY agrees to pay to CONTRACTOR for services as per prices listed in Exhibit "A"
4.2 All payments for services shall be in accordance with the unit cost as designated in
CONTRACTOR'S response to Bid No 16- -0 2F, Exhibit "A�1. Invoices shall be
submitted to the Department of Public Works, City of Coral Springs, 9551 west Sample
Road, Coral Springs, Florida 33065, Attention: Najla Zerrouki, Civil Engineer, Public
Works,
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Agenda Item #15.
ARTICLE
RECORDS AND AUDIT
.1 CITY reserves the right to audit the records of CONTRACTOR relating to this
Agreement any time during the performance and tern of the Agreement and for a period
of three years after completion and acceptance by CITY. If required by CITY,
CONTRACTOR shall agree to submit to an audit by an independent certified public
accountant selected by Cr Y, CONTRACTOR shall allow CITY to inspect, examine
and review the records of CONTRACTOR at any and all times during normal business
hours during the terra of this Agreement.
5.2 CONTRACTOR agrees that it shall keep accurate and complete records with regard to all
services as proposed hereunder. All original records related to the services provided
under the terms of this Agreement are the propel of CITY and accordingly those
records are subject to the Florida public Records Law.
5.3 CONTRACTOR shall preserve and make available for inspection by CITY personnel, or
by personnel duly authorized by CITY, computer data and other records related to the
services provided under this Agreement. The records will be made available during
normal business, hours upon twenty-four hours' notice by the CITY.
.4 CONTRACTOR understands, acknowledges and agrees that it shall, pursuant to Section
11 , 0 01, Florida Statutes, as mended from time to time,, do the following:
g
.4.1 Deep and maintain public records that ordinarily and necessarily would be
required by CITY in order to perform the same service being rendered within this
Agreement;
.4.2 Provide the public With access to public records and at a cost that does not
exceed the cost provided within Chapter 119, Florida Statutes, as mended from
time to time, or as otherwise provided for by law;
5.4.3 Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law; and
5. .4 Meet all requirements for retaining public records and transfer, at no cost,
to CITY all public records in possession of CONTRACTOR upon termination of
this Agreement. Further, CONTRACTOR shall 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 CITY in
format that is compatible with the then current CITY computer systems.
5.5 CONTRACTOR understands, acknowledges and agrees that CITYis required, pursuant
to Section 11 .001, Florida. Statutes, as amended from time to time, to ensure
compliance with, this section by enforcing the terms of this Agreement. As a result of the
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foregoing, any violation of this section shall be a material breach and this Agreement
may he terminated by CITY without any penalty.
5.6 Prior to termination, CITY shall give Witten notice to CONTRACTOR R that it is in
violation of this section. CONTRACTOR. shall have fire business days to cure a
violation of this section.
5.7 Notwithstanding any other provisions in this Agreement to the contrary, CONTRACTOR
shall be liable for any and all damages, including but not limited to, consequential and
incidental damages, that may arise out of breach of this section of the Agreement.
ARTICLE
CONFLICT OF INTEREST
.1 CONTRACTOR covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with this Agreement has any personal fmancial
interests, direct or indirect, with CITY. CONTRACTOR further covenants that, in the
performance of this Agreement, no person having such conflicting interest shall be
employed. Any such interests, on the part of CONTRACTOR or its employees, must be
disclosed writing to CITY.
6.2 CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the
City of Coral Springs, Broward County and the Mate of Florida, Chapter 112, Florida
Statutes o l , as amended, and agrees that it Will fully comply in all respects with the
terms of said lags.
6.3 CONTRACTOR warrants that it has not employed or retained any person employed by
CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or
agreed to pay, any public official or person employed by CITY any fee, commission,
percentage, brokerage fee or gift of any find, contingent upon or resulting from the award
of this privilege.
ARTICLE
ASSIGNMENT
.1 This Agreement is not assignable or transferable in whole or in part without the prior
expressed written consent of the CITY which consent cannot be unreasonably withbeld.
ARTICLE g
INDEPENDENT CONTRACTOR STATUS
.1 CONTRACTOR and its employees, volunteers and agents shall be and remain as
independent contractors and not agents or employees of CITY, with respect to all of the
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acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any gray be construed to create a partnership, association or any other kind of
joint undertaking or venue between the parties hereto.
ARTICLE
COMPLIANCE WITH LA��
.1 CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and
lam orders of the United States of America, Mate of Florida, City of Coral Springs and
of any other public authority, which may be applicable to this Agreement.
.ARTICLE 1
VENUE
10.1 Any claim, objection or dispute arising out of the terns of this Agreement shall be
litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida and the
prevailing party to any resultant judgment shall be entitled to an award of all reasonable
attorneys fees, interest and court costs incurred by such prevailing party against the
losing party including reasonable appellate attorney's fees, interest and taxable costs.
ARTICLE 1.1
GOVERNING LA
11;1 The validity, construction and effect of this Agreement shah be governed by the lavers of
the Mate of Florida.
ARTWIN, 1
PERMTS, FEES AND NOTICES
12.1 CONTRACTOR ACTO shall use its best efforts to obtain the necessary permits as soon as
possible after the Notice to Proceed is issued. Any delays in obtaining permits must be
brought to the attention of the CITY'S Purchasing Administrator without delay.
ARTICLE 1
INSOLVENCY
13.1 1n the event that either party shall become insolvent, make a general assignnment for the
benefit of creditors, suffer or permit the appointment of a receiver for its business or its
assets or shall avail itself of, or become subject to, any proceeding under the Federal
Bankruptcy Act or any other statute of any state relating to insolvency or the protection
of ruts of creditors, or become subject to rehabilitation, then, at the option, of the other
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party and immediately upon written notice, this Agreement shall terminate and be of no
further force and effect.
ARTICLE I
ENTIRE AGREEMENT
14.1 This Agreement contains the entire understanding of the parties relating to the subject
muter hereof superseding alI prior communications been the parties whether oral or
written, and this Agreement may not be altered, amended, modified ied or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant, term, condition or election but the same
shall continue and remain in ill force and effect.
ARTICLE 15
SEV RARILITY
15.1 Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the rernainl'ng portions or
provisions shall not be affected thereby.
ARTICLE 1
NONDISCRJMINATION AND E UAL OPPORTUNITY ITY MPL 1 ENT
16.1 During the performance of this Agreement CONTRACTOR shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex or
national origin. The CONTRACTOR will take affirmative action to ensure that
employees are treated during employment, without regard to they race, creed, color, or
national original. Such action must include, but not be limited to, the following:
employment, upgrading; demotion or transfer; recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The CONTRACTOR shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination
clause.
ARTICLE 17
CUMULATE REMEDIES
17.1 The remedies expressly provided in this Agreement to CITY shall not be deemed to be
exclusive, but shall be cumulative and in addition to all other remedies in favor of CITY
now or hereafter existing at law or in equity.
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ARTICLE 1
TERMINATION
18.1 Termination for Convenience. Upon seven calendar days written notice delivered by
certified mail, return receipt requested, to the CONTRACTOR, Cr17Y may without cause
and without prejudice to any other right or rennedy, terminate the Agreement for the
CI'TY'S convenience whenever the CITY determines that such termination is in the hest
interest of the CITY. where the Agreement is terminated for the convenience of the
CITY the notice of termination to the CONTRACTOR must Mate that the Agreement is
being terminated for the convenience of the CITY under the termination clause and the
extent of termination. Upon receipt of the Notice of Termination for convenience, the
CONTRACTOR shall promptly discontinue all wort at the time and to the extent
indicated on the Notice of Termination, terminate all outstanding sub -contractors and
purchase orders to the extent that they relate to the terminated portion of the Agreement
and refrain from placing farther orders and sub -contracts except as they may be
necessary, and complete any continued portions of the wort.
18.2 Termination for Cause. In the event CONTRACTOR shall default in any of the terms,
obligations, restrictions or conditions in the Contract Documents, the CITY shall give
CONTRACTOR written notice by certified mail of the default and that such default shall
be corrected or actions taken to cefreet such default shall be commenced within five (5)
calendar days thereof, In the event CONTRACTOR has failed to correct the conditi u s
of the default or the default is not Teethed to the satisfaction and approval of the Cam,
the CITY shall have all legal remedies available to it, including, but not limited to
termination of the Agreement in which case the CONTRACTOR shall be liable for all
procurement and reprocurernent casts and any and all damages permitted by law arising
from the default and breach of the Agreement.
ARTWIS 1
NOTICES
19.1 All notices or other conununications required by this Agreement shall be in writing and
deemed delivered upon mailing by certified mail, return receipt requested, to the
following persons and addresses:
CITY: Rich Michaud, Director of Public worts
City of Coral Springs
9551 west Sample Road
Coral Springs, Florida 33065
(954)
Page 7 of 1
Doc. 131053
Page 274 of 403
Agenda Item #15.
CONTRACTOR: John Say, Jr.
Centerline Willing, Inc.
1696 Old Okeechobee Road
West Palm Beach, Florida 33409
COPY TO: Angelo Salomone
Purchasing Administrator
City of Coral Springs
9551 west Sample Road
Coral Springs, Florida 3305
ARTICLE 20
PROGRESS PAYMENTS
0.1 The CONTRACTOR may requisition payments for work completed during the project at
intervals of not more than once a month in accordance with Article 13 of the
Construction Services General Conditions. The COI TRACTOR's requisition shall show
a complete breakdown of the project components, the quantities completed and the
amount clue, together with properly executed Releases of Liens by all subcontractors,
suppliers and rnaterialrnen who were included in the CO TTRACTOR's current and
previous applications for payment and any other supporting documentation as may be
required by the Contract Documents. Each requisition shall be submitted in triplicate to
the OWNER for approval. The OWNER shall make payment to the CONTRACTOR
within thirty 30 calendar clays after approval of the CO1 TRACTOR's requisition for
payment.
20.2 Ten percent 10% of all monies earned by the CONTRACTOR CTOR shall be retained by the
OWNER until the wort is totally completed as specified and accepted by the OWNER
except that after fifty percent 50% of the work has been completed, the OWNER may
reduce the retainage to five percent 5%of all monies earned.
2.3 The OWNER may withhold in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account o ;
20.3.1
20. 3.2
20.3.3
20.3.4
20.3.5
Doc. 131053
Defective work not remedied.
Claims filed or reasonable evidence indicating the probable filing of claims by
other parties against the CONTRACTOR.
Failure of the CONTRACTOR to make payment to subcontractors or
suppliers for materials or labor.
Damage to another contractor not remedied.
Liability for liquidated damages that has been incurred by the
CONTRACTOR.
Page 8 of 1
Page 275 of 403
Agenda Item #15.
20.3,E Reasonable evidence that the work cannot be completed for the unpaid
balance of the Contract Sure.
20.3.7 Reasonable evidence that the work will not be completed within the Contract
Time.
20-3.8 Persistent failure to carry out the work in accordance with the Contract
Documents.
When the above grounds are removed or resolved or the CONTRACTOR provides a
surety bond or consent of surety satisfactory to the OWNER, which will protect the
OWNER in the amount withheld, payment may be made in whole or in part.
ARTICLE 21
FINAL PAYMENT
21.1 Final payment, constituting the entire unpaid balance of the Purchase Order, shall be paid
by the OWNER to the CONTRACTOR in accordance with the provisions of Article 13
of the Construction Services general Conditions when the work has been completed, and
a final Certificate for Payment has been issued by the ENGINEER.
ARTICLE 22
MISCELLANEOUS PROVISIONS
22.1 Tenns used in this Agreement which are defined in the Construction Services General
Conditions of the Contract shall have the meanings designated in those Conditions.
22.2 The validity, construction and effect ofthis Agreement shall be governed by the lags of
the Mate of Florida. Any claim, objection or dispute wising out of this Agreement shall
e litigated rn the Seventeenth Judicial Circuit in and for Broward County, Florida,
22.3 Should any part, term or provision of this Agreement be by the courts decided to be
invalid, illegal r in conflict with any law f the State, the validity of the remaining
portion or provision shall not be affected thereby.
22#4 CONTRACTOR shall not assign or transfer the Contract or its rights, tale or interests
therein Without OWNER'S prior written approval. The obligations undertaken by
CONTRACTOR pursuant to the Contract shall not be delegated or assigned to any other
person or firm unless OWNER shall first consent in writing to the assignment. Violation
of the terms of this Paragraph shall constitute a breach of Contract by CONTRACTOR
and the OWNER may, at its discretion, cancel the Contract and all rights, title and
interest of CONTRACTOR. shall thereupon cease and terminate.
Page 9 of 12
Doc. 131053
Page 276 of 403
Agenda Item #15.
22.5 No guarantee 1s expressed or implied as to the total quantity of nn iiti F services t
be purchased under any open end contract. The CITY preserves the right to issue purchase
orders as and when required or issue a blanket purchase order for individual agencies and
release partial quantities or any combination of the proceeding.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Contract in
duplicate.
THIS AGREEMENT will be effective on 52016.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 10 of 12
Doe. 131053
Page 277 of 403
Agenda Item #15.
CITY OF CORAL SPRINGS., FLORA
Walter Cyr 6rdpKojgy�, Mayor
ATTES
Llh f6,w
UAW 19 Ir V -
Debra Thomas, CMC, City Clerk
APPROVED AS TO M:
Sherry Whitacre eputy City Attomey
Page 11 of 12
Doc. 131053
Page 278 of 403
Agenda Item #15.
CENTE INE DRILLING, INC,
State of:
bounty of.ffiaxul
O
n this, the day f , 2016, betbre me, the undersigned
Notary Public of the State of k 6C:2m......� the foregomng instnment was acknowledged
bymha (name of corporate officer), (title), of
. �,. name of corporation), state ofcorporation)
corporation, on bh f of the corporation.
WITNESS my hand
and official seal
Notary Public, State of
Printed, typed or stamped name of Notary Public
exactly as commissioned
❑ Personally known to me, or
❑ Produced identification:
(type of identification produced)
�tilllll�t� 19M DE 1
* "
�4fCOMMISSION # FF 97p20119
70
*�,.. EXPIRES: November 1
, 1 BMW Thru Notary Public Ur dwwr ters
Page 12 of 12
Doc. 131053
Page 279 of 403
Agenda Item #15.
CORAL SPRINGS
EVERYTHING UNDER THE SUN
DATE: May 25,2016 BID NO,: 1--0F
ADDENDUM NO, 1
WATER SUPPLY WELL REHABILITATION -TERM CONTRACT
. The bid opening date has delayed until further notice.
THIS ADDENDUM BE RETURNED WITH YOUR BID,
WHEN THE DUE DATE IS ESTABLISHED,
S*A-ru r
I C I X
Company
Q. /U7 za
[�l(p
Date
Leonardo Bermudez
Purchasing Agent II
CITY OF CORAL SPRINGS, FLORIDA a FINANCIAL SERVICES DEPARTMENT TMENT a PURCHASING DIVISION
1 W. Sample Road l * Coral Springs, FL 33065 * Coral p6ng .ar
Pharr-44-110 * Fax 954-344-1186 Page 280 of 403
Agenda Item #15.
CORAL SPRiNGS
- EVERYTHING UNDER THE SUN
---
DATE: June 1, 2016 BID NO.: 16-B-062F
ADDENDUM ENDUM .
WATER SUPPLY WELL REHABILITATION -TERM CONTRACT
. The attached documents are being made part ofthe addendum in response to Request for
Information.
2. bid opening date has delayed until June 8 2016, at : 0 P.M.
THIS ADDENDUM SHOUL2 BE RETURNED EI WITH YOUR BID,
DUE JUNE 81 01 AT 2:00 P.M.
Sip, lure
Cen�' i Y12 V,41.
Company
/90-12-
Date
Leonardo Bermudez
Purchasing Agent II
ITT OF CORAL SPRINGS, FLORIDA a FINANCIAL SERVICES DEPARTMENT TMENT * PURCHASING DIVISION
1 W. Sample Roach a Coral Springs, FL 33065 * CoralSp6ngs.org
Phone 4-344-1 1 * Fix 4-344-118
Page 281 of 403
Agenda Item #15.
ECKLER ENGINEERING, INC.
Dow
ADDENDUM NO, 2 Cate: June 1, 2016
TO THE CONTRACT DOCUMENTS Project Number: tuber: 5-.GE
Annual 1J el field Maintenance Bid Number r: 16-B-062F
City of Coral Springs
T: All Plan Folders
Gentlemen:
The following clarifications, changes, additions and/or deletions are hereby made a part of the
Contract Documents for the Annual Well Maintenance Contract dated Apfil 29, 2016 as fully and
completely as if this same were fully set forth therein:
i, SPECIFICATIONS
A. Section 01025, Articie 1.1 , A:
1. Question: Mat is the size of ool mn pipe's
Answer: A drawing of each well to be rehabilitated has been included with
this Addendum. The size of the column pipe is listed on the drawing for the
specific well to be rehabilitated. The depth of the current pump setting is
also shown on the drawings. The type of column pipe is PVC, erta-Lok
drop pipe as manufactured by Certainteed corporation. Certa-Lok drop pipe
couplings With gaskets and nylon splines as manufactured by Certainteed
Corporation are to be used.
. Question: What type and gouge of new power cable?
Answer: Each pump shall be provided with the properly sized,,
manufacturer's standard power cable, running from -the motor terminal
cable, neoprene coated, flat plug to the surface junction box. Cables shall
be sized for 1 % of the full load current of the motor,
The cable stall be 10 feet longer than the length required to reach the
terminals in the control panel. Cable shall be hot spliced at factory, where
required. Field spiking of motor lead cables to power cable will not be
permitted,
. The cable shall be armored in the area extending from the motor to one foot
above the pump discharge flange.
. The cable shall be secured to pump column at tern foot maximum intervals
using stainless steel straps.
�. The cable must meet all requirements of the National Electfic Code for
submerged cables.
Cdebmting our 30 th Year of Service to South Morida
Cam. SPRWW, FL MW FM O&VM R74 t
Page 282 of 403
Agenda Item #15.
Addendum Flo. 75-.GE
unel
..J.-2016 Bid No. - -06F
6. The horsepower and type of motor is shown on the diagram for each well
attached to this Addendum.
B. Section 01025, Article 1.1 - Post Microbiological Analysis
1. Question: What pre -microbiological analysis is required?
Answer: The pre -microbiological analysis shall Include bacterial
identificatfion, I PC, fecal coli or , total oofi arr , fungal count, and algae
tests. All analyses to be completed by Micrim Labs,
C. Section 02730, Article 3.12, Post Microbiological Analysis
t . CLARIFICATION: Post Microbiological Analysis should also include pre -
microbiological analysts of the well prior to the start of rehabilitation. This
Pre -microbiological analysis should Include HP , bacterial count, fecal
oli orm, total coliforrn count, fungal Identification, and algal tests, All tests
are to be completed by I i rim Labs,
All Bidders shall acknowledge receipt and acceptance of Addendum No. 2 by submftfing the Signed
Addendum wfth the Bld package. Proposals submitted without this Addendum will be considered
informal.
Page 283 of 403
agenda Item #15.
WE - L. L - . 5
Certs-Lok piping
ExMng 2W Steel Casins
DatMfn
35.80 NGVD D-00 Top of Flan
.; 11.55 NGVD 4 24' b!f 55TWebead
i - bl# Static Water Level
1
Tranyrducer
Well Pump
:f
-52.00 NGYD
67AW b1(
10attom of Transducer
Stta0nar
Motor
4y
j
/may NGVD
�a1l�r 174I
*
72. b11�i��
.�Y�
4
'T f
5
060.40 NGVD
76.2D' blf
bo tom of Motor
k
e
.
d
3
45440 NGVD
81 2V blf
Top of C r1
1
■
-73.60 RWD
89.6(' b1f
Bottwn of Casing
WELL DATA TAU
F=01M
U M
DESIGN GPM
TCrrAL DYMMC HEAD Irn
III
SPRI IC CAIPACM (6PMMI
3514
PUMP MWUFACtUKK
ODULDS
PUMP MWEL
RTNLC
NOMR MANUFACTURER
Hhuhl
IY OMR MODEI
14404S6
IMPEULER DIAME'Tn JIM)
$ 2
RP1A (AAA
26DO
HoltEEPU1hFElI
An
VOLTS/PHASE
mows
Y
1•, x
r
:. 11' SST Well 5crean
f
is Gravel Pack
r -
WELL hPlh%. GRAVEL AND SOON
COLUMN API GlrlMLUR r
GXAVELSIZE 3 RRtr�Nn
WELL SGRES��ZE l0'=0, 6A'= III3•�Ia#
.�5.4D NGVD tStY. gyp' bl Bottom of Slot Screen
Page 284 of 403
Agenda Item #15.
WELL 7
levation
Datums
tier
ILMM P
16 30 NGVD
000
Top of Flange
8 01 NGVD
9 29' b1f
SSTWellhead
3- 62f i
bif
Static Water Level
Certa-Lok Piping
EA stJ ng 2W Steel Casl nj
Transducer
:A
Well Pump
-088 WM
ED-18' bif
Bottom of Transducer
Strainer
Motior
46 88 NGVD
65.1f b1f
Pomp Intake
-51.88 NOVO
68 IV b1f
Bottom of Motor
t
WELL DATA TABLE
WELLNUMBU
7
DE51614,611M
70D
TOTAL DYNAMIC HEAD Irn
so
SKCIFICCAPAC" (GPMIM
3566
PUMP MANUF&-MREN
rNIDU=
PUMP mom
$11PULC
MOTOR VASUPACTURER
Kuehl
MOTOR MODU
14404S6
IMPELLER DiAMENIt JINJ
5 3r
IRPM wMi
NORSEPOWER
35
VEKTI/PHME
460
-56-68 NGVD 73. 10' b1f
-62.88 NGVD 79. 18' b1f
12'" SST Wel Screen
Gravel Pack
Top of Screen
Bottom of Casing
W w ELL PIPING, GRAVEL AND SCREEN
column PIPE DIAMEYEA
lomn P
r
Vt $12
GRAVEL $12f
I 44?arn
WELL SCREEN SLOT Stu
1w - 0- ShK 50 - 6D 414t
f. -126.88 NGVD 143.x8' bif Warn of Wslat Screen
Page 285 of 403
Agenda Item #15.
FWELL 12
11,8700 FOREST HILLS BL D _
a
S
erta-Lak piping
4
IIlSiFR$"Steel RnB y 4�
s� 3
Transducer
,a f
Well Pump
Motor " 7
M
x
r
travel Perk
1" SSA' Well Screen
WELL FIFA , GRAVEL AND CRM
DIAMETER
r
i
WE
T ,• I�•Slai� �D'» B6'�Rot
- IEI mation ,Datum �....�_.QCscr ikon
14.93 NGVD 0.00 Tap of Range
blf Static Water Lew
-65.97 NGVD 81.9i' bif Pump intake
-66.97 hGM $1. 0' b1f Bottom of Motor
-7&82 NM 85.7F b1f Top of Screen
-7&05 WGYD 93.98' b1f Bottom of CiWng
WEU DATA TABLE
NUflumm
22
I �YN MIC HEAD (FT)
I3
SPEOFIC ACnY JOPM0
f P MARfUFACIVNER
30.00
Goulds
PUMP MWEL
71V
#oTOR IMA�kNLIFACT1JitiEp
IiRx�ehR
1,A01'#!1� I MpREI
IRM PELUN IMAMETERI JIM)
N 6
606W
RRAR IMA
36
VOLTSIPPIM
-U6.07 N VD 131 W blf Bottom of Screen
sk1
Page 286 of 403
Agenda Item #15.
.Y:. w.�. "YL[�. -VIL: ,�: �f',�:r'rS ':.+r.-}-t : �� :. .i�a.�w:a.v7 tS, P' Ji ia�: '
_ .�
El ti D Datum i
WELL 13 14.69 NGVD D.00 Top Df Flange
3181 CORAL LADE LN
r .a
F
� a
#, _
Cerra-lak Piping
:i
E Wistir 3D" Steel Casing
Grout
5 ti
A
r
Transducer ,
S
j
r
i well Pump "+
a
Strainer ' •
Motor
l
i
r
� - 4
+J
$" PVC l.lner placed inside of 1 2' lap �.
pipe, since Ir lap pipe contains holes
s
} R
a * F
♦ *i
Craval Pack . 5
4
1 " 55T Well Screen 4 a. fit
g e�Vlr
F ii ll
WELL PIPING GRAVEL AND SCREEN
CCXUMN PIPE DIAMEFER
r
60AVEL SIEE
6114
WILL L SCREEN SILT SIZE
a � •�y r
I
F 14
1.31 NGVD .37` blf Static Water Level
-25.02 NGV0 AV #elf Bottom of Transdt r
-30 94 NGVD 45- t Wf Pump Intake
-34-32 NGVD 49W blf knom of Matar
-4115 NGV0 .83' blf Top of lap Pipe
-6 .15 NGVD 74-83' blf Top of Screen
-6111 N VO 77.79' b1f Bottom of CiWnj
WELL DATA TABLE
WEM NUMBER
13
raNOPM
sm
fiMAL MAR! DEAD (FT)
S
SRI`dFICC1PAWY lGR
27.17
PUMP MAWFAVURER
acums
KPMP MCIER
R MAM) URER
Hkathl
I
(MMUR btAMLFER (Ili)
606
RPM IMA1)
W
IER
%nLyr- HASE
460/3
-215.40 NGVD 130.00, blf Bottom of Screen
Page 287 of 403
Agenda Item #15.
�. ,i�r— sT=R•�.,.e� �cu-nrr�r rr�•r:� �• a•��•r.; .r..�.r:. �a . 'i^.fi#'�' V'�"' ='^ IV�_.r�YN�IY`'+M'. a4:L�� •1R'�]'114f �!
WELL
2400 RIVERSIDE DRIVE
A
I '
i
i
1
r
f3:O ' brf Ststic Water Lever
Certa-Lok Piping '
y
}3
f
ExWng 2W Steel
Coons
Grout .
3
New 16"' SCh. 40 PVC liner �
Y •
-t
Transducer ry
Well pun i
Strainer .� ` 1
motor � w
"
:x
• 4
'a
PVC Uner fits 8"-10" 1DV9F the exi tin8
1 " lap pipe allowing a " pp between
the lap pipe end ltiner.
• k k
k
^f
:r
GravelPack
1 " SST Well Screen •' � �
•
y
'�4:�"�^_1.'Lrf._F2_.'�u�_�i�Y':F�^h.C�`:7':-!�T�+ati9:�91CT•ti'.''.4�' ,.k."tc�Yir.. '�:d-�vii►'.'•'•.K.x:.x;y3r; .� ..¢ ^_ .t .
Elevation Datum Description
w w��w rrrrrr�a ��i I�r•
2433 NGVD 0.00 Top of Flange
WE11.PIPING, CRAVF-L AND SCREEN
COLUMN PIPE DIWMR
so
C MVEL
i2
WELL S[ EEN SLOT 329
f
� w
. r
Ff
.+
F
a+
4
-24.38 N&D . 2' b#f battom o(Transducer
-29.38 NGVD 44.3r b" Pump Intake
-32.56 NGVD 47.43' bIf Bottom of Motor
•37. 4 NGVO 52-1 r b1f Top Df Lap Pipe
•83 40 NWD 83.' blf Top of Screen
- 7.01 NGVD 91 W hlf Bottom of Gasbag
WELL DATA TABil
WELL NUMBER
17
DESIGN GPM
a�0o
TOTAL VMIIaIIC HEAD I
log
SPICINC ACM ISPM/M
2 0
PUMP MMUFACTUR t
Gauld$
PUMP MODEL
V -7-w
MMOR VAAWFACfAlA
TOR M0011.
Hl4AI
HU 6
IAAI�l1t��yyE DIAM R JIM)
547
FSIr POWER
�+OL7'�
46W3
•13q.03 NGVD 145.01' blf Bottom of Scmen
Page 288 of 403
Agenda Item #15.
ClTY OF CORAL SPRINGS, FLCililDA
SUBMIT 131D TO;
PU4SLrSWl7 i/ElON
8551 WEST SAMPLE ROAD
COR+4L, SPRiNW, FLORIDA 33()%
IPMTATION T4 BID
s"5
GENE CONDrWNS
�� '�TRLcr'0w AmSTAmARD FOR ALL S" FM c0mmwMEs'wRvcE$ mum
To THE WNTRAPM
BM Tw a �* W
m ft��� faoff �. 8 ft m, O
w ita
nwb. �� �� wWmW,M,w suIo
ft. SWww� kw*Atft SW im wd as any spsM uam
c=* wtth &Nbieio
d
I NSTWXTHM TO FRS:
BID NO.:
ENDS WILL BE OPENED : P* (EST)
,Mav2L
� comm"W folkm"
date wW *u.
w9&3erMwiw 964.344-i 101
TyPr=aMwrM NjV& s*
At1tFfQR€iFD AWN7': \
' '$&*� 4
334oq
PHONE too: l IF, --Oct s
SECURITY NUMBER OF EWDDER - 17
$weee"ft or aa,r any corpora ,lien
Of Rfsm subm"ng s 81d for #e same Mtnrncdi6W MrAces,
and is 6n ir11 e+esAects Tyr aW wftj�cwt aoNwian or fraud. E agree fa
PAP I of 5
,
. No Eld vdi be =, nor
%V OW
Contred be
L"n Is � dm"w by de# as
MW �WWMY*ors
mter.
3-2 AspwtofftWd&jAA*pjpr006s CjTf"My mldm
arrewrd dwrk by
C-wW SP*48 PO4W DOParbrMft EWdaes
Page 289 of 403
Agenda Item #15.
r"
submission of a Bid constitutes acknowiedgment of the
6.2 If the Bidder should be in doubt as to the meaning of any
process and consent to such investigation. CITY shall
be the sole judge in determining Bidders
of the Bid documents, or is of the opinion that the plans
qualifications.
and/or specifications contain errors, contradictions or
4. Tlrl F BID 11lIlTS
reflect omissions, Bidder shall submit a written requestE�AIII
directed to the Purchasing Division to be forwarded to
4.1 Before submitting a Bid, each Bidder must a examine
the appropriate person or department for interpretation
or clarification. interpretations or clarifications deemed
the Bid Documents thoroughly; (b) consider federal,
state and local laws, ordlnance , rules and regulations
necessary by the Purchasing Division in response to
such questions will be issued in the form of written
that may In any manner affect cost, progress,
performance, or provision of the commodities and/or
addenda, mailed to all parties recorded by CITY'S
Purchasing Division as having received the Bid
services; (c) study and carefully correlate Bidder's
observations with the Bird Documents, and d) notify
documents. The issuance of a written addendum by the
Purchasing Division shall be the only official method
Mrs Purchasing pivision of all conflicts, errors and
whereby such an Interpretation or clarification will be
discrepancies In the Bid Documents.
made.
4.2 The submission of a Bid will constitute an
7. PRICES BID
inoDntro erUble representation by Bidder that Bidder has
..�
complied with every requirement of this Article 4, that
without exception, the Bid Is premised upon performing
7.1
Prices shall be shown In both unit amounts and
extensions whenever
the services -and/or furnishing the commodities and
applicable. In the event of
discrepancies wasting between unit amounts and
material's and such . means, methods, techniques,
extension or totals, unit amounts shall govern.
sequences or procedures as may be indicated in or
required by the Bid Documents, gknd that the Bid
Documents are sufficient in scope and detail to Indicate
7.2
Discrepancies In the multiplication of units of work and
and convey understanding of all terms and conditions of
unit prices will be resolved In favor of the knit prices.
Discrepancies between the indicated sum cf any column
performance and furnishing of the goods and/or
of figures and the correct sum thereof will be resolved in
services.
favor of the correct sum.
S. SPECIFICATIONS
7.3
All applicable discounts shall be Included In the Bid price
.1 The apparent silence of the Specffcations as to any
for materials and services and Will be considered a
determining factors in recommending an award in case
detail, or the apparent omission from the Specifications
of tie Bids. Discounts extended to CITY shall include but
of a detailed description concerning any point, shall be
not be limited to those disoounts normally extended to
regarded as meaning that only the best commercial
governmental agencies as well as the private sector.
practice is to prevail and that only material and
workmanship of the finest quality are to be used. All
7.4
Chain discounts are not aooeptable and will not be
interpretations of the Specifications shall be made on the
basis of this statement.
considered in determining an award. Bidders may bid
only one 1 discount far each item on the Bid Form.
Firm discounts and prices are to be quoted for the term
5.2 For the purpose of evaluation, the Bidder must indicate
of the Contract.
any variance or exceptions to the stated Specifications
no matter how slight. Deviations should be explained in
detail. Absence of variations and/or corrections be
7.5
Bidder warrants by virtue of bidding that prices, terms
will
Interpreted to mean that the Bidder meets all the
and condition in the Bid will be firm for acceptance for a
period of ninety 90 calendar days frorn the date of Bid
Specifications In every respect,
opening unless otherwise stated by the CITY.
5.3 Anymanufacturers' names, trade names, brand names,
7.6
The Bid price shall Include all permit fees, royalties,
Information and/or catalog numbers used herein are for
license fees and other costs arising from the use of such
the purpose of describing and establishing a general
design, device or materials In any way Involved in the
standard of quality, performance and characteristics and
work as well as all costs of packaging, transporting and
arse not intended to limit or restrict competition. The
Bidder may offer any brand which meets or exceeds the
delivery to the designed location within the City of Coral
Specifications for any Items . If Bids are based on
Springs.
equivalent products, Indicate on the Bid Form the
B. OCCUPATIONAL
HEALTH & SAFETY
manufacturer's name and catalog number. Bidder shall
F
submit with his Bid complete and descripflve literature
8.1
Bidder shall comply with all State and federal standards
and/or specifications. The Bidder should also explain in
detail the reason(s) why and submit proof that the
and requirements regarding the transport, use,
Installation, disposal, generation, and/or delivery of any
proposed equivalent will meet the Specifications and not
toxic substance as defined therein.
be oonsider+ed an exception thereto. The determination
of equivalency shall nest solely with the CITY. if Bidder
g. SU
MV ISSION of BIDS
falls to name a substitute, it will be assumed that Bidder
is bidding on and will be required to furnish comrnodiVes
9.1
Bids shall be submitted at or before the time and at the
identical to Bid standards.
place indicated in the Invitation to Bid and shall be
. f1TBRPFETATIChl ID ADDENDA
submitted in a sealed envelope. The envelope shall be
clearly marked on the exterior "BID FOR (PROJECT
.1 To ensure fair consideration for all Bidders, CITY
TITLE) THE CiTY of CORAL SPRINGS, FLORIDA,
oPE ....(insert date given in invitation to Bid) and shell
prohibits communication to or with any department,
officer or employee during the submission
state the name and address of the Bidder and shall be
process
except as provided in Paragraph 6.2 below.
accompanied by any other required documents. No
re ponsiblitljr will attach to the Purchasing Division for
the premature opening of a Bid not properly addressed
and identified.
Page
Page 290 of 403
Agenda Item #15.
9.2 Bids must be typed or printed In ink. Use of erasable Ink
material and substantial mistake in the preparation of
its Bid, or that the mistake Is clearly evident on the
is not permitted. All blanks on the Bid Form must be
face of the Bid but the intended correct Bid is not
completed. Names must be typed or printed below the
similarly evident, then Bidder may withdrew its Bid
signature. Facsimile Bids wit/ not be accepted.
and the Bid Security Mill be retumed.
9.3 In accordance with Chapter 119 of the Florida Statutes
12.
REJECTION QF BIDS
(Public l eoords Law), and e=ept as may be provided
by other applicable state and federal law, all Bidders
should be aware that the invitation to Bid and the
12.1
To the extent permitted by applicable state and
federal laws and regulations, CITY reserves the right
responses thereto are in the public dornain. However,
the Bidders Ere requested ta lden#k s ffil
to reject any and all Bids, to waive any and all
any
information contained in their Bids which they consider
Informalities, Irregularities and technicalities not
involving price, time or changes in the cornrnodities
confidential and/or pmpfletary and which they believe to
be exempt from disclosure, citing specifically the
and/or services, and the right to disregard all
nonconforming, nonresponsive,
applicable exempting law.
unbalanced or
conditional Bids. Bids will be oonsidered irregular and
9.4 All Bids received from Bidders in response to the
may be rejected if they show serious omissions,
alterations in form, additions not called far, conditions
Invitation to Bid will become the property of the City and
will not be returned to the Bidders. in the event of
or unauthorized alterations or Irregularities of any
kind.
contract award, all documentation produced as part of
the contract shall become the exclusive property of the
12.2
i1Y reserves the right to reject the Bid of any Bidder
CITY.
if CITY believes that It would not be in the best
9.5 The submItted Bid shall constitute a firm offer on the part
interest of CITY to make an award' to that Bidder,
whether because the Bid is, not responsive or the
of the Bidder to furnish the commodities and/or services
Bidder is unqualified or of doubtful financial ability or
requested.
fails to meet any other pertinent standard or criteria
10 BID FORMS
established by CITY.
10.1 The Bid Form is included with the Bid Documents and
12.3
More than one Bid received for the same work from
an individual, firm, partnership, corporation or
must be used by the Bidder. Failure to do so may cause
association under the same or different names will not
the Sid to be rejected. The forms must be submitted In
be considered. Reasonable onable grounds for believing that
good order and all blanks must be completed.
any Bidder. Is interested in more then one Bid for the
10.2 The Bid must be signed. by one duly authorized to do so
same worts will cause the rejection of such Bids in
which the Bidder is interested. If there are reasonable
and In cases where the Bid is signed by a deputy or
subordinate, the prinelpal's proper written authority to
grounds for believing that collusion exists among the
Bidders,
such deputy or subordinate must accompany the Bid.
the Bids of participants In such volluslon will
not be considered.
10.3 Bids by corporations must be executed in the corporate
1 .
The foregoing reasons for rejection of Bids are not
name by the President or other corporate officers
intended to be exhaustive.
accompanied by evidence of authority to sign. The
corporate address and state of incorporation must be
1.
OPENING
shown below the signature.
10.4 Bids bypartnerships must be executed in the
13.1 Bids wili be opened publicly on the date and at
the loca#lon and time specified In the Invitation to Bid,
partnership name and signed by a general partner
Bids will be read aloud and an abstract of the amount
whose title must appear under the signature and the
of the base Bids will be made available after the
official address of the partnership must be shown below
opening of the Bid.
the signature.
11 MODIFICATION AND 1 lTHDRAWL OF BIDS
14.
BIDS TO REMAIN OPEN
11.1 Bids must be modified or withdrawn by an appropriate
14.1
All bids shall remain open for ninety (9 calendar
days after the day of the Bid opening, but CITY may,
document duly executed In the manner that a Bid
at Its sole discretion, release any Bid and return the
must be executed and delivered to the place where
Bid Security prior to that date.
Bids are to be submitted at any time prior to the
deadline for submitting Bids.A request for withdrawal
or a modification must be n writing and signed by
i
'1 .
Extensions of time when Bids shall remain open
beyond the ninety (90) day period may be made only
person duly authorized to do so and, in a one where
by mutual written agreement between the CITY, the
signed by a deputy or subordinate, the principal's
successful Bidder and the surety, If any, for the
proper written authority to such deputy or subordinate
successful Bidder.
must accompany the request for withdrawal or
modification. Withdrawal of a Bid will not prejudice
15.
AWARD F CONT fi
the rights of a Bidder to submit a new Bid prior to the
Bid date and tlrne. After expiration of the period for
15.1
If the contract is to be awarded, it will be awarded to
receiving Bids, no Bid may be withdrawn or modified.
the most responsible and responsive Bidder for the
11.2 If, within t ent -four ) fours after Bids are opened,
any Bidder files a duly signed written notice with CITY
base Bid whose evaluation by CITY Indicates to CITY
that the award will be in the best interests of the CITY
and within five () calendar days thereafter
and not necessarily to the lowest Bidder.
demonstrates to the reasonable setsfaction of CITY
by clear and convincing evidence that there was a
Page 3 of 5
Page 291 of 403
Agenda Item #15.
15.2 Criteriautilized by CITY for determining the most
Contract and for any renewal period unless subject to
respon 'ble and responsive Bidder includes, but Is not
price adjustment specified as a '"special condition"
limited to the foilowing:
hereto.
a Ability of Bidder to meet published
17.
NSURANCE
specifications.
b Bidder's experience and references including,
17.1 The insurance requirements contained In this Bid
represent the minimal protection necessary for the
but not limited to, the reputation, Integrity,
CITY as determined by the CITY's Risk Management
character, efficiency, experience, skill, ability
Coordinator. The successful Bidder shall be required
and business judgment of the Bidder, the
to provide proper proof of Issuance to the Purchasing
quality of performance of Bidder under
Division prior to award. No award will be
previous contracts, any sub -contractors and
recommended until a written determination Is made by
other persons providing labor or materials to
CJWs Risk Management Coordinator that the proof
Bidder.
of insurance submitted by the Bidder is acceptable
c Bidder's qualifications and capabilities,
from a Risk 1anage nt perspective. Further
rnodifi a#on of the requirements may be made at the
Including but not llrnfted to, the size, financial
sole discretion of the CITY if circumstances arr°an#p
history, strength and stability of the business
to perform the work of the Contract, the
18.
TES
possession cf necessary facilities and
equipment and the quality, availability and
18.1
The successful Bidder shall pay all applicable sales,
adaptability thereof to the particular use(s)
consumer use, and other similar taxes required by
required.
law.
(d) Whether Bidder can perform the Contract
19.
AUDIT l l l•iT
promptly or within the time specAed without
delay or interference.
19.1
The CITY reserves the right to audit the records of the
successful Bidder for the commodities and/or services
(e) Previous and existing compliance by Bidder
provided under the Contract at any time during the
with laws, ordinances, and regulations relating
performance and term of the Contract and for a period
to the oommodities or services.
of three ( year after completion and acceptanoe b
f Pace.
the CITY. If required by the CITY, the successful
Bidder agrees to subm it to an audit by an independent
15.3 If applicable, the Bidder to whom award is made shall
certified public accountant selected by the CITY. The
successful Bidder shall allow the CITY to inspect,
execute a written Contract prior to award by the City
examine and review the records of the successful
Commission. If the Bidder to whom the first award Is
Bidder in relation to this contract at any and all times
made fails to enter into a Contract as herein provided,
during normal business hours during the term of the
the Contract may be let to the next lowest Bidder who
Contract.
is responsible and responsive in the opinion of the
CITY.
20.
CONFLICT, F INTEREST
16. EN -END CONTRACT
20.1
The award hereunder Ls subject to the provisions of
16.1 No guarantee is expressed or implied as to the total
Chapter 112, Florida Statutes. Bidders must disclose
with their Bid the name of any officer, director, partner,
quantity of comrmodiesfservices to be purchased
proprietor, associate or agent who Is also a public
under any opera and Contract. Estimated quenfitles
officer or employee of the CITY or any of Its agencies.
will be used for Bid comparison purposes only. The
Further, all Bidders must disclose the name of any
CITY reserves the right to issue purchase orders as
public officer or employee of the CITY who owns,
and when required, or, Issues a blanket purthase
directly or indirectly, an Interest of five percent ° or
orderfor individual agencies and release partial
more in the Biddees firm or any of its branches or
quantifies or any combination of the proceeding.
affiliate companies.
16.2 ORDERING: The CITY reserves the right to purchase
21.
N N- LLUSI E.AFFIDA111T
commoditle /services spec ied herein through
Contracts established by other govemmental
21.1
Each Bidder shall complete the don -Collusive
agencies or through separate procurement actions
Affidavit and Include It with the Bid Form and shall
due to unique or special needs. if an urgent delivery
submit this Form with the Bid. Failure of the Bidder to
Is required within a short period than the delivery time
submit this document may be cause for rejection of
specified In the Contract, and if the seller is unable to
the Bid.
oom ply therewith, the CITY reserves the right to
obtain such delivery from others without penalty or
22.
SUMMARY OF DQCUIVIENTS IQ BE SUBMITTED
prejudice to the CITY or to the Bidder.
BY BIDDERS
16.3 CONTRACT PERIOD: The initial Contract period shall
22.1
Th-e following is a suimmary of documents, copies of
start with the expiration date of the previous Contract
which may be included in the Bid documents, which
or date of award, whichever is latest, and shall
are to be completed and submitted by Bidders:
terminate two ( years from that date. The CITY may
renew this Contract far two two year periods
a Bidder acknowledgement.
subject to Bidder acceptance, satisfactory
b) Bid Form
performance, and determination that renewal will be in
c) Non -Collusive Affidavit
the best Interest of the CITY. Ail prices, terms and
conditions shall remain firm for the initial period of the
Page 4 of
Page 292 of 403
Agenda Item #15.
r"
d CerUfed Resolution or other duly executed
document evidencing authority to sign on
behalf of the Bidder.
(e) Qualification Statement, if required by the
Special Conditions.
M Bid Security, if required by the Special
Conditions.
g Cercates of Insurance, if required by the
Special Conditions.
h) Cert1fication of Non -Segregated Fa iliges, If
required by the Special Conditions.
Page 5 of
Page 293 of 403
Agenda Item #15.
BID FORMS SUBMISSION GHBCKLIST
Projed Name: W�-WELL REHABILITATION EE&VIC-E
Bid Has,
6-R-W
Bidders Cwnpimy N
0
Tbje follow'ng form mould be MnPlded and rdUned with the bid
eve projecto
. 0
Bid sub m ch a
f 0
Bid Ac4mowlaWmUmt (page one 0Wy)
Bid Form
�..
city En&cw conswtw
5.
C�cd melon
6.
NonAaCollusive Affidavit
Quahficadons Suftment
81
i
Cerfificate
10. 0
Foreign (non-Plofida) Corp.
11, 7
Cover Page (ifreqWred)
Page 294 of 403
Agenda Item #15.
...................
CORAL S,PR-INGS
--� EVERYTHING UNDER THE SUN
DATE: May 10, 2016 NUMBER:BID
NVUATION TO BID
ALL EN'TE ESTED PARTIES:
The City of Coral Springs, Florida, hereinafter referred to as the CITY
vn"Il receive pealed Bids
at the office ofthe Purchasing Administrator, r, C Hall 9 1 West �
. � � ample Load, coral Springs,
Florida 330, for.
WATER SUPPLY WELL REHABILITATION
Sealed Bids must he received and time sty the Purchasing .
p * � Administrator, either � mail
or hand deli eM no later than :00 p.m. local time on MLednesday.,
1a 2. 2016 A public
opening will take place at or before 2:15 p.m. in the CityCommission •
Chambers located at ��t
Hall on the same date. Any hies received after 2:00 .m. local time
p n said date will not be
accepted under any circumstances. Any uncertain regard- - the time areceived.
� bid i will be
resolved against the Bidder.
The CITY reserves the right to reject any or all bids to waive an informalities
. , . crrregulartes
and technicalities not involving price, time or changes in the work, 1, in and hi
the ��T�. d received, to re -
advertise for bids or take any other such actions that may he deemed to a the hest interests of
Leonardo Bermudez
Purchasing Agent II
CITY OF CORAL SPRINGS, FLORIDA a FINANCIAL SERVICES DEPARTMENT 0 PURCHASING DIVISION
9551 W. Sample Road • Cora! Springs, FL
* CorarSprin.rg
Phone -34-1100 * Fax 54-3-1 1
Page 295 of 403
Agenda Item #15. �
WATER. SUPPLY WELL R. MA ELUATI 1
1--
INSTRUCTIONS To BIDDERS
1. QUALIFICATIONS of BIDDERS
1. I Each Bidder shall complete the Qualifications Statement and
shall submit the
same with the Bid. Failure t submit the Qualifications Statement
and all
documents rewired thereunder together with the Bid may constitute grounds for
rejection of the Bid.
1.2 Sample of items, when required, roust be unished by
]Bidder free of cage to
Cam. Each individual sample must be labeled with Bidder
name and
manufacturer's brand name and be delivered by within ten 10
calendar dais
of the Bid offing unless the schedule indicates a different
time and unless
submission is required before the Bid opening. I samples are required '
g red subsequent
to the Bid opening they should be delivered within ten 1 calendar
dais of the
request. CITY will not be responsible for retuming samples.
1.3 City reserves the right to consider the availabilityof arts and , .
� service facilities for
the equipment offered. The failure of the Bidder to maintain
a sufficient line of
Parts to service the eqlupment within a reasonable distance to the CITY may be
cause for rejection of the bid.
1.4 CITY reserves the right to consider a Bidder's history o citations .
ns and/or
violations of environmental regalations in determininga Bidders responsibility,
and further reserves the right to declare a Bidder not responsible if the'
history of
violations warrant such determination, Bidder shall submit with Bid, a complete
history of all citations and/or violations, notices and dispositions sp s thereof. The
nonsubmission of any such documentation shall be domed to be an affirmation
by the Bidder that here are no citations or violations. Bidder shall notify SIT
immediately of notice of any citation or violation that Bidder may receive after the
Bid opening date and during the time of performance of anact contr. at awarded to
Bidder.
2. SF CI ICAnONS
2.1 Items shown on the plans but not noted in the Specifications, and d items noted m
the Specifications but not shown on the Plans, are to be considere
d as both shown
on the Plans and noted in the Specifications. An errors or ornissi
. � ons m the
Specifications or on the Mans, as to the standards of the work, shall not relieve the
CONTRACTOR of the obligation to furnish a satisfactory first class job '� in strict
conformity with the hest practice found in structures or in the work of
a similar
type. The failure of the Bidder to direct the attention of the CITYs Purchasing
as�ng
Page 1 of 1
Page 296 of 403
Agenda Item #15.
Agent to efrors or discrepancies will not relieve the Bidder, should Bidder be
awarded the Contract, of the responsibility of er'forrni� the
satisfaction of the Cam.
�' work to e
3. BID FORM
3.1 The Bid Forrn, together with the Invitation to Bid the Instructions to Bidders,
constitutes an offer from the Bidder. If any or all parts of the Bid are accepted by
the City of Coral Springs, an authorized officer of the Ci
• ty shall affix his/hersigture hereto and this document, together with the Invitation to Bid, the
Instructions to Bidders, any Drawings, Plans and Specifications issued prior to the
execution of this Bid Form, and any Purchase order issued the Ci
• � � after
execution of this Bid Form, shall constitute the written agreement between the
parties and shall together comprise the Contract Documents. The
Contract
Docents are complimentary and what is required by one shall
be as band . g a
if required by all.
4. AKA1D of Co C'
4.1 If the Contract is to be awarded, it will be awarded to the most responsible and
responsive Bidder for the Bid whose evaluation by CITY indicates to oITY that
the award will be in the best interests of the CITE and not necessarily to the
lowest Bidder.
4.2 Criteria utilized by CITY for d .n the most responsible spnsrble and responsive
Bidder includes, but is not limited to the followin
g
(a) Ability Of Bidder to meet published specifications,
(b) Bidder's experience and references includin but
g not limited to, the
reputation, integrity, character, efficiency, experience, skill ability an
business judgment of the Bidder, the quality of performance '
1 � p e of bidder
under previous contracts, any sub -contractors and other persons p providing
labor or materials to Bidder. Payment historywith sub -contractors actors under
previous contracts.
(C) Bidders qualifications and capabilities not including but .
1lnirted to, the
size, uncial history. strength and stability of the business to cr
p orm the
work of the Contract, the possession of necessaryfacilities and
egmpment
and the quality, availability and adaptability thereof to the particular uses
required,
(d) Whether Bidder can perform the Contract PrOmPtlY or within
the time
specified, Without delay or interference.
Page 2 of 1
Page 297 of 403
Agenda Item #15.
(e) Previous and existing ' corn liance by Bidder with laws ordinances
regulations relating to the goods or services.
(fl Price.
4.3 The CONTRACTOR must execute the required contracts prior to award by the
City Commission. After City Commission award the CONTRACTOR will be
issued a Notice of Award. Within fifteen 1 days thereafter, the
CONTRACTOR must deliver the required bonds and certificate
of insurance t
OWNER. within ten 10 days thereafter, OWNER shall deliver one 1 fully
executed contract to CONTRACTOR along with a Notice to Proceed.
The fully
executed contract will be accompanied by a complete sit o(ifdrams
required).
4.4 If applicable, the Bidder to whom award is beyg m re ended shall execute a
written contract prior to contract award. If the Bidder fails to enter into a Contract
as herein provided, the recommended award Will be let to the next
lowest Bidder
who is responsible and responsive in the o m1on of the City. � '
p ty Such Bidder shall
fulfill every stipulation embraced herein as if he were the original party to whom
the award was made.
. PUBLIC ENTITY CRIMES INFORMATION STATEMENT
5.1 A person or affiliate who has been laced n the convicted
p vendor list following a
conviction for public entity crime may not submit a bid on a contract ct to provide
any goods or services to a public entity, may not submit a bid on a contract with th a
public entity for the construction or repair of a public buildingor -public
c work,
may not submit bids on leases of real �p� to public entity, �, may not be
awarded or perform work a contractor, supplier, subcontractor
pP � r consultant
under a contract with any public entity, and may not transact business usrness with any
public entity in excess of the threshold amount provided in Floes
p d Mate statutes,
Section 287.017, for CATEGORY TWO fora enod f months s from the date
of being placed on the convicted vendor list.
6. CONTRACT TEE
.1 The work to be performed under the Contrast shall be commenced upon issuance
of Purchase order and after all applicable permits are obtained
p by contractor.
.2 The time of completion for spices authorized under each
Purchase Order/Work
Order will be established at the time of issuance of Purchase order
fork order,
6.3 13Y virtue of the submission of his Bid, Bidder agrees and f11
y understands that
the completion time of the work of the Contract is an essential '
fiat and material
condition of the contract and the time is e
of the essence. The Successful .�. - cessful rdder
Page 3 of 12
Page 298 of 403
Agenda Item #15. ( �
agrees that a wort shall be prosecuted regularly, diligently and Uninterrupted errupted at
such rate of progress as Will ensure full completion thereof wi thin tile time
specified. failure to complete the work Within the time period specified
shall be
considered a default.
7. LI UIDATED DAMAGES FOR BREACH OF CONTRACT
See Construction Services General Conditions, Paragraph 11.4 for details.
� etarls.
. SAFETY
.1 The Successful Bidder shall be responsible for initi
t1ng, maintaining and
supervising all safety precautions and programs in connection with the
work. The
Suecessful Bidder shall comply, with the rules and regulationsf the FloridaFlor
]department of Commerce regarding industrial s(Fla Statutes Section on 440.56)
and with the standards set forth in the Occupational Safety and
p � Health Act of 1970
(OSHA) and its amendments.
.2 The Successful Bidder shall take all reasonable precautions
for the safety of and
shall provide all reasonable proton to prevent damage, �or loss to.
(a) A11 employees on the work site and all other persons who maybe affected
thereby.
(b) The work and all materials and equipment incorporated th
.erern.
(c) Other proper at the site or adjacent thereto including � , � g trees, shrubs,
lawns, walks, pavements, structures, irri tion s tes gird utilities utilities not
designated for �remo al, relocation or replacement ement in the co
urse arse of the
work.
. WARRANTIES
9.1 Wamantv of Title: The S c essf l Bidder warrants to the CI
TY that all goods and
materials fished under the Contract will be new Mess otherwise specified period and
that Su cessU Bidder possess good, clear, and marketable title
to said goods and
there are no pending liens, claims or encumbrances Whatso '
ever against sand
_
goods. All work not con orrrling to these requirements, including � � g substitutions
not properly approved and authorized may be considered defective.
9.2 Barran of eci cations: The Successful Bidder warrants that all goods,
materials and workmanship f rnihed, whether firnihed the Success '
� Successful Bidder
or its sub -contractors and suppliers, will comply with the '
specifications, dr�.ng
and other descriptions supplied or adopted.
Page 4 of 12
Page 299 of 403
Agenda Item #15. �
9.3 Warranty of Merchantabili The Successful Bidder warrants that the
goods to be
supplied pursuant to the Contract are merchantable, of goad qualityand free from
na
defects, whether patent or latent in material or wor anship.
.4 Wwantv of Material and Wor n anshi 'The Successful Bidder
warrants all
material and workmanhlp for a ` ' um of one(1)year from date o ro ect
completion and acceptance by'� the CITY. If within one 1 . year after acceptance
by the Cam, or within such larger period of time as may be prescribed p y law any
of the work is found to be defective or not in accordance with the
Contract
Documents, the Successful Bidder shall after receipt of a Witten notice from the
CITY to do so, promptly correct the work unless the CI has previously '
p � given
the Successful Bidder a mitten acceptance of such condition.
9.5 The Successful Bidder warrants to the CITY that it will c Mn 1 with � all applicable
federal, state and local laws, regulations and orders in carrying out obligations
hgations
under the Contract.
9.6 The Successful Bidder warrants to the Cthat it is not insoly
ent, 1t is not in
bankmpt y proceedings or receivership, nor is it engaged in or threat `
threatened w1
any litigation, arbitration or other legal or 'stratiproceedings
a or
investigations f any bind which would have an adverse effect on its ability to
perform its obligations under the Contract.
9.7 The Successful Bidder warrants to the CITY that the consummation
of the work
provided for in the Contract Documents wfll not result in the breach of any t
erm
or provision of, or constitute a default under any indenture, mortgage,contract
agreement to which the Successful Bidder is a party.
9.8 The Successful Bidder warrants that there has been no violation of '
c�glit or
Patent rights either In the United Mates of America or in foreign countries in
connection with the work of the Contract.
9.9 All warranties made by the Successful Bidder together with service
. g warranties and
guarantees shall run to the CITY and the successors and assigns of the CITY.
10. RISK OF LOSS
1.1 The risk of loss injury or destruction, regardless f the cause f the
g casualty, shall
be on the Successful Bidder until the completion of the project for water
Well rehabilitation Services and inspection and acceptance the project
Cam.
� p o� ect by
11. F RMTSFEES AND NOTICES
Page 5 of 1
Page 300 of 403
Agenda Item #15. �
The Successful Bidder shall secure and be responsible to ay any mall
permits and licenses that may be required for the proper execution and completion
of the �
work. The Successful. Bidder shall use their best efforts to obtain all
necessary pen -nits as soon as possible after the slate of Contract award. An
delays in obtaining permits must be brought to the attention of the Purchasing
Agent without delay.
11.2 The Successful bidder shall give all notices and comply with all laws ordinances dinance,
rules, regulations and lawful orders of any public authoritybearing on the
performance of the work. The CITY shall not be responsible for monitoring the
Successful Bidder's compliance with any laws or regulations.
11.3 The Successful bidder shall secure, complete and file with the Clerk of Courts of
Broward County, a Certified Notice of Commencement required per chapter 9 -
838, Laws of Florida. This notice roust be on file with the Coral Springs Building
Division, and be displayed on the job site prior to the first inspection.
12. CLEANING UP
12.1 The Successful Bidder at all tunes shall keep the remises free from accumulation
p ulat�on
of waste materials or rubbish caused by Bidder's operations. At the completion of
the work Bidder shall remove all waste materials and rubbish from and about the
site as well as all tools, equipment, machinery and surplus materials and provide
final
cleaning and return the space to condition suitable for use b the COY.
13. DEI-AYS AND EXTENSIONS of TAIE
13.1 The Contract time may only be changed by a change order or a written
amendment. Any claims for an extension or shortening of Contract time shall be
based upon written notice delivered by the party maidng the claim to the other
party not more than three 3 calendar days after the occurrence of the event
giving rise to the claim and stating the general nature of the clamp otherwise i
shall be waived.
13.2 No claim for damages or any cla.ina other than an extension of ` time shall be made
or asserted against the CITY by reason of any delays.
14. DEFAULT
14.1 In the event the SuccessU Bidder shall default in an of the terns obligations,
� g ons,
restrictions or conditions in the Contract Documents, the CITE shall give the
Successful Bidder mitten notice by certified mail of the default and that such
default shall be corrected or actions taken to correct such default shall
be
commenced Within five calendar da thereof. 'In the event the Successful
Bidder has failed to correct the condition(s) of the default or the default is not
Page 6 of 1
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Agenda Item #15. �
remedied to the satisfaction and approval of the CITY, the CITY sMI have all
legal remedies available to it, including, but not limited to termination of the
Contact inwhich case the Successful Bidder shall be liable for all procurement
and reprocurernent costs and any and all damages permitted by law arising from
the default and breach ofth Contract.
15. LEMM-WATION FOR CONVENIENCE OF CITY
See Construction Services General Conditions, Paragraph 13.13 for details.
16. ASSLGNMEENT
16.1 The Successful Bidder shaft not assign or transfer its rights, title or interests in
� � the
Agreement nor sha11 Successful Bidder delegate anY of the duties or obligations
undertaken by Successful Bidder without OITY's prior vnxtten approval.
17. APPLICABLE LAWS ORDINANCES, RULES CODES AND RE LTLATIO
17.1 Familiaritv with Laws; Notice is hereby given that the Successful Bidder must be
familiar with all federal, state and local laws, ordinances rules,codes
and
regulations that may affect the work. Ignorance on the part of the Bidder will in
no way relieve him from the responsibility of compliance therewith.
18. EOUAL EV2LOYMENT" OPPORTUNITY RE UI EI�1ENT WOR IATION.
18.1 A copy of tie order no, 1124 , "Notice ofRequirement forAffirmative
.
Acton t Insure Equal Employment Opportunity" is on file in the Citys
Department of Development Services, 9551 W. Sample Road Coral Springs,
Florida � p g
rida 3 06 . All bidders must consider those requirements nior t submitting
g
a bid. Those requirements shall be incorporated into and made a part of the
Contract.
19. MENINIFICATION
19.I -GENERAL ,L RqDENWMICAT'IO . The parties agree that one percent(1%) of
the total compensation paid to CONTRACTOR for the workthe Contract
f hall
constitute specific consideration to CONTRACTOR for the indemnification to be
provided under the Contract. To the fulf.est extent permitted by laws and
regulations, CONTRACTOR shall indemnify, save and hold harmless the
OWNER, its officers, agents and employees, from or on account of all claims
damages, losses, liabilities and expenses, direct, or consequential, includin
g, but
not limited to, fees and charges of engm*eer, architects, attomey's, consultants and
other professionals and court and arbitration costs arising out of or resulting from
. g
the performance'of ence of the Work excluding the sole ne h of OVER.
g g Such
indemnification shall specifically include but not be limited to clams darnages,
Page 7 of 1
Page 302 of 403
Agenda Item #15. r r
losses and expenses arising out of or resulting from a any and all bodily injuries,
sickness,, death, disease; b) Miury to or destruction of tangible personal property,
including the loss of use resulting therefrom; c 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; d the use of any improper 'materials; a any construction defect
including patent defects; i) any act, omission or default of CONTRACTOR or his
subcontractors, agents, servants or employees; g the violation of any Federal,
state, county or City laws, -laws, ordinances or regulations by CONTRACTOR,
his subcontractors, agents, servants or employees; (h) the breach or alleged breach
by CONTRACTOR of any term of the Contract, including the breach or alleged
breach of any warranty or guarantee.
19.2 PATENT AND COPYRI MITT INDEMNIFICATION: : CONTRACTOR agrees to
indemnity, save and hold hannless the OTTER, its officers, agents and
employees, from all such claims and fees, and from any and all sites and actions
of every name and description that may be brought against OWNER, its officers,
agents and employees, on account of any claim, fines, fees, royalties, or casts for
any invention or patent, and from any and all suits and actions that may be
brought against OWNER, its officers, agents and employees for the infringmnent
of any and all copyrights or patent rights claimed by any person, �, or
corporation.
19.3 Pmuant to the requirements of Florida Statute 7 2.06, as amended, the
indemnification from liability for damages caused in whole or in part by any act,
omission or default by OWNER as contained in Paragraph 20 above, shall be
limited to the monetary amount of comprehensive general liability insurance,
which CONTRACTOR is required to obtain under the Contract. All other
indemnification rewired hereunder shall not be limited to the amount of required
comprehensi a general liability insurance or any required excess insurance.
19.4 CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever, -excluding only those in which the damages arose out o
the sole negligence of OWNER, in connection with the foregoing
indemnifications, including, but not limited to, reasonable attorney's fees and
costs to defend all claims or suits in the name of the OWNER when applicable.
19.5 OWNER reserves the right to select its own legal counsel to conduct any defense
m any such proceeding and all costs and fees associated therewith shall be the
responsibility of the CONTRACTOR under the indemnification agreement. Such
indemnification shall not be limited to the amount of comprehensive general
liability insurance that CONTRACTOR is required to obtain under the Contract.
Nothing contained herein is intended nor shall it be construed to waive OWNER's
rights and immunities under the common later or Florida Statute 768.28 as
amended from time to time. This obligation shall not be construed to negate,
Page 8 of 1
Page 303 of 403
Agenda Item #15.
abridge, or othervn0a reduce any other night or obligation of indemnitythat
would
otherwise exist as to any party described in this Paragraph U and its subparts.
20. INS
20.1 Bidders must submit copies of their current certificate of insurance together
with the Bid. Failure to do so may cause rejection of the Bid.
20.2 AT 'THE TEMIE of EXECUTION OF THE CONTRACT
SUCCESSFUL BIDDER SHALL SUBMIT A CURRENT C RTCA'T
OF INSURANCE EVIDENCING T REQUIRED'COVERAGES AND
SPECIFICALLY PROVIDING THAT THE CITY OIF CORAL SPRINGS IS
AN ADDITIONAL NAMEED INSURED WITH RESPECT TO THE
RFQ JERED COVERAGE AND T OPERATIONS OF THE
SUCCESSFUL BIDDER UNDER THE CONTRACT. a Companies
e
selected must be acceptable to the CITY. All of the policies of insurance so
required to be purchased and maintained shall contain a provision or endorsement
that the coverage afforded shall not be canceled, materially changed or renewal
refused until at least thirty 3 0 calendar days written notice has been
given t
CITY by certified mail.
20.3 The Successful Bidder shall procure and maintain at its own expense and
beep ' �n
effect during the full term of the Contract a policy or policies of insurance
p that
must include the following coverage and limits of liability:
(a) Worlees Coin ensation Insurance for statist obligations imposed � p b
Worker's Compensation or occupational Disease Lays, including,where
applicable, the United Mates Longshoremen's and Harbor Wores Act
the Federal Employer's Liability Act and the Homes Act. xn to er's
Liability Insurance shall be provided with a nuffinimum of Two Hundred
Thousand and xx 100 dollars $200,000.00 per accident. Successful
Bidder shall agree to be responsible for the em to en conduct and
p �
control of its employees and for any injury sustained by such employees in
the course of their employment.
(b) Com rehensive Automobile Liabilily Insurance for all owned, non -owned
and hired automobiles and other vehicles used by the Successful Bidder in
the performance of the work with the following r ini un lbanit of
.l.�aability:
I - 000 000 Combined Single Limit, Bodily Injury and prop
erty
Damage Liability per occurrence
(c) Comprehensive General Liability with the following um limits of
liability:
Page 9 of 1
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Agenda Item #15. r
$1.000"000 Combined Single Limit Bodily Injury and Pro
perty
Damage Liability per occurrence
Coverage shall specifically include the following with urn limits not less
than those required for Bodily Injury Liability and Property Damage:
1. Presses and Operations;
. Independent Contractors;
. Product and Completed Operations Liability;
4. Broad Form PropertyDamage;
. Broad Form Contractual Coverage applicable to the Contract and
specifically confirming the indemnification and hold harmless
agreement in the Contract; and .
. Personal Injury coverage with employment contractual exclusions
removed and deleted.
20.4 The required insurance coverage shall be issued an insurance . y company
authorized and heensed to do business in the Mate of Florida with the following
. a i.
nUmmum qualifications n accordance with the latest edition of A.M. est's
Insurance wide:
Financial Stability B+ - +
20. , All required insurance policies shall preclude any underwriterts rights of
li recovery
or subrogation. against CITY with the express intention of the parties being that
p g
the required insurance coverage protects both .pales the coverage a for
any and 0 losses covered by the above described insurance.
20.6 The Successful Bidder shall ensure that any company issuing insurance
to cover
the requirements contained in this Contract agrees that they shall have no recourse
ag&Lnst CITY for payment or assessments in any form on any policy of insurance,
p �
20.7 The clauses "other Insurance Pmvisi n " and " nsurers Dines in the Event
of an
Occurrence, Claim or Suitt as it appears in any policy of insurance in which CITY
is named as an additional named insured shah not apply to Off. O�
Pp shall
provide Witten notice of occurrence vn fifteen I woffing days of CITYs
actual notice of such an event.
20.8 The Successful Bidder shall not commence work under the Contract until after he
has obtained all of the ` ' um insurance herein described.
20.9 The Successful Bidder agrees to perform the work under the Contact
independent contractor, and not as a sub-cOntract0r. agent or employee o f CITY.
Page 10 of 1
Page 305 of 403
Agenda Item #15.
20.10 Violation of the terms of this paragraph and its subparts shall constitute
breach
of the Contract and Cam, at its sole discretion, may cancel the Contract
� d all
rights, tale and interest of the Successful Bidder sal thereupon cease
and
tenninate.
20.11 OVVN 's Liability and Insurance: OWNER shall not be responsible.
for
purchasing and maintaining any insurance to protect the interests o
CONTRACTOR, subcontractors or others on the Work. OTTER specifically
reserves all statutory and common law rigbts and irn nunities and nothing herein is
intended to limit or waive same including, but not limited to the procedural and
substantive provisions of Florida statute 768-28 and Florida statute 95.11.
1. CONTRACT Rm
21.1 The initial terns of this contract will be two (2) ears with n option t r
� p enema for
two 2 additional two 2 year time periods for a cumulative total of sip (6) years,
using the sarne terms, conditions, and pricing of the original agreements provided
that funds are available and appropriated by Ci 's Concession.
22. CaNT ACT ADYUSTMENTS
2.1 The cost(s) shall remain firm for the initial two (2) year contract term.
y Costs for
any extension term shall be subject to adjustment only if increases occur in the
industry; such increases shall not exceed % or, whichever is greater, the latest
yearly percentage increase in the All Urban Consumers Price Index(CPI-U) aspublished by the Bureau of Labor Statistics, U-S, Department of Labor.
� The
yearly increase or decrease, in the CPI shall be the latest index published and
va able ninety days prior to the end of the contract year then in effect
ffect
compared to the index for the comparable month one year . riorAn r uested
p �
cost increase shall be fully documented and submitted to the CITY at least ninety
(90) days prior to the contract anniversary date. Any approved cost adjustments
� eats
shall become effective upon the anniversary date of the contract. In the event the
CPI or the industry costs decline, the CITY shall receive from the Contract
or, a
reduction in costs, accordance with the term and conditions for adjustments
detailed above.
23. ADDENDUM
An addendum, if needed, will be issued prior to the o enin of bids. The intent of
these
addenda is to clarify, correct, or change the scope of work and/or bidding documents.
It is the responsibility of the bidder to view the website to determine if an addenda ends have
been issued or to contact the Purchasing Division to determine if an addendum lu
� nBaas been.
issued. In some cases, where the addendum has a direct effect on the scope f work r or a
Page 11 of 1.
Page 306 of 403
Agenda Item #15. �
chmge in the cast of the project, the omission of the signed addendum b effig re
wed
with the bid submittal may cause the bid to be considered as non -responsive.
Page 12 of 12
Page 307 of 403
Agenda Item #15. �
SECTION 01010
SUMMARY F WORK
PART 1 GENERAL
1,01 WORK INCLUDED
A. All of the work under this contract is located within existing rights -of -way, utilityeasements,
i
or other such CITY property.
B. Provide materials, equipment, and incidentals necessary for completion of t
Proper co
pro rn the
Work re aired � �
by the Specifications and s shown on the Drav4ngs, using qualrffed labor
and supervision.
C. Perform the work complete, in place, and ready for continuous service and include
repairs, testing, permits, cleanup, replacements, and restoration required as a result of
damages caused during this construction.
D. Materials, equipment, skills, tools, and labor which are reasonably and propedy inferable
and necessary for the proper completion of the work in a substantial manner and in
compliance with the requirements stated or implied by these Specifications or Drawings
sharll be furnished and installed b the CO
y RACT-0 whether specifically indicated in the
Contract Documents or not.
E. Comply with local, County, State, Federal, and other codes which are applicable to the
proposed construction work.
1,02 GENERAL DESCRIPTION of WORK
A. The project consists of the rehabilitation of up to five raw water supply wells numbers
including gravel, development, disinfection and removal and replacement
of motor, pump and column pipe.
1,03 DETAILED DESCRIPTION of COMPONENTS
A. The wells are located in the Coral Springs wellfieid as shown on the attached map,
B. Furnish and install all siteworkir demolitiont mechanical, and electrical improvements
p s
required for the complete rehabilitation of the wells.
C. Provide for the discharge of all development water to the nearest catch basin or canal.
Provide all slit barriers in canals where water is discharged.
D. Provide all equipment and materials for the development of the wells, including but not
limited to cranes, compressors, piping, gravel, chlorine.
E. Provide all required traffic control.
21 1
27 - 0.GE
1010
SUMMARY OF WORK
Page 308 of 403
Agenda Item #15.
F.
G.
Provide for mobilization to the City of Coral Springs water treatment plant and then toach
of the individual well sites.
Provide all equipment and materials for th. a complete chlorination of each well.
H. All other required work whether implied or incidental to the proper completion � p orr of the
project.
PART 2 PRODUCTS - Not Used.
PART 3 EXECUTION w Not Used.
END OF SECTION
4/29/16 01010
OF WORK
Page 309 of 403
Agenda Item #15. '
r
SECTION 01025
MEASUREMENT AND PAYMENT
PAl T I GENERAL
1101 WORK INCLUDED
A. The work outlined is for one individual well. Several wells may be included
under this
contract, but the pricing shall be on a per well basis.
B. Payment for the various items in the Bid Form as furthers specified herein
all compensation � � , shall include
I n to b received by CONTRACTOR ACT for furnishing all tools, equipment,
supplies, and manufactured articles incidentals
• and for all labor, operations, end incidentals
appurtenant to the items of Work being described, as necessary to complete the various
items of the Work all inaccordance P u
with requirements of the Contract Documents,
including all appurtenances thereto, and including all costs of corn Hance with re
of public agencies � � � p gelation
p e having jurisdiction, including Health and Safety Requirements of the
Occupational Safety and Health Administration of the U- S. Department of Labor(OSHA),
SFVI
, Bro wrard County, end F EP. No separate payment will be made for an it
that i not specifically set forth i the Biel � � ern
. Schedule, and all costs! therefore, shall be
included in prices named in the Bid Schedule for various appurtenant items of the 1JIlorl.
1.02 MOBILIZATION AND DEMOBILIZATION (BAD ITEM NO, 1)
A. Measurement for payment of mobil izartion/demobilization is based up
on rs the
r • . � completionof mobilization and/or demobilization to the City of coral springs well site. This is an
overall expense to get all needed equipment, material, and personnel to Coral S
to rehabilitate any grid all wells in the project. Mobilization prangs
p Mobilization includes but is not limited to
the following principle items:
I. Mobilize men, materials, and equipment to the City of Coral Springs.
. Removing all equipment, material and personnel from the CitY of Coral Springs.
B. Payment for mobilization/de mobil ization shall b'e made as follows. The Con .
Contract unn�t pace
nerved shell be distributed for completion of mobilization at 6 % and demobilization
t
0%. Payment will constitute as full compensation for the provision of work
as listed
above plus all other appurtenant or incidental work required to properly corn
rriobilizationde .. p p plate the
rrobilnzation phase.
The following are prices for each Individual well site authorized for rehabilitation:
1.03 MOBILIZATION AND DEMOBILIZATION (13113 ITEM NO.2)
A. Measurement for payment of mobilization/demobilization is based upon
of mobilization p the completion
r ation and/or demobilization to any of the well sites in the Coral Springs wrellfield
from the coral Springs water treatment p g
eatiment plant or previously rehabilitated well. This is
an overall expense to get all needed equipment, material, and personnel to a well site to
rehabilitate. Mobilization includes but is not limited to the following p rincip le items;
1
6-o O.GE
01025
MEASUREMENT AND PAYMENT
Page 310 of 403
Agenda Item #15.
I. Mobilize men, materials, and equipment to the well site.
2. Removing all equipment, material and personnel from the well site.
B. Payment for mobilization/demobilization shall be made as follows. The Contract unit price
named lull a distributed for completion �demobilization
� of mobilization at �� and at
%. Payment will constitute as full compensation for the provision of work as listed
above plus all other appurtenant or incidental work as requiE.
red to pro ed complete the
mobil ization/demo�bili at•ron phase.
P p
1,04 SETUP AND REMOVAL of EQUIPMENT AT A WELL SITE (BID ITEM[ NO. 3)
A. Measurement for payment for setup is based on the completion of the setup at each well
site as described below:
1. Provide temporary site fences and silt and erosion control.
. Provide required traffic control.
3. Prepare and layout site.
. Have the CO TRACTOR's superintendent on the job site full time.
. Have qualified personnel experienced in well rehabilitation n the Provide temporaryjob site full time.
6.
wellhead and discharge pipe to appropiratei discharge location.
. All miscellaneous costs not Included in other individual bid items, including but not
limited to taxes fees etc.
. Remove temporary construction facilities at each site.
. Remove temporary site fencing and silt and erosion control facilities from each site.
10. Remove equipment and excess materials, including discharge pipe.
e.
11. Restore any disturbed sod or broken sidewalks, curbs, or pavement.
B. Payment for setup at each well site shall be at the unit price outlined in the Bid For
and
shall constitute as full compensation for the provisions of work a listed above plus all other
appurtenant or incidental work
as required -to piled complete the setup phase.
10.05 REMOVE PUMP, COLUMN PIPE, WELLHEAD, TRANSDUCER (BID ITEM NO, 4)
A. Measurement and payment will be for the removal of the pump, column and wellhead
pipe
from each well and the transducer from the monitoring tube. Keep these p rote ted and
out of the dirt on site for replacement at the end of the work.
B. The payment will be made at the contract unit price named which rice will constitute ate full
compensation for providing all material, labor, equipment and incidentals required to
propel perform the removal of �
p he mpg column pipe, wellhead and transducer f�-orrr
this well.
7.06 ROTARY BRUSH CLEANING EXISTING WELL CASING AND SCREEN
(BID ITEM NO.S)
A. Measurement and payment will be based upon the total number of hours of actual
brushing provided, exclusive of setup and take down of equipment. The cost of u seta of
equipment shall be included in the hp
hourly rate for brushing of the well casing and
screening.
-o o.GE 2 MEASUREMENT AND PAYMENT
Page 311 of 403
Agenda Item #15.
B. The payment will be made at the contract unit price ruined which price will constitute full
compensation for providing all material, labor, equipment and incidentals
requireduird to
properly perform rotary brush cleaningfor this well.
9.07 ACID[ZE EXISTING WELL SCREEN WITH SUI.FAMIC ACID (BID ITEM NO.6)
A. Measurement for payment for acid i ation of the well screen with 2 0 % sulfamic-acid shall
be the total cost for providing the acid, mix!n the acid, and pu m p i ng the acid into the well.
This includes all personnel•
and equipment required to complete this portion of the project,
B. The payment will be made at the contract unit price named which rice will constitute full
I
compensation for providing all material, labor, equipment and incidentals required to
properly perform acidition for this well.
7.08 AIR SURGING (BID ITEM NO.7)
A. Measurement nt for payment for surging the well will be based upon the actual number
f
hours the well is surged a clusive of setup and takedo ern of equipment. The cost of setup
of equipment shall be included in the hourly rate for air surging of the well.
B. Payment will be made at the contract unit price named. This price wrill constitute full
compensation for provfding all materials, labor, equipment, and incidentals required to
proper) perform the surging of q
p the well. het up of the equipment required to complete
this task shell be included in the hourly rate.
1109 FURNISH AND INSTALL TEMPORARY LAP PIPE OVER SCREEN BID ITEM[ NO,
A. Measurement for payment for the installation of a temporary lap pipe shall be based upon
� n
the completion of the installation. This will require the lap pipe to be installed over the
existing screen and brought to the surface of the well with appropriate piping to allow
surging of the well.
B. Payment will be made at the contract lump sum price named. This rice will constitute
full compensation �
for providing all material, labor, equipment and incidentals required to
properly install the temporary lap pipe.
1110 ADD GRAVEL To WELL, COMPLETE (BID ITEM NO. 9)
A. Measurement for payment for gravel pack shall be based upon the cubic feet of gravel
pack placed in the well. Al! in ,accordance with the requirements of the Contract
Documents.
B. Payment for gravel pack will be made at the contract unit price named. i This rice p !1
i
constitute full compensation for providing all material, labor, equipment and n dentals
required to properly supply and install the gravel pack material for this well rehabilitation.
1.11 AIR DEVELOPMENT WELL, COMPETE (BID ITEM N0.10)
A. Measurement for payment for air development of the well shall be based upon the hours
of redevelopment completed p
pleted exclusive of setup and takedown of equipment. The cost of
setup of equipment shall be included in the hourly rate for well development.
2 /1
02
275-050.GE 3 MEASUREMENT AND PAYMENT
Page 312 of 403
Agenda Item #15.
E. Payment will be made at the contract unit price named. This price will constitute full
compensation for providing all material, labor, equipment and incidentals required to
properly perform the development of this well.
1,12 REMOVE EXCESS GRAVEL PAC K AN D LAP PIPE BID ITEM IN0. 11
A. Measurement for payment for removal of gravel pack and lap pipe shall be based upon
the completionoof the removal P
al of the gravel pack and lap pipe upon completion of air
development.
B. Payment will be made at the contract lump sure pride nar ned. This price will constitute
full compensation for providing all material, labor, equipment and incidentals required to
properly remove the graver pack down to the top of the screen and the removal of the lap
pipe from the well.
1,13 PERFORM POST PUMP DEVELOPMENT, STEP DRAWDOWN AND SAND TEST ON
WELL (BID ITEM NO, 1)
A. Measurement for payment for pump development, step drawdo wrn test and sand test shalt
be based upon the number of hours of actual pump runtime completed.
B. Payment will be made at the contract unit price named. This price will constitute as
compensation for all costs, providing and operating the test pump, power and fuel,
discharge piping, meters, fittings, and other equipment and labor necessary to operate
step drawdown tests and sand tests and to control and direct the flow to final authorized
discharge point.
1,14 PRE AND POST TELEVISION VIDEO SURVEY of WELL (BID ITEM NO, 13)
A. Measurement for payment for performing the television video survey Will be based upon
the completion of the television video survey of the well prior to beginning work and at the
completion of the required work.
B. Payment will be made at the contract unit price named. This price will constitute full
compensation for providing all material, labor, equipment and incidentals required to
properly perform the television video survey of this well.
1.1SUPER CHLORINATION. (BID ITEM NO, 14)
A. Measurement for payment for super chlorination of the well shall be based upon the
completion of the chlorination in accordance with the contract documents.
E. Payment will be made at the contract lump sum price named. This price will constitute
as full compensation for providing all materials, labor., equipment and incidentals required
to properly perform the super chlorination of this well.
1,16 ADD 1FEET COLUMN PIPE (BID ITEM NO, IS)
A. Measurernent for payment for adding up to 10 feet of column pi pe and a new power cable
complete, for this well.
4/29/16 01025
7 -O O.GE 4 MEASUREMENT EI T AND PA I IEI T
Page 313 of 403
Agenda Item #15.
r
B. Payment Will be made at the contract lump sum price named. This price will constitute
full compensation for providing all materials, labor, equipment and incidentals required to
properly add up to 10 feet of column pipe and new power cable for this well.
1.17 REINSTALL WELL PLUMP, COLUMN PIPE, AND TRANSDUCER (BID ITEM No, 16)
C. Measurement for payment for reinstalling the pump, column, pipe, wellhead and the
transducer removed at the beginning of the project, complete, for this well.
D. Payment will be made at the contract lump sum price named. This price will constitute
as fall compensation for providing all materials, labor, equipment and incidentals required
to properly install. pump, column, wellheadIr transducer, and make all the piping and
electrical connections for the proper functioning of this well system.
1,18 POST MICROBIOLOGICAL ANALYSIS (BID ITEM 17)
A. Measurement rement for payment for biological analysis shall be based upon the successful
completion of post microbiological analysis of the rehabilitated well.
E. Payment for the microbiological analysi will be made at the contract lump sure price
named. This prig will constitute as full compensation for providing all materials, labor,
equipment and incidentals required to successfully perform the microbiological analysis
for this rehabilitated well. There will be a total of ten 10 coliform tests rewired plus the
first test shall include bacterial identification, HPC, fecal coliform, total coliform, fungal
count, and algae tests. All analysis to be dome by Micrim Labs.
1119 PROJECT ALLOWANCE (BID ITEM NO, 18
A. Measurement for payment for project work allowance shall be as agreed upon between
CITY and CONTRACTOR and as formalized in a contract modification.
ND of SECTION
4/29/16 01025
2 ^o o-GE 5 MEASUREMENT AND PAYMENT
Page 314 of 403
Agenda Item #15.
SECTION 2
WATER SUPPLY WELL REHABILITATION
PART 'I GENERAL
1101 The CITY has certain wells which may need to be rehabilitated under this contract. The
following is the rehabilitation methods to be used on each well to bring the well back to
appropriate production levels.
Wells Crary from 1 -inch steel casings to 24-inch PVC casing from 50 to go feet deep and
screens are !cal! 12-inch telescoping typically open stainless steel screens 40 to 60 fast in length.
Specifics of the well will be provided when you are authorized to rehabilitate a well.
REHABILITATION PROCEDURE FOR EXISTING WELLS
THE CONTRACTOR WILL BE HANDLING DANGEROUS CHEMICALS DURING
THESE PROCEDURES. ES. THE CONTRACTOR Is RESPONSIBLE FOR PROVIDING
THE REQUIRED OSHA PERSONNEL PROTECTIVE DEAR TO PROTECT ITS
WORKERS, PREVENTING SPILLS, AND !DUST HAVE THE APPROPRIATE
EQUIPMENT To CLEAN UP ANY SPILLsr
ALL EQUIPMENT AND MATERIALS ENTERING THIS WELL MUST BE PROPERLY
CHLORINATED WITH A SOLUTION OF 6,000 MILLIGRAMS PER LITER (mg/L) OF
SODIUM HYPOCHLORITE.
PART 3 ERECTION
3.01 REMOVE PUMP, COLUMN PIPE, WELLHEAD AND TRANSDUCER
A. Remove the pump, column pipe, welrhead and trensduc r and store at the water lant or
at the well site off of the r p
ground and free of dirt and debris, while the work on the well is
taking place.
3,02 ROTARY BRUSH CLEAN CASING AND SCREEN
A. Using nylon bristled brushes, brush the casing with the proper diameter by 2-foot long
brush from the top of the casing to the bottom of the casing. The brush should,be rotated
and moved up and down the well casing. This action should be performed multiple times
either in 20 foot segm
ents or over the entire column length, if possible. This action
should be performed several times while pumping with a 2-'Inch CONTI ACTORIS pump
p A
to remove some of the debris removed from the screen and casing.
B. !.Utilizing nylon bristled brushes, sized to fit the screen by 2-foot long, brush the well
screen from the top of the screen to the bottom of the screen. The brush shall be rotated
and moved up and down the screen simultaneously. The screen can be brushed in 20
foot segments or over the entire length of screen. This archl�on should be rf r ed
several times while pu mpi ng with a 2-inch CO NTRACTO I 's purnp to remove some of the
debris removed from the screen.
42'15
275-050. G E
0273
WATER SUPPLY WELL REHABILITATION
ILITATION
Page 315 of 403
Agenda Item #15. �
3,03
ACIDI E WELL
A. Make 3,000 gallons of 20% sulfamic acid solution and place into the well at the top of the
screen. This will req uir � �
e 2,000 pound of dry sulfamic acid, 9 .9 o strength. The solution
can be made by dissolving granular acid in a plastic container and discharging it into the
well at the top of the screen. Approximately 500 gallons of this solution should be placed
at the top of the well casing as it is being prepared. Approximately 6 o gallons of this
solution needs to be placed into the monitoring tube to remove the calcium carbonate
buildup at the entrance of the monitoring tube into the well casing.
,4 AIR SURGE WELL
A. Once the acid has been placed in the well, the CO TRACTOR will need to install a fla ng e
on the wellhead on top of the well and then repeatedly pressurize and release the
pressure on top of the well. Air- surging must begin immediately upon completion of the
installation of the acid and be completed the sane day the work began. The pressure will
be supplied with compressed air up to 20 psi to push the water out into the Aquifer. The
air will then be released and the process repeated every 10 minutes for four hours. The
well will sit for 46 hours.
105 P RNI H AND INSTALL TEMPORARY LAP PIPE OVERSCREEN EEI ND ADD GRAVEL
A, The CONTRACTOR shall place a removable lap pipe over the screen and bring the
temporary lap pipe to the top of the well casing. The type of connection between the
temporary lap pipe and the screen should be determined from the preconstruction video.
E. The CONTRACTOR is then to maintain at least 10 cubic feet of gravel pack in the
annular space between the temporary Nap pipe and the well casing.
3,06 WELL DEVELOPMENT
T
A. The CONTRACTOR ACTOR shall actively develop the well by surging with compressed air using
g
an air compressor capable of developing 750 SUM at 250 psi or greater and a 250
gallon surge tank. Development shall continue until no sand is being removed from any
portion of the screen. Air development shall start at the top of the screen and move in 6-
foot increments toward the bottom of the screen, Each -foot increment shall be
developed until no sand is being removed from that section of the screen. At that time
the air pipe shall be lowered 5 feet and the process repeated. The level of the gravel
panic must be monitored throughout this process and shall never be allowed to drop below
the top of the original screen. The water from the development process can be
discharged onto the ground or to a drainage structure. A silt screen must be placed in
the canal when the water is being discharged in order to prevent pollution of the canal.
3,07 REMOVE EXCESS GRAVEL PACK AND LAP PIPE
A. Upon completion of the air development, any excess gravel pack shall be removed by air
lifting out of the well and then the lap pipe shall be removed. The gravel pack should be
left at the top of the original screen.
9/ 16 02730
2 -o6 -GE 2 WATER SUPPLY WELL REHABILITATION
Page 316 of 403
Agenda Item #15. �
108
PERFORM POST PUMP DEVELOPMENT, STEP DRAWDOWN AND SAND TEST
A. Upon completion of the air development, the well shall b pumped, usingthe
O lTf SOT R' �
pump, developed for hours using a pump capable of pumping at
rate of 1,500 gallons per minute. This water shall be discharged on the ground or in a
drainage structure.
B. when well development is complete, step drawdcwn tests, and sand production tests
shell be performed on the well..
C. The Engineer and/or Geologist will be performing Various tests on the water as the
pumping test and step drawdown tests are being performed.
3,09 TELEVISION VIDEO SURVEY OF WELL
A. The well will be videotaped from top to bottom after the COI TRACT R's urn P has been
p
removed and before the CITY's pump is reinstalled under static and pumped conditions
to be sure the well is in like -new condition.
B. if there is debris in the bottom of the well, it shall be removed bpumpingor air lifting.
3,10 SUPER CHLORINATE WELL
A. The well shall be chlorinated with 6,000 mg/L of sodium hrpochlrite. This will be a total
f 350 gallons of sodium h rpochlorite .nixed in 2,500 gallons of water. This solution shall
be placed at the top of the screen and 14 at the top of the casing. Twenty gallons shall
be placed at the top of the monitoring tube. After the chlorine has set in the well for
several days, potable water shall be added to the well until the chlorine has dissipated to
approximately 50 parts per million.
,11 REINSTALL WELL PIMP AND TRANSDUCER
A. Reinstall the CITY°s pump, motor and column pipe in the well and p
complete piping in and
p
electrical connections. Remember, all material entering the well must bero ed
cleaned and disinfected n the i � p
inside and outside with a � �� solution of sodium
h rpochiorite. Add the necessary amount of column pipe and motor paver cable to put
the bottom of the motor at the to
p of the screen.
3,12 POST MICROBIOLOGICAL ANALYSIS
A. Pump the well to waste at the desired production rate until all of the chlorine has been
removed. At this time, bacteriological testing samples will be taken and sent to Micrim
Labs for a full analysis. The first test shall include HPC, bacterial count, fecal coliform
total col iform count, fungal identification, and algal tests. The net nine tests taken at
least six hours apart for the next four days and will only be for total coliform.
B. If the well does not pass the bacteriological clearance, then the CONTRACTOR must
retest and/or re -chlorinate the well until the bacteriological tests clear. All of this extra
work is at the C ITI ACT R's expenses.
4/29/16 273
275-050.GE 3 WATER SUPPLY WELL REHABILITATION
Page 317 of 403
Agenda Item #15.
C. Once the test results of the bacteriological tests are clear, the well can then be placed
back into service,
END OF SECTION
4129/16 02730
275-050.GE 4 WATER SUPPLY WELL REHABILITATION
Page 318 of 403
*40P 41 4&
om
w je
49'
w ems', -0 pq
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k
p A�w
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ff do bk. p 4 ap 4v
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if"I L
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dr
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4L P-14 31:.
IMP
Lk is -p-dur dip IL
a 161
Of lb
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j," Op
4-1
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k I
d
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>
4
bpi 4IF lk
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ek
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19
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04
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p
lb
to
LCF
L�L
Agenda Item #15.
FORM FOR WATER SUPPLY WELL 4REE"HATA'HON SFAVICM
BED Ns &B-46
SLTB: City of Coral Spfinp
9551 West Silo RJDad
Coral Sys Morida 3306.5
T"'D mxkrkgried N"Aw PrOPX= Md agmes,i-feis Bid awqt4 toeatform aH woik as spa�ified in the Bid Dwmmu for ihe
Prioc(s) and widAn ft time �cated in Bid in a-cmidimwith the temis and
n&ow of the Bid Documents,,
this Bid mm0of the tm.�
condidow off invitaflon to Bid and Ingm0flons tobduding wiffilt
limitadon dXM PWWniOg tD the, dispoddoni
3, Bidder oxminod the site of the project become My - ed conceming &c
looal wndifions, and nature and eumt of wo& Bidder
cramiwd ft
dwmgespro ff any, ffie bond and ' i
withovtnn, O
.. wriMm notice alleo�� ,r.
diswqwides it disc*vared in the Bid &orContaa dooments the wfitten
rwolutkm thereofby the Purchgoing A IetDBid.
5. Bid proposm to Emmish all ;
too asuPP* , and avervision fbrthe wc& desm` d as folaows:
WATER SUPPLY WMIL.MHA_ ILIT'A1TC7�{ 5,,w�cm
�r Bidder wM*DM
.Pldt ffie work for the fo0o ' :?
� pn*• See Exhibit
7< GOAL INFORMATION CQNCERNM THE
USE OF A MISCET. �E3US WORK ALIDWAN�E
A miwellanww wcwk dlowa= is a doUv mount ed as a Ene item on the hid form.
This amount will only be used to cover fae wst of anymforemm condffio= that may
Oom during the projea and wiU orda. This mkodimeous work
allpwance wiH- not be. paid to the mrxmfb1 con&actor as put of the bid ffi*rmittaL
qw-amPles Of the MiscaUaneew work allowance baffig ustd due to unforeseen condifiom
wed be replaemot of detezionaed • additional hhor and to
a w*H ce%w Ved4 or replacemmt of leakiXg des.
W I of 4
Page 320 of 403
Agenda Item #15.
Aff work UM9 flw wUwwus, work Amance
and the Public Worlm-Utffitice MvWon bc&rc my
&ManW work wfilbe
81 The undaw"vmd Bidder w f1w �e=
t i
90VCMM=1 49mcies located in the St.aw of Florida od coves by this
ow, jfrCq*0i Yes NO
9. c& is hey ma& of the ID1(idenfified by numb&)
received � the Invitaflon to IN&
Addoxhm No. 'Date F3 / 2,5 /,a L-Nj tc
Addendum..No. DdeUaj_gCLL(0
AddendumNo. DaW
10, PLEASE HAVE YOUR INKMANCE REPRESENTATWE CAREFULLY REVIEW
THE MLTRANCE COVERAGE CONTAR41M IN THE
INSTRUCTIONS TO ]BIDDERS PRIOR TO STJ'M0 YOUR BID TO ENSLTRE
CON2LJANCE WnH ALL INSURANCE REQLTMEMENT'S,
The Crly reswves 66 ri& tO awaxd ft conftW on the b of any combbation of the
-eve tems�, or all t=i in which the CITY dems in its b W
2. Commudcations con shall be addressed
Name: (ZffA�\%yy ID 1 N 1 Nt T %A r V.% � i
►drea:
l L . 33Q n Q
Teles&aae No.:
fax No.:
13. The followsag documanft are attacW to and made as a ocndition to this Hid:
(a) Form Bicidea's cerkificafion
(b) Ceci reao%tfon (omporWion, pmtnwAdps)
�c3 C�t(s) oii=
(d) Non-cQUUsive affidavit
(e) Bidclefs ion heart
M Bilmell Forcip (NonftFlorida) corporate statment
(9) Ref er
(h) Key Subcontrador Lisping
Page 2 of 4
Page 321 of 403
Agenda Item #15.
1103 INK
-m- "M 7 W
BII3DERtS 99&TIFICA�nmN�
S
In css whemg the Biddr cxwuted Bid Form this day of
2
01.6
tum ot Inof
wi
Prhftd Nye of hufivival
A�Kr�TOWLEDGFMENT
Side Of
County of
The ias�ment was �ck�aw geed 1� me this � cif of �1��. 2t31 l�o
by � Chu xs sally known to me or who hiss
produced as identification and who &d aatj tyke an oath.
Q]
Ca
seW*
...+� MM
W COMMISSION 0 FF WW
z EXPIRES; November 11, 2w
„ w Bonded Thtu add" Puhie U[sie )ns
(Nwle of Notary Public: P63#1 Sump,
ow type as Comwissionei)
Pap
Page 322 of 403
Agenda Item #15.
BIDDER C �ICATK1N
In Wtu" WbgMt the Bidd9T OxecuW this Bi day of' allr) e,
201
Us
tMs
----.Mown
dame C `
Pwb=Np� Fim
yr) S0Printed Name of Owner
. (6 q (n e) VA C) J�A SC,
_Wes� on R�nah.. 1P 33 LkoOt
cityfSswmp
N^ �) (n t 5 - Octag
Btisinm Phone Nm
Stft of F
I Cx % (AOL.,..
County of J41n
Thy fare$�i�g • wasac�Wleag�. before, � � a$ of 2(#l�.,t,
(Name), (Title) of
who h� produced (Name of company) Whois kaovtm to m� or
-- .- ..... as identification and via did (cis aot) tyke an
ASS my hand and of%ia1 seal.
-"JDSERER
DIY COMMON # FF M70
EXPIRES: November 11, 2oj
BMdad Thru Notary Pubic undue
(Nme of NWy Public: Pdn% Stamp,
or type as Cdmmiskoned)
Page
Page 323 of 403
Agenda Item #15.
SECTION 00300
BID FORM
Existing ROW WNtRE SURRIV Weil Rehabilitation
Unit
Price
o
I
MObIWA10n and Demoba
e. Getdng to a Wei she in Coral Sprhas
LS
1 000- 00
The fOlf0wingftm a f Individu8i WON sfts wkhln the City:
Wbiftdon and lbmftn
a# MWng to a we# site in Cow Springs
LS
Setup and removal of equipmeft at a "I
EA
,
4
Remove pump,, cdumn pipe, ahead,
I EA
o 1co
transdoor
Rotary brush dean exleflng weN ouft
a Hr
IC)D
�. 00
and sm, comps
Addize 8xiSfing weU 3wmn Wth Suffamic
2 EA
k 5CO • 00
.� , ..�.�_
*�
Acid, completo
Ak Surfing
Hr
ur ish and install to po lap Pi
[ L
&—),�
over screen
Add graYSI tD WSH
so GF
CX5
10
Air dew weU
so Hr
sjq�.Ll (X),, 00
I I
Remove MOM gnwd pack and lap pipe
I LS
i o
50 -()o
12
l e om pmt pump devebp ent, qWp
8 Hr
. O�D
dnnvdom, and nd tee on wmU
13
PM and Post TahMI n Video Surveys of
I LS
-$-15PO *00
We
14
Super ChWnathn
1 L
y 1DO -00
is
Add0-feet cokAmn p1pe
I LZ
M
sue. 00
Is
leIrWd WeR pump, Column pipe &
1 LS
$qw, 0
■ (:50
.Tram
17
Pre and Post �
iobg� antis
I L'
fi
is
'ProjedAffamn:e
LS
2.000.00
19
SU13TOTAL ffEMS 248
40. 0
TOTAL ITEM 14XITEM 1
4121
27"50.GE
00300
BID FORA
Page 324 of 403
Agenda Item #15.
U rl-ON STATEMMWT
T& owfifics =Wcr Oa& dw buth wd coffc�Mm of aU statments of aU aww=
to questiow
SUBMUTM To; City of Coral Spdry
f%nchasing
# ~
suator)
ADDRESS: 9551 West Saqple Road
cmd SPdqP5 Florida 33065
CAM
SUBY:260n Coqwatiou
NAME !C'l w,
putmsbip
Y\.(:x a IVi&W
ADIDRMS.: Qha
-01&. nt&rin �)O Sc
nUPHONENO....5(Ok---
FAX NOc)
B-MAJL ADDRESS:co vin
_ CA r-A
e tra
nme of . m�' #� or
fi:ldfious n unda wbich Wu do bows wd the a&lrm of flaw of bm
The =red nme off Bides : t
The addrm Gf the�� `L
e-%-I. V-v" 0 -VCAIY I )Q, r - - L.- -
!4'
•
2�, � �� crpmfi, answer the following:
aW of Inowpomfion-, 2L.
St
C. Nesideofie:
f vice ftekdawn 52�60 12M6
SecretarymM.
reMircefie:
.M:!h=
Page I of 5
Page 325 of 403
Agenda Item #15.
Name and adds of Resident Agent:
3. If Bid is an inffividual or a partnasbip, answcr the foot:
a. Date of orgmizefi,
b. Name� ad&m and owncosIMp uafts of 0
State�� ;mtnasb1*p:
4
., if�� ffia an individual, the oWnizadon
&e ffie name and i
Bid is om under us nmiro, submit fence of ammoance with the
Florida Fickdous Name Ste#
# How many yam. Yom orsmftafion
bew in business mda its pvsmt businm nm
Unda wbat Odw kma names your orpmizafion opmW?
i
j I q
7, ln&oft numb or owtic&e numb= for the buskesm o
�fiw&iO= K&jed 'ffiis IN& Ply aftwh m aft =&or
sUft R ion
COYAEaaec
aV2 of 5
Page 326 of 403
Agenda Item #15.
$. Do you eve a r=plete set of dommenb, including drawings sIdmda?
• Havo you tvcr hiled to (*Mplete gmy work aadcd Ifs staft when., why and
why
0. List the pafinent expe== of the key inffividuals of your on continue on
�sheetvifnwmarydr
Staft the nme of ffie fiuhvidW who will have penmd supm"vimon ofthe wort:
2. Wi� � the � five �s any ohm or u i� ever � an
oano on when it fi&ed to oomft a contraW If so
=plain fWly,
. Stae ffie ngm-e = oWoey, *f any, fDr the businm off 0fferon.
Pap
e- �- bor)
Page 327 of 403
Agenda Item #15.
4. State the u=cs addremea of a Tessa an&or individuals who own an interest of
Mon five (5%) Bites � �rAte wned
of cwh mch busimm for individual:
154 Statethe nmnes, �=sa and the type of businem of all firms flWam pmtiaUy or wbolly
owned byBid
Page 4 of 5
Ut.c.,
Page 328 of 403
Agenda Item #15.
THE BIDDER ACKNOWifEDQIES AND UNDERSTANDS THAT THE
WF4RMA.'1'I4H CONTAII4ED IN RESPONSE TO THIS QUALWICATIONS
STATEMEN`I' SHALL BE RED UPON BY OWNER IN AWARDING THE
CONTRACT AND SUCH INFORMATION IS WARRANTED BY BIDDER TO BE
TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEN&Wr T14AT
MATERIALLY AFFECTS THE BIDDF,WS QUAIMCAnONS 3`a PERFORMUNDER THE CONTRACT SHALL CAUSE THE a� 20 �cT THE gym,
AND JF AFTER iBE AWARD TO CANCEi. AND TERMINATE THE AWARD
ANDfUR CONTRACT.
ig finbummtwas � l� �� meday Of 7_t -9 f
2�ndl
F
(did wt) t*e an oaft .
WUNM my Be&.
NOTARY C
FE
IN FEDERER
r COMMSSION # FF =70
EXPIRES: Nmember 11, 2019
amded Thm * d Pu* U brs
p W I _
.Nam of Notary Public* PriM Stmn
cw type ' a te
Page
Page 329 of 403
Agenda Item #15.
CE04
N
In der to eve Bid ud � � n on thproposed � .:. 0
...
folio SbaW be cm-rO r hLd. Ibis infbmation may be
used in &q. . the Bid Awad for wsftwt
s�it'll :xrk Q a
`
owl
ll
...... ......
&Irtm of nit facWtv.
Lia (5) con4xwesor Wva=iental agmmks whm dme products swvim have been
4; - 1 e# # J r # f
Company Name:�
d d r e
Address:
0 .011V
U)
F
_ aai(r�q
i i
Tel
i _
Contact Person:
i
kwo
Tifle-1..
Products Sold:
ib)h
I
51 -I LLIE
Companyte
2. Nama. nk"I
M1
✓k i
7,C)a d
TelcphoneNo:
5W-U
�40,,4000 Cvf 41 -4
Contact Femn.C=
ON a.
ri
—T
Ttle,,CAI 2 C)31*
■ #
DateProducts
I
3. companykme: F I
Cx-kda,, C L
la... I C9 al?.:N C1
Telephone Nos- (
40
x +
cont1 #t w i ,7psu
S 0-
Title:
Dde Products SoUr
tg I b
Page 330 of 403
Agenda Item #15.
KEY SlTMi'OT{Tt+s R ��7'rnir
TIV BMdor Wqxan dw cm (1) of the Mowing kboonftacft ftm or in each - be
cWjffv pr= to comnMO-M � ��
KeY SubcoWacwr Lisin of any o
the dOW N= nw be caum for ffisPWifiuton of a &m?a bj&
4*
(Portion W
iN�
or
of dd=
(Ph�e No.)
(portion of WO*
(Name of Subcmftmr) . one N.
(Nam of Subc=Uaaor) (A Ami vm) O%OW No.)
'k
4
(Portion of W
(Na= of Subconftuctor)
(Name d&msn .
(portion of Work)'•.
(Nme of subcon�r) (A ss) (Phone No-)
(Nam of S o tor)
(Address)
pop I Of I
Na.}
Page 331 of 403
Agenda Item #15.
FCi GN(NON— RIDA 3�tS MUST CO LEM = FORM
OF STATIE CoRpoRATjB CHARTER No.
T+�
is .exempt the I m eint ofSectkm 607.15017Flc6da t� MST gMAMBEIDW
I&M oonba dw Deparkned of Sbft, Divi*u of Corj*radow at (M) 245-6051 for asfiaa=
a�
(1) All, C0qQMti= MAYMt Mwt busimm iu this aftft it obmins a omtftate of fium to Dqmbmcd
Owe.
(2) The oR ' '
tmos���do not * ��� e
�.,.-.�.r.. a r r # � any pro
#
AL N
Wr T40))dkg thi g gi oftheboard of'Ovotm or sbarcholdw or canylAg on otbu acdvides oonoerning bw& aeooun'M
..,..�� dD r • ` '� offwm or IW * far d3e ftwnfw, 1.� �. , s t of ' o
wn
dimin or MR Pik
Sdft am* . , conhactom
solid or 0 ordm, wWew by maM cmpyaM agues., or o6mviw, if the
ordam 4b acoijowe outside this state befim fty del
� Mhe
Pt
of a blo nff fim.
�a- wd Contmlfing a ., 3n cr
stae or vow &c sbock of any — which it bas UmM
�� � � r� It
and dud= of
UWM, real aW PMS=81 -
(3) The list of aces 2 na .
em dMk ow of to fDlkmft if ycwfim is a
0) _ , Jc&t Vim, FAft or TrW
Sow -per
NOTE: This ibeet hAbeenclosed with ymryou oa ors ibon, If YOU Wt
check I or 11 ebav% ym &m will be couddmmd a opq�� and Md*d 10 aii.
i.
BIDDERS CORRECT 1ZGAL RAW
$IGNATURIE OF ALTMORLZM AGE OF BEDD
Page 332 of 403
Agenda Item #15.
CERTUM RESQLiJ'I`IpN
'T
SOL dV-
(Name), the My el�c�. Shy of ����C � � �ne. 1�. �,164
(Co*rate `rtle), a �r�rsdan 4r�z� ar�d existing user the haws of the State of
�� � do ��tifYtt�tt� MMMMMMW�
f�llewnsg Re�ai�ionwasrimou�lya�np�d, aad
P&qsed gtumn= afthe Board of Dfiwtm of *e Md corpo�ation at a �eeti� held in acco;dsnce with
and She bylaws of the said cc�rpor��n,
"ITIS Y RESOD THAT
q .(Nm The dWy
C1eCW Ine
(Title Of Officed of ClnlL � I Lac -III Tide)
be is hey to e we submit a Bid wd Bid Bond, ff=h bocity
of Cmal SpfiW suoh o&cr instments in mm."ting as mybenemsmyonoft
ffid tbo BicL Bid gond� wd other m instru pAbyI�►er shaU be b upon W
its own acts and dftd& The seaeWy Caffy the -and sipatum o
to act by the forqping Motion.
The CitY Of Qwal befiMrejyiAg W= MWh Mtificafimo le
� - Ming
MM or smwmg M of hanodug the of aay so certified or for rddsipg to honor any
9 so catied,
certifythe above resoludon in ke met and not bm rcVs4 eked or
resdndzdL
certify 9W the follow are the �, titles a.ad official of thm pemns authofized to
act by the foreping on.
N�.ME � S�GNA'I'i11tE
CAven =der my the of the sm"d =po'rafion t .. day
o
2(wt
(SEAL)
' a
NOTE: Corpomte Title
is asu&pftd form of t&t)peof CorponftRmlution desira such folm need notbe
�licifly, bit the Ccified Resolufion iubmitted must clay sbow to the s&Action of &e City of cmal
Sp&gs that� o d Bid e� �€ properly � �
,
the
on to do so M* its behalf,
Page 3.
Page 333 of 403
Agenda Item #15.
lit 0 N: i:QLL�iS1iM AFFIDA�V IT
(1) Hedshe *13 Ow - ' , PC P S-% C4 efNf — --% . (Owner, Partner,
jmcvr� Rqpmsentafive or Ate) of - Ce I ilk r% A -
the Bidder dw has submiWDd the armed i •
(2) Helshe 'is hIly respecting the amfion and contents of the don
all anent reqwthw MichBids-
(3)
SuchBidis emd is a collusive or sham BK,
(4) Nei&= the said Bidda any of its em-M
MPYM Or Psrties in inUmmt including this have
o=nived or &Wwd� &rcWy or indireWy, with any o&w BiddcrEnn,n t
001Wive or sh= Bid in W Octiwith dw W� � which the
subwiftd�- or to * �� Bid
ddi% in connection with such Work; or have in any manner,
directly or y, might by agmement or 011usion, or mmmunicafion,
with any B
ffidder, .. fum, or PCMx to fm &C pnoce or pnew M -ffie amched Bid or ofany otbff
Of 1. to fm my oveduad, profit, or ont elements of *e Bid prioe or &e Bid price of
any &a dder, or to seem �� '��
� �� ��
%Pxmwmt my advm*p
gledpia4 or anypersm M&erWoscdWorjq
(5) The price or.pien quoted iu *a &wlted Bid are ffir�puv
'�not
coliusior6 WU*aCYj connivance., or �� - -- ,1t on the � of the 'Bidder
other
affmt f ogr y
�, employ �� this
Page I of 2
Page 334 of 403
Agenda Item #15.
Sim swled and &4ivcxd
M the
. Nlei.-
{Pcinted
Pc-eSIt I Apn+
(Title)
A.c.YbN.QYaXmP9EhffiNT
ITS.
Big 9L
n ■ +
The forWing ent wa ackno,)e..
201 me
or who bw��as I
�� c � . &d not � an
B&
nTNESS my himd offididsea
KM FEDERER
MY COMMISSION # FF W
'EXPIRES: Nomber 11, 2019
F DoM Thru No" Panic Undw t m
(Name of Not" Public, P&
SSA Or TYPe 'SC.
Page 2 of 2
Page 335 of 403
Agenda Item #15.
:iCen- so
Mk,,Imr
9 &M
Own
, O:F rLORIDA,
WE ir
L C-r
Mmn.
a N T
C OR
NSE
Issued to
John �a�
x
wo
001
P1 res--. - 3 112., I
"'Avow
I
Iry
DIST ICT CERTIFICAtION OFFIC R
Page 336 of 403
Agenda Item #15.
0000008393
CENTERLINE DRILLING INC
1696 OEE H BEE RD # 8
ATERII ELL DRILLING
6981 237110 WATER & SEWER LIME & RELATED STRUCTURES 86.81
88.81
W* PAID 86.81 ** BAL #* O.Go
Page 337 of 403
,
A00iri #15-
CERTIM'kfATE OF LIABILITY INS6mANCE --'-15 16
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO FIGHTS UPON THE CERTIFICATE HOLDER, THI'S
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 INlSURER( AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE ATE FOLDER.�'
IMPORTANT: If the certificate holder Is are ADDITIONAL -INSURED, the P dicy(Iss� must be endorsed. IT SUIBROGATION IS WAIVED subject to
the terms and oondr� of the fI �
cy, certain policies may require an endorsement. A ststernent on this certlS ate does not confer rights to the
cer tiflcate Folder In lieu of such endomernen .
IPRODUCER
Blackader Insurance Agency,, Inc. ZPHWONLiE 143 Ronald Reagan Blvd'Longwood FL 3 5Miew-RuthiftlAnkadar.00m
WOURIffol AFFOMUG SAGE KAIC #
IN UR A
INSURED any
CE 1TDRI-01 INeURIER S
Centerline Ddiling, Inc INSURER c
1696 Id Okeechobee Rd
Sufte 3C INSUROR D
IIeg Palm Beady FL 33409 INSUMR &
INSURER F
COVE RAGES NU BFR:15o438 3 REVISION UM E:
THIS IS TO CERTIFY THAT Tit POLICIES OF INSURANCE LISTED BELOW FIAIIE BEENUED To THE INSUR -NAMED OVE FOR THE POLICY P-ERI D
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VWTH RESPECT To WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERT'A N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INGR TYPE OF INSURANCE POU Y EFF PRICY EXP
1�OLICY NY ER UNffS
GENERAL q.rrr LD0141374 SM015 swot EACH OCCURRENCE 1 000 ODD
OMM�LAL GENERAL LIABILITY10
LAIIM��MADE OCCUR
MED one DQD
• - ...� PERSONAL & ADVJNJURY $1,000,000
..,`......�...��.. EN6l�AL AGGREGATEDOD DDD
CN'L ACREG7`E 'LI�Iy+IIT JIPPLJE PER: PRODUCTS - COMPIOP CEO 0( ADD
POLICY LOC
AvnmoaILE uAftrrr CAD0217444 016=5 BMW%
Ma cold ODD
ANY AUTO BODILY II�JI„iR r person)
OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY (Per Goddard)
X HIRED AUTOS x �R►UT NON -OWNED PROPERTY DAMAGE
UlMABRELL 41.1AB BUR EACH OCCURRENCE
E C ESS 4111E GLAIR~ S4WOE AGGREGATE
DED RETENTION
WOOMRS C ''
ol�lrsAI O TU� w
AND EMPLOYERS' UABILFTYTORYAMin
ANnr PROPRlETOIARThIERIDLECtJT�11� Y J N ��, � AIDE
OI=FICE�MBER EXCLUDED? NIA SIT
IfMo, die lbe In Nurrder EL. DISEASE - EA PLOYEE
bRIPTION OF OPERATION mow R.L, MEME
PXIY 1.IWT
DEWMPMR OF OPERAMNS I LOCATIONS i VERICL O ~h ACORD 101, Additional Rwmrke Schedule, F more space Is Mqulre
Certificate Holder is included as Additional Insured and Blanket Waiver of Subrogation applies; with regard to General Liabil d B
uto when required bar when contract. � and ss
Ity of Core[ Springs Is included as Additional Insured wfth respect to General L'Iabiiity and Auto Liability when required b written con
days notice canc llation, except 1 days for nonpayment ]� tract.
rc3o
CERTIFICATE HOLDEN CANCELLATION
City of Coral Springs 8HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THERE F, NEE WILD. BE D IN
Coral Bprir�gs FL 33066
� West Sample Rd CORDA�IE WITH THE POLICY PROVISIONS.
ALFTHORMW ENTATM
'1 8 010 A DRD CORPORATION, All rights reserved:
A RD b o o The A o D name end logo are re letered mars of ACORD Page 338 of 403
M -
Age #150
A4CR CERTIFICATE OF LIABILITY INSURANCEIM (M�
-EM 20016
THIS CERTIFICATE I ISSUED AS A MATTER F IN RMATION ONLY AND CONFERS RIGHTS UPON THE CERTIFICATE` HOLDER. THIS
FCERTIFICATE: D� NOT AFFIRMATIVELY R NEGATIVELY AMEND, EXTEND R ALTER THE COVERAGE AFFORDED E THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( ), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
lMP RTANT: If the cerdfl holder Is an ADDITIONAL INSUREDS the policy (l ) must be endorsed. if SUBROGATION 13 WAIVED, subject to
the terms and conci lops of ft poky, certain policies may require an endomemeft A statement an this certificab does not con rights to #t
eri fio a holder in lieu of each endolrsome a .
IDUCER UT RUh Munoz
Bla l adar insurance Agency, Inc. PHOn
�°1 36 Ronald Reagan Blvd
Longwood FL 3
AFFOIRMING
RGUMR A ;
INSURED EI TORI-01
IHSI)F ER B :
Centerline DtiIIin , Inc
11596 Old Okeechobee Rd
Suits 3
IN J#�EI C:
1HkiRE D ■
/�
West Pal.#..y� Beach FL 3409
INGU e:
_
INSURER F .
COVERAGES_—_ CERTIFICATE NUMBER: 67068=0
THIS Is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUI
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUDIED BY PAID DLAIW
TYPE OF NSURACE -POLJt err
CY NUMBER
IERAL UAWLfTY GLOO141374 SA0118
I COMMERCIAL GENERAL UAEILITY
CLAIMS40ADE K OCCUR
3RE ATE LIMff APPLIES PER
AVTO100131LE I.IAMUTY C 100 1 444 - —&WO15 BWoi
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
UMBRELLA UAS
EXCESS LIAR
LLD
OUR
CLAIM"ADE
WORKERS COMPIEIeATION
AND EMPLOYERS' L.IAEILITY YIN
ANY PROPRI.ETOROPARTNERIEXECUTIVE
OFFICERAWEMBER EXCLUDED? � N I A
(MandwWw r In NHI
It Ym de xft under
DESCRIPTI0I4I OF OPERATKM I LOCATIONS I VENOM fah ACORD 110% Addlbwal Rea Aft 901oftle, U mere space Is recur
Certificate Holder is Included as Additional Insured and Blanket Welver of Subrogation applies, Wth n
Auto when regpdngs
uIr d b writtencontract. .
Cityf Coal i Included a Additional Ineared with respect General Liability and Auto Llabi
CERTIFICATE HOLDER
CRY of Coral Springs
9561 West Sample Rd
Cores Springs FL 33065
CANCELLATION
REVISIONNUMBER:
Naic r
--D QED ABOVE FOR THE POLICY PERIOD
DOCUMENT WITH RESPECT T TO WHICH THIS
D HEREIN IS SUBJECT TO ALL THE TERMS,
I.J1I�ITS
EACH OCCURRENCE 0 D
REM (Ea 00mow")
100.000
S+ ODD
MW EXP one
PERSML & ADV INJURY
$1,0001000
GENERAL AGGREGATE
$2,000,000
PRODUCTS - COMPIOP AGG
$2,000,000
We= IS WE", MILE LIMI I
BODILY INJURY (Per paw)
BODILY INJURY (Per ammeM
PR RTYDAMAGE
EACH OCCURRENCE
AGGREGATE
ATU• I 10TH-
FE.L.
EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
gand to General Liability and Business
ity when required by wr Itten contract
SHOULD ANY OF THE ABOVE DESCRIBED POLES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE MLL EIE DELIVERED IN
ACCORDANCE VM THE POLICY PROVISIONS.
AIl71l4RUED ESENTA7NE
AD RD 25 (201 105
1 -2010 ADCRD CORPORATION. All rlghb reserved.
The ADORD name and logo are reg#1ftred marks of AGORD
Page 339 of 403
Agenda Item #15.
r y
CORAL SP R-INGS
EVERYTHING UNDER THE SUN —
NOTICE OF AWARD
Dated December 9,2013
(Bidder - Use Full Nwne
(Street Address)
(Town, State, Zip Code)
BID TAB;
BID NUNMER:
DESCRIPTION OF WORD.:
You are notified that your Bid dated + - - fbrtb;*bove-.--.W6rk has been awarded by the Coral
Springs City Commission on
The Contract pe:i. Dollars .
1. Performance and Payment Bonds are required in the event that any individual project cost is
over $100,000. When a single project cost is over $100,000, the following instructions
apply:
Where the Contractor is a Corporation, the Agreement and any Bonds .must be executed by
the President or the Chairman of the Board of the Corporation. The Agreement, or Bond, is
accompanied by a statement certified by a Secretary of the Corporation. The signatures of
the persons executing the Bond on behalf of the Principal and of the surety, respectively,
shall each be dated on the signature line. If the Bond is executed by an Attorney -in. -Fact for
the Surety, the accompanying Power of Attorney must be executed by persons whose
authority to do so is plainly identified on the face of the Power of Attorney.
CITY OF CORAL SPRINGS, FLORIDA • FINANCIAL IAL SERVICES DEPARTMENT a PURCHASING DIVISION
1 1 . Sample Road a Coral Springs, FL 33065 * C ral pdng .erg
Phone 4- -1100 • Fax954-344-1186
Page 1 of 2
Page 340 of 403
Agenda Item #15.
2
Where the Contractor is a Corporation, the Agreement and any Bonds roust be executed by
the President or the Chairman of the Board of the Corporation. The Bond, Agreement, or nd, is
41
aucompamed by a statement certified by a Secretary of the Corporation. The signaturessignatues of
the persons executing the Bond on behalf of the Pr*nce al and f the sure re e `
p rely
shall each be dated on the signature line. 1f the Bond is executed by an Attom -in-
ey Fact .for
the Surety, the accompanying Power of Attorn must a executed b persons ns phase
authority to do so is plainly identified on the Face of the Power of Attorn
Neither signatures nor the Corporate Seal may appear by facsimile Mess the authority for
them to appear in that foram is plainly disclosed on the face of the document. The Se
or other properly authorized officer, must certify and seal a statement declaringthat
the
authority granted by the Power of Attorney remained in force on the date that the Bond
was
executed by the Attorney -in -Fact.
2. Include two 2 copies of you current Certificate of Insurance. The Certificate mu
st name the
NE (City ofCoral Springs) as an additional insured and the standard cancellation
clause must read as follows;
'Should any of the above described policies be canceled or changed b restricted
y
amendment before the expiration date thereof, the issuing Corm an will e '
� tasty
(30) days Witten notice to the below manned certificate holder".
Failure to comply with these conditions within the time specified will entitle the City
consider your Bid abandoned, to annul this Notice ofAward and to declare your Bid Security
forfeited.
Within twenty 20 days after you comply with the above conditions the Citywill
return t
you one fully signed counterpart of the Contract Documents.
If you have any questions, or if we can be of any hex assistance lease ado not hesitate state t
contact the Purchasing Division office at 954) 344-1100.
Angelo S lomo e, Purchasing Administrator
Page 2 of 2
Page 341 of 403
Agenda Item #15.
r
TO:
(Bidder)
PROJECT NO;
PROTECT:
OWNER'S CONTRACT NO:
CONTRACT FOR. -
NOTICE TO PROCEED
Dated , 20�
You are notified that the Contract time under the above Contract will commence to run on
,20 �. By that date, you are to start performi g the work and your other obligations
ations
under the Contract Documents. The date of Substantial Completion is set forth in the Contract; it is
20�. The date of Final Completion is thirty 0 calendar days
after Substantial Completion.
Work at the site must be started by 920 , as indicated in the CoAtract Documents,
(Owner)
By:
(Authorized Signature)
(Title)
Page I of 1
Page 342 of 403
Agenda Item #15.
CONSTRUCTION IOI SERVICES
GENERAL CONDITIONS
ARTICLE I - DEFINITIONS
Wherever used in these Construction Services General Conditions or in the other Contract
Docents the following terms have the meanings indicated which are applicable to both, the
singular and plural thereof:
Addenda - Written or graphic instruments issued prior to the opening of Bids which cl n
correct or change the bidding Documents or the Contract Documents,,
A regiment - The written agreement between OWNER and CONTRACTOR covering the Work
to be performed including other Contract Documents that are attached to the Agreement or made
a part thereof.
Amfication for Pay -rent - The form accepted by PROJECT MANAGER which is to be used
by CONTRACTOR in requesting progress or final payment and which is to include such
supporting documentation as is required by the Contract Documents.
ARCHITECT -- Architectural consulting Erna representing the City of Coral Springs, Florida.
Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
Bonds - Bid, performance and payment bonds and other instruments of security.
Chanste order - A document recommended by Contractor, PROJECT MANAGER, or owner
Bich is signed by CONTRACTOR, PROJECT MANAGER, ER, ARCHITECT, and OTTER and
authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract price or
the Contract Time, issued on or after the Effective Date of the Agreement.
Contract Documents - The Contract Documents consist of the Drawings, Plans and
Specifications, Bid Form, CONTRACTOR'S Bid, including documentation accompanying Bid
and post Bid documentation submitted prior to the Notice of Award, Qualifications Statement
Contract and all Exhibits attached thereto, Addenda, and Notice of Award, Notice to Proceed
Payment and Performance Bonds, the Construction Services General Conditions, Supplementary
Conditions, any additional documents which are required to be submitted under the Contract and
all amendments, modifications and supplements issued on or after the effective date of the
contract.
Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract
Documents as stated in the Agreement subject to the provisions of the Contract in the case of
Unit Price Work).
Contract Time - The date stated in the Agreement for the completion of the work.
Doe.130682
Page 1 of 43
Page 343 of 403
Agenda Item #15.
CONTRACTOR - The person, fmn or corporation with whom OWNER has entered into the
Agreement.
Defective - An adjective which when modifying the Work refers to Work that is unsatisfactory,
faulty or deficient, or does not conform to the Contract Documents, or does not meet the
requirements of any inspection., reference standard, test or approval referred to in the Contract
Documents, or has been damaged prior to PROJECT MANAGER'S S recommendation of final
payment.
rawin s - The drawings which shove the character and some of the Work to be performed and
which have been prepared by the ARCHITECT and are referred to in the Contract Documents.
leld Order - A. written order issued by PROJECT MANAGER AGER rhich orders minor changes in
the Work but which does not involve a change in the Contract Pace or the Contract Time.
Notice of Award - The written notice by OWNER to the apparent successful bidder stating that
upon compliance by the apparent successful bidder with the conditions precedent enumerated
therein, within the time specified OWNER will sign and deliver the Agreement.
Notice to Proceed - A. Witten notice given by OWNER to CONTRACTOR (with a copy to
PROJECT MANAGER) the date on which the Contract Time will commence to run and
on which CONTRACTOR shall start to perform COI TRACTOWS obligations under the
Contract Documents. This written notice will also state the dates of substantial and final
completion of the project.
OWNER - The City of Carat Springs, Florida with whom CONTRACTOR has entered into the
Agreement and for whom the Work 'is to be provided. The OWNER'S representative shall be the
City tanager or his designee unless otherwise specified in the Contract Documents.
PROJECT,,MANAGER - OWNER's Construction Project Manager or as otherwise designated
by the City Manager.
Shop Drawing - All drawings, diagrams, illustrations, schedules and other data which are
specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all
illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other
information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or
equipment for some portion of the Wort,
Specifications - Those portions of the Contract Documents consisting of Witten technical
descriptions of materials, equipment, construction systems, standards and Workmanship as
applied to the Work and certain administrative details applicable thereto.
Wage 2 of 43
Doc. 130682
Page 344 of 403
Agenda Item #15. �
Subcontractor - An individual, fmm or corporation having a direct Contract with
CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at
the site.
SURPHer - A manufacturer, fabricator, supplier, distributor, materialinan or vendor.
I nderuoun.d ' cll tie - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks,
tunnels or other such facilities or attachments, and any encasements containing such facilities
which have been installed underground to furnish any of the following services or materials. -
electricity, gases, steam, liquid petroleum products, telephone or other communications, cable
television sewage and drainage removal, traffic or other control systems or water, and all
Irrigation systerns on or contiguous to the worksite.
Work - The entire completed construction or the various separately identifiable parts thereof
required to be arm hed under the Contract Documents. work is the result of performing
services, furnishing labor and u~nrhrng and incorporating materials and equipment into the
construction, all as required by the Contract Documents.
Work Allowance; A pre-set amount of funds added to the bid form prici. e. These
pg
moneys are only to be used for additional work that may be needed due to change orders and
unforeseen conditions that increase the submitted bid amount, as approved by the City. This
work allowance will not be made part of the contract sum as shown in the contract documents.
Work Directive Chan e - A written directive to CONTRACTOR, issued on or after the
Effective Date of the Agreement and signed by OWNER and recommended by PROJECT
MANAGER TAGEI ordering an addition, deletion or revision in the Work, or responding to differing or
unforeseen physical conditions under which the Work is to be performed as provided in
Paragraph. 4.2 or 4.3 or to emergencies under paragraph 5.13. A work Directive Change may
not change the Contract price or the Contract Time, but is evidence that the parties expect that
the change directed or documented by a work Directive Change will be incorporated in
subsequently issued Change order following negotiations by the parties as to its effect, if any,on
the Contract price or Contract Time as provided in Paragraph 9.
Written Amendment - A written amendment of the Contract Docents, signed by OWNED
and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with
the non -engineering or non -technical aspects rather than strictly work related asp ect of the
Contract Documents.
ARTICLE 2 ! PRELEUINARY MATTERS
2A Delivery of Bonds and Insurance:
Prior to award of the Contract by OWNER, CONTRACTOR shall deliver to OWNER
copies of the certificate(s) of insurance evidencing the coverages required hereunder and
specifically providing that the City of Coral Springs is an additional named insured or
additional insured. payment and performance bonds which CONTRACTOR is required
]o. 130682
Page 3 of 4
Page 345 of 403
Agenda Item #15. �
to furnish in accordance with this Contract must be provided to OWNER within fifteen
(15) days after issuance of Notice of Award.
2
Commencement of Contract Time; e; Notice to Proceed6 ,2 :
The Work shall cormnence subsequent to the execution of this Contract by all parties and
upon a written Notice to Proceed from OWNER. No Work shall be done at the site prior
to the date on which the Contract Time commences to run.
DATER shall furnish to CONTRACTOR up to two 2 copies of the Contract
Documents. Additional copies will be finished upon request, at the cost of
reproduction.
.3 Preconstruction Conference:
Within twenty 20 days after the Effective Date of the Agreement, but before
CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR,
,
PROJECT MANAGER, and ARCHITECT and others as appropriate will be held to
discuss the schedules referred to in. Paragraph 2.4, to discuss procedures for handling
Shop Drawings and other submittals and for processing Applications for Payment, and to
establish a woring understanding among the parties as to the Wort.
A Finalizing Schedules:
At least ten 10 days before submission of the first Application for Payment a conference
attended by CONTRACTOR, PROJECT MANAGER, and ARCHITECT and others as
appropriate will be held to finalize the schedules and procedures to establish a Worling
understanding among the parties. The finalized progress schedule will be acceptable to
PROJECT MANAGER and ARCHITECT as providing an orderly progression of the
Work to completion within the Contract time, but such acceptance will neither impose on
PROJECT MANAG ' S OR AROI TECT' S responsibility for the progress or
scheduling of the work nor relieve CONTRACTOR from full responsibility therefor.
The finalized schedule of Shop Drawing submissions will be acceptable to PROJECT
MANAGER and ARCHITECT as providing a Workable arrangement for processing the
submissions. The finalized schedule of values will be acceptable to PROJECT
MANAGER as to form and substance.
ARTICLE 3 - CONTRACT ACT DOCUMIEITS • INTENT, AMENDING, RATS
3.1 Entire Agreement:
The Contract Documents c nmpnse the Mire agreement between OWNER and
CONTRACTOR con inning the Work. The Contract Documents are complimentary;
what is called for by one is as binding as if called for by all, The Contract Documents
will be construed in accordance with the laws of the Mate of Florida.
Page 4 of 4
Doc. 1082
Page 346 of 403
Agenda Item #15.
3s.2 Intent:
It is the intent of the Contract Documents to describe a functionally complete Project or
part thereof) to be constructed in accordance with the Contract Documents. Any Work,
materials or equipment that may reasonably be inferred from the Contract Documents a
being required to produce the intended result will be supplied whether or not specificall
called for. When voids which have a well known technical, or trade meaning are used to
describe Work, materials or equipment, such words shall be interpreted in accordance
with that mewing. Deference to standard specifications, manuals or codes of any
technical society, organization or association, or to the lava or regulations of an
governmental authority, whether such reference be specific or by implication, shall mean
the latest standard specification, manual, code or laves or regulations in effect at the time
of opening of Bids, 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 be effective to
change the duties and responsibilities of OWNER, CONTRACTOR, or ARCHITECT, or
any of their consultants, agents or employees from those set forth in the Contract
Documents.
3.3 Conflicts Error or Discrepancy:
If, during the perfonnancc of the Work CONTRACTOR finds a conflict, error o
discrepancy in the Contract Documents, interpretations will be based on the follov in
priorities:
1. Change orders.
2. The Contract and the Exhibits thereto.
3. Addenda, with those of later elate having precedence over those of earlier date.
. The General Conditions ofthe Contract for Construction
. Division 1 of the Specifications.
. Drawings and Divisions 29 of the Specifications
7. other documents specifically enumerated in the Agreement as part of the
Contract Docents.
. Written interpretation or clarification from ARCHITECT.
3.4 Amending and Supplementing Contract Documents:
The Contract Documents may be amended to provide for additions, deletions and
revisions in the Work or to modify the terms and conditions thereof in one or more of the
following ways:
.4.1 A Change order; or
3.4.2 A formal written amendment.
3.5 Supplements, Mnor variations or Deviations:
Page 5 of 43
Doc, 130682
Page 347 of 403
Agenda Item #15.
In addition, the requirements of the Contract Documents may be supplemented and minor
variations and deviations in the Wort may be authorized in one or more of the following
ars •
3.5. 1 ARCHITECT' S approval of a Shop Drawing or sample; or
..2 PROJECT MANAGER" " S written interpretation or clarification.
3..3 A field order.
3.6 Reuse of Documents:
Neither CONTRACTOR nor any subcontractors or Supplier or other person or
orgatron performing or furnishing any of the Work under a direct or indirect Contract
with OWNER shall have or acquire any title to or ownership rights in any of the
Drawings, Specifications or other Documents or copies of any thereof) prepared or
bearing the seal of the ARCHITECT; and they shall not reuse any of them on extensions
of the Project or any other prod t without Witten consent of OWNER.
ARTICLE, 4 - AVAILABILITY of LANDS • PHYSICAL CONDITIONS • REFERENCE
ONTS
491 Availability of Lands:
DEER shall furnish, as indicated in the Contract Documents, the lands upon which the
Work is to be performed, rights -of -way and easements for access thereto, and such other
lands which, are designated for the use of CONTRACTOR. CONTRACTOR shall
provide at CONTRACTOR'S own expense and without liability to OWNER any and all
additional lands and access thereto that may be required for temporary construction
p �
facilities or storage of materials and equipment. CONTRACTOR shall fim-Ash to
OWNER copies of written permission that is obtained from the owners of such facilities.
It is the responsibility of the CONTRACTOR to leave the additional lands in the same
condition as prior to work startup. Any damages caused by CONTRACTOR will be
remedied at CONTRACTOR'S expense.
4,2 Physical Conditions:
4.2.1 $hown or Indicated: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the
site is based on information and data ftumished to OTTER or ARCHITECT b
the owners of such Underground Facilities or by others. Unless it 'is otherwise
expressly provided in the Supplementary Conditions:
Doc. 130682
4.2.1.1 OWNER and ARCHITECT shall not be responsible for the
accuracy or completeness of any such information or data; and
Page
Page 348 of 403
Agenda Item #15. �
4.2.1.2 CONTRACTOR OR shall have full responsibility for reviewing
. � and
cheeldng all such information and data, for locafing all
Underground Facilities shown or indicated in the Contract
Documents, for coordination of the work with the owners of such
Underground Facilities during construction, for the safety and
protection thereof and rep amng any damage thereto resulting from
the work, the costs of all of which will be considered as having
been Mncluded in the Contract Price.
4.2.2 Not Shown or Indicated: If an Underground Facility is uncovered or rev
. � revealed at
r contiguous to the site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reasonably have been expected
to be mare of, CONTRACTOR shall, promptly after becomingaware thereof
and
before performing any work affected thereby (except in an emergency c a
permitted by paragraph 5.13), identify the owner of such Underground Facility
and give mitten notice thereof to that owner and to OWNER and ARCHITECT.
CT.
ARCHITECT will promptly review the Underground Facilityto determine
the
extent to which the Contract Documents should be modified to reflect and
document the consequences of the existence of the Underground Facility, and the
Contract Documents ument will be amended or supplemented to the extent necessary.
Ding such time, CONTRACTOR R shall be responsible for the safety
and
protection of such Underground Facility. CONTRACTOR shall he allowed an
extension of the Contract Time to the extent that any delay is attributable to the
existence of any Underground Facility that was not shown or indicated in the
Contract Documents and of which existence CONTRACTOR could not
reasonably have been expected to be aware. If the parties are unable to agree as
to the appropriate length of delay, CONTRACTOR may make a claim therefor
as provided in this Contract.
4.3 Deference Points:
OWNER shall provide engineering surveys to establish reference points for construction
nstruction
which in PROJECT MANAGER" AGER"S judgment are necessaryenable CONTRACTOR
T'R.ACTCR to
Proceed with the work. CONTRACTOR shall be responsible for l out the work r to
protect and preserve the established reference points and shall make ' no changes or
relocations without the prior Witten approval of Off ER. CONTRACTOR shall report
to PR .T CT MANAGER whenever any reference point is lost or destroyed or requires
equir
relocation because of necessary changes in grades or locations and shall b
responsible
for the accurate replacement or relocation of such reference points b `
. p � professionally
qualified personnel.
ARTICLE 5 - CONTRACTOR'S R'S RESPONSIBELITEES
.I Supervision and Superintendence:
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hoc. 1�
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Agenda Item #15.
; Ir-
CONTRACTOR shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work , in accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction. CONTRACTOR shall be responsible to see
that the Wished Work complies accurately With the Contract Docents.
5.2 Resident Superintendent
CONTRACTOR shall keep on the worksite at all times during its progress a competent
resident superintendent and any necessary assistants who shall not be replaced without
written notice to OWNER and ARCHITECT unless the superintendent proves to b
unsatisfactory to CONTRACTOR and ceases to be in his employ. The superintendent
will be CONTRACTOR'S representative at the site and shall have authority to act o
behalf of CONTRACTOR. All com aumc bons given to the superintendent shall he as
binding as if given to CONTRACTOR.
5.3 Labor, Materials and Equipment:
CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay
out the Work and perform construction, as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline and order at the site. Except
in connection with the safety or protection of persons or the Work or properly at the site
or adjacent thereto, and except as otherwise indicated ire the Contract Documents, all
Work at the site shall be performed during regular working hours, and CONTRACTOR
ill not permit overtime Work or the performance of Work on Saturday, Sunday or an
legal holiday without OWNERS mitten consent given after prior written notice t
PROJECT MANAGER.
.3.1 Unless otherwise specified -in the bid documents, CONTRACTOR shall furnish
and assume full responsibility for all materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities and all other facilities and
incidentals. necessary for the furnishing, performance, testing, start-up and
completion of the Work.
..2 All materials and equipment shall be of good quality and new, except as other ise
provided in the Contract Documents. If required by ARCHITECT,
CONTRACTOR shall furnish satisfactory evidence (including reports of rewired
tests) as to the Ind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable Supplier except
s otherwise provided in the Contract Documents; but no provision of any such
instructions will be effective to assign to ARCHITECT, or any of
ARCHITECT'S consultants, agents or employees, any duty or authority t
Page 8 of43
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Agenda Item #15.
Doc. 130682
supervise or direct the furnishing or performance of the work or any duty or
authority to undertake responsibility contrary to the provisions of Articles 8 and 9.
Substitutes or "or Equal" Items
.4.1 Whenever materials or equipment are specified or described in the Contra
ct
Documents by using the name of a proprietary item or the name of a particular
Supplier the naming of the item is intended to establish the type, f motion and
quality required. Unless the name is followed by. words indicating -that no
substitution is permitted, materials or equipment of other Suppliers may be
accepted by ARCHrMCT if sufficient infornma ion is submitted b
CONTRACTOR
to allow ARCHITECT to d e that the material or
equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by ARCH CT
from anyone other than CONTRACTOR. if CONTRACTOR wishes to finmish
or
use a substitute item of materW or equipment, CONTRACTOR shall make
written application to ARCHITECT for acceptance thereof, certifying that the
proposed substitute will perfonn adequately the functions and achieve the results
called for by the general design, be similar and of equal substance to that
at
specified. and be suited to the same use as that specified. The application must
state that the evaluation and acceptance of the proposed substitute will not
prejudice CONTRACTORS achievement of Substantial Completion on
p ,
whether or not acceptance of the substitute for use in the Work will require a
change in any of the Contract Documents(or rn the provisions of an other it
■ � e�
Contract with OWNER for Work on the Project) to adapt the design to the
proposed substitute and whether or not incorporation or use of the substitute i
connection with the work is subject to payment of any ficense fee or royalty. All
variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be
indicated. The application will also contain an eternized estimate of all costs that
will result direly or indirectly from acceptance of such substitute including
costs of redesign and claims of other CONTRACTORS affected by the resulting
change, all of which shall be considered by ARCHITECT in evaluating the
proposed substitute. ARCHITECT may require CONTRACTOR to Runish at
CONTRACTOR'S expense additional data about the proposed substitute.
.4.2 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, CONTRACTOR may furnish
or utilize a substitute means, method, sequence, technique or procedure of
q
construction acceptable to ARCHITECT, if CONTRACTOR submits sufficient
information to allow ARCHITECT to determine that the -substitute proposed is
equivalent to that indicated or required by the Contract Docents. The
procedure for review by ARCHITECT will be similar to that provided in
Paragraph 5.4.1 as applied by ARCHITECT and as may be supplemented in the
Contract Documents.
Page 9 of4
Page 351 of 403
Agenda Item #15.
.4.3 ARCH EOT will be allowed a reasonable time within which to evaluate each
proposed substitute. ARCHITECT will be the sole judge of acceptability, and no
substitute will be ordered, installed or utied without ARCHITECT'S prior
written acceptance which will be evidenced by either a Change Order or an
approved Shop Drawing, OWNED may require CONTRACTOR to furnish at
CONTRACTOR'S expense a special performance guarantee or other surety with
respect to any substitute.
5.5 Concerning Subcontractors, Suppiiers and Others:
. .1 CONTRACTOR shall be fully responsible to OTTER and ARCHITECT ECT for all
acts and omissions of the Subcontractors, Suppliers and other persons directly or
indirectly employed by his Subcontractors, Suppliers and of ` persons for whose
acts any of them may be liable and any other persons and organizations
performing or furnishing of the work under a direct or indirect Contract with
CONTRACTOR to the same extent that CONTRACTOR is responsible for the
acts and omissions of persons directly employed by it. Nothing in the Contrast
Documents ument shall create any Contractual relationship between OWNER or
ARCHITECT and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNED. or
ARCHITECT to pay or to see to the payment of any moneys clue any such
Subcontractor, Supplier or other person or organization except as may otherwise
be required by laws and regulations.
..2 All work performed for CONTRACTOR by a Subcontractor will be pursuant to
an appropriate agreement between CONTRACTOR and the Subcontractor which
specifically binds the Subcontractor to the applicable terms and conditions of the
Contract Documents for the benefit of OWNER and ARCHITECT.
5.6 Patent Fees and Royalties:
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 of any invention,
design, process, product or device which is the subject of patent rights or copyrights held
by others.
5.7 Permits;
CONTRACTOR shall obtain and pay for all permits and licenses. CONTRACTOR shall
pay all government charges and inspection fees as required by OWNER. OWNER
reserves the right to wive as it deerns. appropriate all municipal per nit and inspection
fees related to this contract. However, OWNER shall require that CONTRACTOR to
pay all fees relative to re -inspections, as they may be required from time to time.
5.8 Laws and Regulations at ions :
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Agenda Item #15. �
5..1 CONTRACTOR shall give all notices and comply with all laws and regulations
applicable to firnishing and performance of the Work. Neither OWNER nor
PROJECT MANAGER TAGER or ARCHITECT shall be responsible for monitoring
CONTRACTOR'S compliance with any laws and regulations.
5. .2 If CONTRACTOR observes that the Specifications or Drawings are at variance
with any laws or regulations, CONTRACTOR shall giveARCHITECT prompt
written notice thereof, and any necessary changes will be authorized by one of the
methods indicated in Paragraph 3.4. If CONTRACTOR ACTOR performs any work
knowing or having reason to know that it is contrary to such laws or regulations,
and without such notice to ARCHITECT, CONTRACTOR shall bear all costs
arising therefrom.
.9 Taxes:
.9.1 CONTRACTOR shall pay all sales, consumer, use and other similar taxes
required to be paid by CONTRACTOR in accordance with the laws and
regulations of the Mate of Florida and its political subdivisions which are
applicable during the performance of the work.
5.10 Use of Premises:
5.10.1 CONTRACTOR Mall confine construction equipment, the storage of materials
and equipment and the operations of workers to the project site and areas
identified in and permitted by the Contract Documents and other land and areas
permuted by laws and regulations, rights -of -way, permits and easements and shad
not unreasonably encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant thereof or of an
land or areas contiguous hereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ARCHITECT by any such owner
or occupant because of the performance of the Work, CONTRACTOR shall
promptly attempt to settle with such other party by agreement or otherwise
resolve the claim. The general indemnification provided elsewhere in this
Contract specifically applies to claims arising out of CO CTOR S use of the
premises.
5.10.2 During the progress of the work, CONTRACTOR shall keep the premises free
from accumulations of waste materials, rubbish and other debris resulting from
the Work. At the completion of the work CONTRACTOR shall remove all waste
materials, rubbish and 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 reach for occupancy by OWNER. CONTRACTOR
shall restore to original condition all property not designated for alteration by the
Contract Docents,
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Agenda Item #15. ,
5.10.3 CONTRACTOR shall not load nor permit any part of any structure to be loaded
in any manner that Will endanger the structure, nor shall CONTRACTOR subject
any part of the work or adjacent property to stresses or pressures that will
endanger it.
.11 Record Documents:
CONTRACTOR shall maintain in a safe place at the site one record copy of all
Drawings, Specifications, Addenda, written Amendments, Change Orders, work
Directive Changes, Field Orders and Witten interpretations and claxifications in good
order and annotated to show all changes made during construction. These record
Documents together with all approved samples and a counterpart of all approved Shop
Drawings will be available to PROJECT MANAGER and ARCHITECT for reference.
Upon completion of the work, these record Documents, samples and Shop Drawings will
be delivered to ARCHITECT for OWNER.
.12 Safety and Protection:
.12.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising
all safety precautions and programs in comection with the work to prevent
damage, injury or loss to all employees on the workslte and other persons and
organisations who may be affected thereby; all the work and materials and
equipment to be incorporated therein, whether in storage on or off the site; and
other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, irrigation systems, roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or replacement in the course of
construction.
.12.2 CONTRACTOR shall fin-nish watchmen, flagmen, warning signs, comes,
barricades, flashing lights and other necessary safeguards in sufficient numbers
and at appropriate locations to protect and divert vehicular and pedestrian traffic
from working areas closed to traffic, or to protect any new work. Such watchmen
and flagmen shall be furnished on a twenty-four 2 hour basis when conditions
require. CONTRACTOR and all Subcontractors shall take all necessary
i
precautions to guard against and elnninate all possible fire hazards and prevent
dP
inj*ury to persons or fire damage to any construction, building materials,
equipment, temporary field offices, storage sheds, and all other property, both
public and private, particularly when gas or arc welding and cutting is taking
place. open flames including the use of flambeaux are strictly prohibited. No
additional payment will be made for signs, barricades, lights, flags, watch
flagmen, required fire extinguishing apparatus and personnel, and other protective
devices. CONTRACTOR shall not use explosives on the site, nor allow
explosives of any type or nature to be brought upon th.o, site of the construction,
without the express written approval of OWNER and PROJECT MANAGER.
.
When the use of explosives is authorized by OVER and PROJECT
MANAGER, CONTRACTOR shall exercise the utmost care in handling and
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Agenda Item #15. �
usage of such explosives for the protection of life and property. All explosives
shall be stored in a safe manner and storage places shall be clearly marked -
"DANGEROUS - EXPLOSIVES " and placed in the care of competent watchmen.
When such use of explosives becomes necessary, CONTRACTOR shall ash
to OVER, proof of insurance coverage, adequately providing public liability
and property damage insurance as a rider attached to CONTRACTOR'S policies
unless otherwise included.
5.12.3 CONTRACTOR shall comply with alI applicable laws and regulations of aua
public body having jurisdiction for the safety or 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. CONTRACTOR shall notify owners of
Underground Facilities and utility owners when prosecution of the Work may
affect them, and shall cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or loss to an property
� p perty
caused direly or indirectly by workers employed by and of them to performs. or
furnish any of the Work or anyone for whose acts any of them may be liable shall
be remedied by CONTRACTOR. CONTRACTOR'S duties and responsibilities
for the safety and protection of the Work shall continue until such time as all the
Work is completed and ARCHITECT has issued a notice to OWNER and
CONTRACTOR in accordance with paragraph 13.8 that the Work -is acceptable
(except as otherwise expressly provided in connection With substantial
Completion),
5,12.4 CONTRACTOR shall designate a responsible representative at the w rksit
whose duty shall be the prevention of accidents. This person shall be
CONTRACTOR'S superintendent unless otherwise designated in writing by
CONTRACTOR to OWNER.
5.13 Emergencies
5.1 .1 In emergencies affecting the safety or protection of persons or the Work, or
property at the worksite or adjacent thereto, CONTRACTOR, without special
instruction or authorization from ARCHITECT to OBI TER, is obligated to act to
prevent threatened damage, Jury or loss. CONTRACTOR shall give PROJECT
MANAGER prompt Witten notice if CONTRACTOR believes that an
significant changes in the Work or variations from the Contract Documents have
been caused thereby* If PROJECT MANAGER detmnines that a change in the
Contract Documents is required because of the action taken in response to an
emergency, a Change Order will be issued or an amendment made throw proper
p
procedures to document the consequences of the changes or variations.
5.1 .2 CONTRACTOR shall be required to remove all materials from the job site and
i
provide safe storage for the same, that may be blown about or become a hazard
during a hurricane or windstorm. CONTRACTOR shall also take necessary
precautions to remove bulkheads, clams or other structures blocking drains in the
Doc. 130682
Page 13 of 4
Page 355 of 403
Agenda Item #15.
event of the threat of flooding condition. No extra pay will be allowed for this
Work.
5.14 Shop Drawings and Samples:
5.14.1 After checking and verifying all field measurements and after complying with
applicable procedures specified in the Project Specifications r plans,
CONTRACTOR shall submit to ARCHITECT for review and approval in
accordance with the accepted schedule of Shop Drawing submissions or for other
appropriate action if sor indicated, five 5 copies of all Shop Drawings, which will
bear a stamp or specific written indication that CONTRACTOR has satisfied
CONTRACTOR'S responsibilities under the Contract Iocwnents with respect to
the review of the submission. All submissions will be identified as ARCHITECT
may require. The data shown on the Shop Drawings will be complete with
respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to enable ARCHITECT to review the information as
required.
5.14.2 CONTRACTOR shall also submit to ARCHITECT for review and approval with
such promptness as to cause no delay in the work, all samples required by the
Contract Documents. All samples will have been checked by and accompanied
by a specific written indication that CONTRACTOR has satisfied
CONTRACTOR'S responsibilities under the Contract Documents with respect to
the review of the submission and will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use for which intended.
5.14.3 Before submission of each Shop Drawing or sample CONTRACTOR shall have
determined and verified all quantities, dimensions, specified performance criteria,
installation requirements, materials, "catalog numbers and similar data with respect
thereto and reviewed or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of the work and the
Contract Documents.
.14.4 At the time of each submission, C NTRA FOR shall give ARCHITECT
specific written notice of each variation that the Shop Drawings or samples may
have from the requirements of the Contract Documents, and, in addition, shall
cause a specific rotation to be made on each Shop Drawing submitted to
ARCHITECT for review and approval of each such variation. Failure to point out
such departures shall not relieve CONTRACTOR from his responsibility to
comply with the .Contract Documents.
5.15 Continuing the work
CONTRACTOR shall carry on the work and adhere to the progress schedule during aU
disputes or disagreements with OWNER. No work' shall be delayed or postponed
Page 14 of 43
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Agenda Item #15.
pending resolution of any disputes or disagreements, or as CONTRACTOR and OWNER
may otherwise agree in writing.
5.16 Indemnification:
5.1 .1 General Indemnification: The parties agree that one percent 1 % of the total
compensation paid to CONTRACTOR for the work of the Contract shall
constitute specific consideration to CONTRACTOR for the indemnification to be
provided under the Contract. To the fullest extent permitted laws and
. y
regulations, CONTRACTOR shall indemnify, save and hold harmless OVV1 TE
its officers, agents and employees, from liabilities, damages, losses and costs
including, but not limited to, reasonable attomey's fees, to the extent caused by
e negligence, recklessness, or intentional wrongfUl misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the
performance of the work. such indemnification shall specifically include but not
e ' 'ted to clams, damages, losses and expenses arising out of or resulting from
(a) any and all bodily m'Juries, sickness, death, disease; b ire' to or destruction
of tangible personal property, including the loss of use resulting therefrom; c
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; d the use of any improper materials;
(e) any construction defect M* chiding patent defects; f) the violation of an
federal, state, county or city laws, by-laws, ordinances or regulations by
CONTRACTOR, his Subcontractors, agents, servants or employees; the
breach or alleged breach by CONTRACTOR of any term of the Contract
including the breach or alleged breach of any warranty or guarantee.
5. l .2 Patent and Co t Inden nification: CONTRACTOR agrees to in lemrd
save and hold harmless oVINER, its officers, agents and employees, From all
such claims and fees, and from any and all sites and actions of every name and
desorption that may be brought against OWNER, its officers agents and
employees, on account of any claims, fines, fees, royalties, or costs for an
invention or patent, and from any and all suits and actions that may be brought
against OWNER, its officers, agents and employees for the 0nf in einent of any
y
and all copyrights or patent rights claimed by any person, f m, or corporation.'
5.I . ttl
CONTRACTOR shall pay all claims, losses, liens, seements or 'ud eats of
any nature whatsoever, excluding only those in which the damages arose out of
the sole negligence of OWNER, in connection with the foregoing
indemnifications, including, but not limited to, reasonable attomeYs fees and
costs to defend all claims or suits in the name of OWNER when applicable.
. I .4 OWNER reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith including any
costs or fees of an appeal shall be the responsibility of CONTRACTOR wader the
indemnification agreement. Such indemnification shall not be limited to the
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Agenda Item #15.
amount of comprehensive general liability insurance which CONTRACTOR is
required to obtain under the Contract. Nothing contained herein is intended nor
shall it be construed to waive OWNER'S rights and umnunities under the
common law or Florida Statute 768 .28 as amended from time to time. This
obligation shall not be construed to negate, abridge, or otherwise reduce any other
right or obligation of indemnity which would otherwise exist as to an
y party
described in this Paragraph 5.16 and its subparts.
5.17 Liability for Use of Work for lutended Purposes:
As an inducement for OV�TNERIS Commission to enter into this agreement
CONTRACTOR has represented an expertise in the construction ofand completion o
like projects as described in these hid specs. In reliance upon those representations,
OWNER hired CONTRACTOR for specified construction services and documents.
CONTRACTOR. understands and agrees that OWNER intends to utilize said plans for the
stated purposes and therefore CONTRACTOR shall be liable for any defective or
negligent design, whether patent or latent, as such may be found by a court of competent
,jurisdiction.
5.18 Design Responsibilities:
.1 .1 CONTRACTOR shall deter rime the general scope, extent and character of the
work. CONTRACTOR shall prepare prelim'mary design documents consisting of
final design criteria, preliminary drawings, outline specifications and written
description of the work, CONTRACTOR shall submit the preliminary design
documents to ARCHITECT for review and authorization to proceed with the final
design preparation. Upon written authorization from ARCHITECT to proceed
with the ftal design, CONTRACTOR shall Prepare final drains plans,
specifications, technical eta, written descriptions and design data and submit
the same to ARCHITECT for approval prior to commencing construction of the
work. All final design documents, plans, reports, studies and other data eP r aged
p
by CONTRACTOR shall bear the endorsement of a person in the full employ of
CONTRACTOR and duly registered in the appropriate professional o cafe
g�.
.1 .2 After ARCHITECT'S acceptance of the fmal design documents, the origirW set
of CONTRACTOWS drawings, tracings, plans and maps shall be provided to
ARCHITECT along with one 1 record set of full size prints. CONTRACTOR
shall signify, by arming an endorsement seal signature, as appropriate) on every
sheet of the record set, that the work shown on the endorsed sheets was produced
by CONTRACTOR. With the tracings and the record set of prints,
CONTRACTOR shall submit a finial set of design computations. The
computations shall be bound in an -1 2" x 11 " format and shall be endorsed
(seal/signature as appropriate) by CONTRACTOR. Upon approval of the final
design documents, ARCHITECT shall issue a written authorization to commence
construction.
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Agenda Item #15.
5.18.3 work Pro of OWNER: Ah tracings, Mans, specifications maps and/or
reports prepared or obtained under this agreement shall be considered works made
for hire and shall become the proper of OWNED without restriction or
l�x nation on their use.
.18.4 Performance Standards; All services shall be performed by CONTRACTOR CTOR
the satisfaction of ARCHITECT who, upon making detennination of
acceptance or satisfaction shall utilize generally accepted engineering standards as
well as the design criteria found in the Florida Department of Transportatioes■
Broward County Enginee-xng Division's and OWNER'S published and approed
eng meering standards. ARCHITECT shall decide all questions, and disputes of
any nature whatsoever that may arise by reason of the execution of this
Agreement and the prosecution and fulfillment of the services hereunder.
5.18.5 Operations Manuals: ls: Training: CONTRACTOR shall provide OWNER with
two 2 hard copies and one 1 electronic copy of operating, maintenance and
.ftmining manuals for the work and shall assist OWNER in training OWNER'S
staff to operate and maintain the work.
ARTICLE 6 - OWNER'S RIGHT To PERFORM CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS
.1.1 OWNER reserves the right to award separate contracts for, or to perfonn with its
own forces, construction or operations related to the work or other construction
or operations at or affecting the project site, including portions of the work which
may have been deleted. by Change Order. CONTRACTOR shall cooperate with
OTTER'S forces and Separate Contractors.
6. l .2 PROJECT MANAGER will provide coordination of the activities of OWNER'S
forces and of each Separate Contractor with the work of CONTRACTOR.
CONTRACTOR shall participate with OWNER and Separate Contractors in `oint
review of construction schedules and project requirements when directed to do so,
6.1.3 The project, of which this -Contract is a part, will include other contracts for work
to be performed and work to be .performed by the OWNER on the same site. B
entering into this Contract, CONTRACTOR acknowledges that OWNER has the
right to enter into other contracts with Separate Contractors, and to perform work
and that the work of said contracts and OWNER may i be in close proximity to
p �
ardor perforrned contemporaneously with the work of this Contract and
(ii)result in delays in or disruptions to CONTRACTOR! S Fork.
6.1.4 CONTRACTOR firther agrees as follows:
6.1.4.1 The OWNER shall afford CONTRACTOR, Separate Contractors or
OWNER forces reasonable opportunity for the introduction and storage o
a. 108
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Agenda Item #15. (r
their materials and the execution of their work. CONTRACTOR shall
properly connect and coordinate its construction and operations with the
construction and operations of separate Contractors and OWNER forces, as
required by the Contract Documents.
.1.4..2 CONTRACTOR shah cooperate with Separate Contractors and OVER
on the project site and will do nothing to delay, hinder, disrupt, or interfere
with the work of Separate Contractors or OVINER. CONTRACTOR shall
coordinate its Work with the work of any Separate Contractor and agrees to
attend any coordination meetings scheduled for this purpose by the
PROJECT MANAGER. Any dispute between the CONTRACTOR and an
Separate Contractor over how the work of the various trades should be
coordinated, shall be promptly submitted by CONTRACTOR to the
PROJECT MANAGER. ER. CONTRACTOR agrees to cooperate with the
development o, and o bound by, any reasonable coordination plan
f
directed by PROTECT MANAGER to address the dispute, even if
CONTRACTOR does not agree with the coordination plan so developed.
CONTRACTOR agrees that if its work is delayed, hindered, disrupted or
interfered with by a Separate Contractor, to the extent 'such del
hindrances, disruptions, and interferences result m CONTRACTOR
CTOR
working beyond the Contract Time, through no fault of the
CONTRACTOR, the CONTRACTOR shall be subject to a time extension
but no compensation from the OWNER, provided the CONTRACTOR
complies with the requirements of the Contract for seeking a time extension,
including without limitation, the requirements set ford in these General
Conditions.
6.1.4.3 CONTRACTOR agrees that its sole rernedy for damage or loss including
el,a.y damages, suffered as a result of actions by a S p gate Contractor,
other than that specified in this Article, shall be against such Separate
Contractor, their officers, agents, employees, consultants, subcontractors
and, if available, surety bonds. CONTRACTOR R further agrees to
indemnify OWNER, their officers, agents, employees, consultants or
subcontractors for any damage or loss by a separate Contractor allegedly
caused by with the work of the CONTRACTOR or Separate Contractor
except as prodded in this Article.
6,2 MUTUAL RESPONSIBILITY
Doc. 13O8
.2.1 CONTRACTOR shall afford OWNER and. Separate Contractors
opportunity for introduction and storage of their materials and equipment
and performance of their activities. CONTRACTOR shall connect
schedule, and coordinate its construction and operations with the
construction -and operations of OWNER. and Separate Contractors in
accordance with the direction of PROJECT MANAGER.
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Agenda Item #15.
6. .2 If a portion of the Work is dependent upon the proper execution or results
of other construction or operations by OWNER or Separate Contractors
CONTRACTOR shall inspect such other construction or operations before
proceeding with that portion of the Work. CONTRACTOR TRACTOR shall
promptly report to PROJECT MANAGER apparent discrepancies or
defects which render the other construction or operations unsuitable to
16 receive the Work. Unless otherwise directed by PROJECT MANAGER,
CONTRACTOR shall not proceed with the portion of the Work affected
until apparent discrepancies or defects have been corrected. Failure of
CONTRACTOR to so report within a reasonable time after discovering
such discrepancies or defects shall constitute an ackno ledgnaent that the
other const mction or operations by OWNER or Separate Contractors is
suitable to receive the Wort, except as to defects not then reasonably
discoverable.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises been CONTRACTOR and Separate Contractors as
to the responsibility under their respective contracts for aintainin the
project site and surrounding areas free from waste materials and rubbish
OWNER may clean up and allocate the cost between those firms it deems
to be responsible.
ARTICLE 7 - OWNER'S RESPONSIBILITIES - GENERALLY
7.1 OTTER shall issue all c n unications to CONTRACTOR through PROJECT
MANAGER.
7.2 OWNER shall f rnish the data required of OWNER under the C ntma t Documents
promptly and shall n.a1e payments to CONTRACTOR pursuant to Article 13.
7.3 OWNER'S duties in respect of providing lands and easements and providing en ' eerieg
surveys to establish reference points are set forth in Article 4. Article 4 also refers to
OWNER'S ientifing and reaping available to CONTRACTOR copies o f reports of
p �
explorations and tests of subsurface conditions at the site which are known and readily
available to OTTER..
.4 OWNER is obligated to execute Change Orders as indicated in Articles 9, 10 & 11.
7.5 OWNER shall have such other responsibilities and rights as are expressed in the Contract
Documents.
ARTICLE 8 - ARCHITECT'S STATUS DURING CONSTRUCTION
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801 OWNER' - S Representative:
PROJECT MANAGER will be OWNER'S representative during the constriction period
and until final payment is due. The duties and responsibilities and the limitations of
authority of PROJECT MANAGER as OWNER'S representative dining construction are
set forth in the Contract Documents and shall not be extended without written consent o
OVER.
8,2 Visits to Site:
PROJECT MANAGER IAGER will make visits to the site at intervals appropriate to the various
stages of construction to observe the progress and quality of the executed Work and to
aletmmin.e, in general, if the Work is proceeding in accordance with the Contrast
Documents. PROJECT MA IAGER' S efforts' will be directed toward providing for
OWNER a greater degree of confidence that the completed 'work will conform to the
Contract Documents. On the basis of such visits andon-site inspections, PROJECT"
MANAGER AGER shall keep OWNER informed of the progress of the Work and shall
endeavor to guard OVER against defects and deficiencies in the Wort.
8*3 Technical Clarifications and Interpretations:
ARCHITECT will issue with reasonable promptness such Witten clarifications or
interpretations of the technical requirements of the Contract Documents as ARCHITECT
may determine necessary, which shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR believes that a written
clarification or interpretation justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in this Contract. Should
CONTRACTOR fail to request interpretation of questionable irns in the Contract
Documents neither OWNED nor ARCHITECT will thereafter entertain any excuse for
failure to execute the Work x a satisfactory manner.
8.4 Authorized variations in Wont:
ARCHITECT may authorize minor variations in the Work from the technical
requirements of the Contract Documents which do not involve an adjustment in the
Contract Price or the Contract 'Time and are consistent with the overall intent of the
Contract Documents. These may be accomplished by a field order and will be binding on
OWNER, and also on CONTRACTOR who shall perform the Work involved rom tl .
p �
If CONTRACTOR believes that a field order justifies an increase in the Contract Price or
an extension of the Contract Time and the parties are unable to agree as to the amount or
extent thereof, CONTRACTOR may make a claim therefor as provided elsewhere in this
Contract.
8.5 Rejecting Defective Work;
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ARCHITECT will have the authority to disapprove or reject Work which ARCHITECT
believes to be defective, and will also have authority to require Special inspection or
testing of the Work whether or not the Work is fabricated, installed or completed.
8.6 Decisions on Disputes:
ARCHITECT will be the initial interpreter of the technical requirements of the Contract
Documents and the acceptability of the Work thereunder, Clans, disputes and other
matters relating to the acceptability of the Work or the interpretation of the requirements
of the Contract Documents pertaining to the performance and f nishing of the Woric and
claims under Articles 10 and 11 in respect of changes in the Contract Price or Contract
Time will be referred initially to ARCHITECT in Ming with a request for a formal
decision in accordance with this Paragraph, which ARCHITECT will render in sting
withina reasonable time. Written notice of each such claim, dispute and other matter
ill be delivered by the claimant to ARCHITECT and OWNER promptly, but in no
event later than three days after the occurrence of the event giving rise thereto, and
written supporting data will be submitted to ARCHITECT and OSIER within seven '
calendar days after such occurrence unless ARCHITECT allows an additional period of
time to ascertain more agate data in support of the claim. The rendering of a decision
by ARCHITECT with respect to any such claim, dispute or other matter except any
which have been waived by the mating or acceptance of fmal payment as provided '
Paragraph 1. will be a condition precedent to any exercise by OVER or
CONTRACTOR of such rights or remedies as either may otherwise have under the
Contract Documents or by haws or Regulations in respect of any such claim, dispute or
other matter.
8.7 Limitations on ARCHITECT'S Responsibilities:
..1 Neither ARCHITECT'S authority to act under this Article 8 or elsewhere in the
Contract Documents nor any decision made by ARCHITECT in good faith either
to exercise or not exercise such authority shall give rise to any duty or
responsibility of ARCHITECT or CONTRACTOR, any Subcontractor, any
supplier, or any other person or organization performing any of the Work, or to
any surety for any of them except as such duties and responsibilities are included
within the Contract Documents.
8.7.2 ARCHITECT will not be responsible for the acts or nfi si ns of
CONTRACTOR or of any subcontractor, any supplier, or of any other person or
organization performing or furnishing any of the Work. ARCHITECT shall not
e responsible for safety measures on the project. This is the responsibility of the
CONTRACTOR.
ARTICLE 9 - CELANGES IN THE WORK
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9.1 OWNER, without invalidating the Agreement, may order changes in the work which do
not materiaBy alter the scope and character of the work of the Agreement or the
completion date. All such changes in the work shall be authorized by a Change Order.
Any individual Change Order which decreases the cost of the work to OVER or
increases the cost of the work by an amount not in excess of forty thousand and xx10
dollars 40,000.0 roust be authorized and approved by OVINERIS Purchasing
Administrator prior to their issuance. Such authorization for Change Order approvals has
cumulative lit of twenty percent 20% of the original contract award amount. An
individual Change Order which increases the cast of the work to OWNER by an amount
which exceeds forty thousand and x 100 dollars $40,000.00 , or any Change order
submitted for approval after the cumulative twenty percent 20% limit has been reached
roust be formally authorized and approved by the OWNER'S Co .* sin prior to their
issuance and before work may begin. No clams against OWNER for extra work in
furtherance of such Change Order shall be allowed unless prior approval has been
prov
obtained.
9,2 if OWNER and CONTRACTOR are unable t ' agree as to the extent, if any, of an
mcrase or decrease in the Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive Change, a claim may be
made therefor as provided in Article 10 or Axticle 11.
93 CONTRACTOR shall not be entitled to an increase in the Contract price or an extension
of the Contract Time with respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented except in the case of an
emergency and except in the case of uncovering Work as those situations are addressed
herein.
9A OTTER and CONTRACTOR shall execute appropriate change orders or written
amendments covering:
Doc. 1308
9.4.1 Changes in the Work which are ordered by OWNER pursuant to Paragraph 9.1
and/or are required to corm defective Work or are agreed to by the parties; and
9.4.2 Changes in the Contract Price or Contract Time hich are agreed to by the
parties.
Provided that, in lieu of executing any such change order, an appeal may be taken
from any such decision in accordance with the provisions of the Contract
Documents and applicable laws and regulations, but during any such appeal,
CONTRACTOR shall carry on the Work and adhere to the progress schedule.
Proposed change orders shall be prepared by CONTRACTOR on forms approved
by OWNER. All Change Order submissions shall carry the signatures of the
PROJECT MANAGER, , ARCHITECT and CONTRACTOR and be submitted for
approval in accordance with Article 9. 1.
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Agenda Item #15. �
9.5 If notice of any change affecting the general scope of the Work or the provisions of the
Contract Documents including, but not limited to, Contract Price or Contract Time is
required by the provisions of any Bond to be given to a curet y� the giving of any such
notice .shall be CONTRACTOR'S sole responsibility, and the amount of each applicable
bond shall be adjusted accordingly.
ARTICLE 1 - CHANGE OF CONTRACT PACE
10.1 'The Contract Price constitutes the total compensation (subject to authorized adjustments)
payable to CONTRACTOR for performing the Work. All duties, responsibilities and
obligations assigned to or undertaken by CONTRACTOR shadbe at his expense without
change in the Contract Price, 10
10.2 The Contract Price may only be changed by a Change Order or by a written amendment.
Any claim for an increase or decrease in the Contract Price shall be based on written
notice delivered to ARCHITECT promptly {but in no event later than three days after
the occurrence of the event giving rise to the amount of the claim with supporting data t
be delivered within seven 7 days and shall be accompanied by claimant's written
statement that the amount claimed covers all known amounts (direct, indirect and
consequential) to which the claimant is entitled as a result of the occurrence of said
event. No resolution of a claim for adjustment in the Contract Price shall be effective
until approved by OWNER in writing. No claim for an adjustment in the Contract Price
will be valid if not submitted in accordance with this Paragraph.
10.3 The value of any work covered by a change order or of any clairn for an increase or
decrease in the Contract Price shall be determined in one of the following wags:
10.3.1 Where the work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities of the items involved.
,3.2 in accordance with the requirements of particle 9.1, y: ' ", LAMP& of a
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10.3.3 On the basis of the cost of the Work(determined as provided in P aragrp h 10.
and 10.5 plus a CONTRACTORS Fee for overhead and profit (detennimed as
provided in Paragraphs 10.6 and 10.7 a
10.4 Cost of the work
The term "Cost of the work" means the sure of all direct costs necessarily incurred and
paid by CONTRACTOR in the proper performance of the work. Except as otherwise
may be agreed to in writing by OWNER such costs shall be in amounts no higher than
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Agenda Item #15. �
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those prevailing in the locality of the project, shall include only the following items and
shall not include any of the costs itemized in. Paragraph 1 . :
10.4.1 Payroll costs for employees in the direct employ of -CO CTOR in the
performance of the work under schedules of job classifications agreed upon by
OWNER and CONTRACTOR. Payroll costs for employees not employed full
time on the work shall be apportioned on the basis of their time spent on the work.
Payroll costs shall include, but not be limited to, salaries and wages plus the cost
of fringe benefits which shall include social security contributions
unemployment, excise and payroll taxes, Worker's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday pay applicable
thereto. Such employees shall include superintendents and foremen at the site.
The expenses of performing work after regular worldng hours, on Saturday,
Sunday or legal holidays, shall not be included in the above unless authorized in
writing by OWNER.
10.4.2 Cost of all materials and equipment f nnished and incorporated in the wor
cluding costs of transportation and storage thereof, and suppliers field services
required m connection therewith. All cast discounts, rebates and refunds and all
returns from sale of surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
10.4.3 Supplemental costs including the following:
Doc. 1082
10.4.3.1 Cost, including transportation and maintenance of all materials,
supplies, equipment,, machinery, appliances, office and temporary
facilities at the site and hand tools not owned by the brokers, which
are consumed in the performance of the work.
10.4.3.2 Rentals of all construction equipment and machinery and the parts
thereof, whether rented from CONTRACTOR or others in
accordance with rental agreements approved by OWNER with the
advice of PROJECT MANAGER, and the costs, of transportation,
loading, unloading, installation, dismantling removal thereof
all in accordance with terms of said rental agreements. The rental
of any such equipment machinery or parts shall cease when the
use thereof is no longer necessary for the work.
10.4.3.3 Sales, consumer, use or simllar taxes related to the work and for
which CONTRACTOR is liable, unposed by laws and regulations.
10.4.3.4 Royalty payments and fees for permits and licenses.
10.4.3.5 The cost of utilities, Biel and sanitary facilities at the site.
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Agenda Item #15. �
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10.4.3.6 Minor expenses such s telegrams, long distance telephone calls,
telephone se -vice at the site, expressage and similar petty cash
urns in connection with the work.
10.4.3.7 Cost of premiums for additional bonds and insurance required
because of changes in the work.
10.5 Not Included in the Cost of the Works. -
The term cost of the work shall not include any of the following.
10. .1 Payroll costs and other compensation of COI TRACT WS officers, executives,
principals of partnership and sole proprietorships), general managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and eontractffig
agents, expediters, timekeepers, clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch
office for general * 0stration of the work and not specifically included in the
agreed upon schedule of job classifications referred to in paragraph 10.4.1 - all of
which are to be considered administrative costs covered by CONTRACTOR'S
fee.
1 ..2 Expenses of CONTRACTOR'S principal and branch offices other than
CONTRACTOR'S office at the site.
10..3 Any part of CONTRACTOR'S 'S capital expenses, including interest on
CONTRACTOR'S capital employed for the work and charges against
CONTRACTOR f r delinquent payments.
10..4 Costs due to the negligence of CONTRACTOR, any subcontractor, or anyone
directly or indirectly employed by any of thern or for whose acts any of diem may
be liable, including but not limited to, the correction of defective wort, disposal
of materials or equipment wrongly supplied and mal ing good any damage to
property.
10..5 other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in Paragraph 10.4.
10v6. CONTRACTOR'S Fee:
CONTRACTOR'S fee allowed to CONTRACTOR for overhead and profit shall be
determined as follows:
10..1 A mutually acceptable negotiated fee:
10.6.1.1 For costs incurred under Paragraphs 10.4.1 and 10.4.2)
CONTRACTOWS fee shall not exceed ten percent 10% .
Page 25 of 4
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Agenda Item #15. �
10..1.2 No fee shall be payable on the basis of costs itemized under
Paragraphs 10.4.3.1. 10.4.3.2, 10.4.3.35 10.4.3.42 10.4..59 10.4.3.63
10.4.3.75 10.52 10.5.19 10.5.29 10.5.3, 10.5.4. and 10.5.5.
10..1.3 The amount of credit to be allowed by CO TRACTOR to
OWNER for any such change which results in a net decrease in
cost will be the amount of the actual net decrease talus a deduction
m CO TRACT WS fee by an amount equal to ten percent 10%
for the net decrease.
10..1.4 When both additions and credits are involved in any one change
the combined overhead and profit shall be figured on the basis of
net increase if any, however, profit will not be paid on any work
not performed.
10..1.5 The CONTRACTOR" s fee on Change Orders shall be as follows:
(a) A mutually acceptable fixed , or if Saone can be agreed upon,
(b) A fee based upon a percentage of the net change to the Cost of the
Work resulting from the Change Order not to exceed ten percent
(100/0).
Subcontractor's percentage markup on change orders for overhead
and profit shall be reasonable, but in no event shall the aggregate
of the subcontractor's overhead and profit markups exceed ten
percent 10% . In the event subcontractor is affiliated with the
CONTRACTOR by common ownership or management, r is
effectively controlled by the CONTRACTOR, no fee wfll be
allowed on the subcontractor costs. In the event there is more than
one level of subcontractors such as second and third tier
subcontractors, the sum of all of the subcontractor's percentage
markups for overhead and profit shall not in the aggregate exceed
twenty percent 0%.
In no event shall the total aggregate percentage of markups for
overhead and profit, as provided for in this Article, exceed twenty
five percent 25% .
10.7 Cast Breakdown Required:
Whenever the cost of any work is to be determined pursuant to Paragraphs 10.4 or 10.5
CONTRACTOR will submit in a form -acceptable to ARCHITECT an itemized cost
breakdown together with supporting data.
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Agenda Item #15. (�
ARTICLE II. - CONTRACT TU4E
11.1 Commencement:
The date of commencement of the Work is the date established in the Notice to Proceed.
11.2 Time of Substantial Completion:
The date of substantial completion of the Work or designated portion thereof is the date
certified by ARCHITECT when construction is sufficiently complete, in accordance with
the Contract Documents, nts, o OVER can occupy or utilize the Work or designated
portion thereof for the poses for which it is intended.
11.3 Change of Contract Time:
11.3.1 All time �ln�ts stated in the Contract Documents are of the essence of the
Agreement. NO CLAIM I FOR DAMAGES OR ANY CLAM OTHER THAN
FOR AN EXTENSION of TDJE SHALL BE MADE OR ASSERTED
AGAINST THE OWNER BY REASON OF ANY DELAYS. CONTRACTOR
shall not be entitled to an increase in the Contract Price or payment or
compensation of any kind from OWNER for direct, indirect, consequential,
u npact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption,
interference be reasonable or unreasonable, foreseeable or unforeseeable or
avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by CONTRACTOR for hindrances or delays due
solely to fraud, bad faith or active interference on the part of OWNERor its
agents. Otherwise, CONTRACTOR shall be entitled only to extensions of the
Contract Time as the sole and exclusive remedy for such resultindelay,in
accordance with and to that extent specifically provided above. No extension of
time shaU be granted for delays resulting from normal weather conditions
prevailing in the area as defined by the average of the last ten 10) years of
weather data as recorded by the United States Department of Commerce, National
Oceanic and Atmospheric administration at the Fort Lauderdale Weather Station,
11.3.2 NO RECOVERY FOR EARLY COMPLETION, If the CONTRACTOR
submits a schedule or expresses an intention to complete the Work earlier than
any required milestone or completion slate, the OWNER shall not be liable to the
CONTRACTOR for any costs incurred because of delay or hindrance should the
CONTRACTOR be unable to complete the Work before such milestone or
completion slate. The duties, obligations - and warranties of the OV�NBR. to the
CONTRACTOR shall be consistent with and applicable only to the completion of
the work and completion dates set forth in these Construction Sm-vices General
Conditions.
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Agenda Item #15. �
11.. 3 The Contract Time may only be changed ' b y a change order or a Witten
amendment, Any claim for extension of time shall be made in writing to
ARCHITECT not more than three 3 days after the detection or be ' of the
occurrence of the event 9ving rise to the delay and stating the general nature of
the claim; otherwise, it shall be waived. In the case of a continuing delay only
one claim is necessary. CONTRACTOR shall provide an estimate of the
probable effect of such delay on the progress of the Work.
11.4 Liquidated Damages:
Upon failure of CONTRACTOR to complete the Work within the time specified for final
completion, (plus approved extensions if any) CONTRACTOR shall pay to OViNER the
Burn of Two Hundred dollars $2 0 for each calendar day that the substantial completion
of the Work is delayed beyond the time specified in the Contract for substantial
completion, as fixed and agreed liquidated damages and not as a penalty. After
substantial completion, if CONTRACTOR neglects, fails or refines to complete the
remainder of the Work Within the Contract Time or any approved extension thereof,
CONTRACTOR shall pay to OWNER the sun of one Hundred dollars ($100) for each
calendar day (plus approved extensions if any) after the time specified in the Contract for
final completion and readiness for final payment as fixed and agreed liquidated damages
and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the
parties, �recogiff in the impossibility of precisely ascertaining the amount of damages
that Will be sustained by OWNER as a consequence of such delay and both parties
desiring to obviate any question of dispute concem ng the amount of said damages and
the cost and effect of the failure of CONTRACTOR to complete the Contract on time.
Regardless of whether or not a s e Contra is involved, the above -stated liquidated
damages shall apply separately to each portion of the Work for which a time of
completion is given. OWNER shall have the right to deduct from and retain out of
moneys which may be then clue or which may become clue and payable to
CONTRACTOR, the amount of such liquidated damages and if the amount retained by
OWNER is insufficient to pay in full such liquidated damages, the CONTRACTOR R shall
pay m fffl such liquidated damages. CONTRACTOR sh 1 be responsible for
reimbursing OWNER, in addition to liquidated darn es or other per day damages for
delay, for all costs of engineering, architectural fees, and inspection and other costs
incurred inadministering the construction of the project beyond the completion date
specified or beyond an approved extension of time granted to CONTRACTOR whichever
is later.
ARTICLE 12 WARRANTY AND GUARANTEE: TEST'S AND INSP C'TIO1
CORRECTION, REMOVAL OR ACCEPTANCE OF I FEC'TIE WORK
12.1 Warranty andGuarantee:
CONTRACTOR warrants and guarantees to OWNER and ARCHITECT 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 CONTRACTOR. All defective Work, whether or
Page 28 of43
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Agenda Item #15. �
not in place, may be rejected, corrected or accepted. CONTRACTOR warrants to
OWNER that the consummation of the Wort provided for in the Contract Documents
will not result in the breach of any term or provisions of, or constitute a default under an
indenture, mortgage,, Contract, or agreement to which CONTRACTOR is a party.
CONTRACTOR warrants that there has been no violation of copyrights or patent nights
in connection with the Work of the Contract.
12.2 Access to Work:
ARCHITECT, PROJECT MANAGER AGER and ether representatives of OWNER, testing
agencies and governmental agencies with jurisdictional interests shall have access to the
Work at reasonable tines for their observation, inspecting and testing. CONTRACTOR
shall provide proper and safe conditions for such access.
12.3 Tests and Inspection:
12.3.1 CONTRACTOR shall give ARCHITECT, PROJECT ECT MANAGER, or City
Building Division Inspector, timely notice of readiness of the Work for all
required inspections, tests or approvals.
1 +3.2 CONTRACTOR shall assume full responsibility, pay all costs in connection
therewith and furnish ARCHITECT the required certificates of inspection, testing
i
or approval for all materials, equipment or the Work or any part thereof unless
otherwise specified herein,
12.3.3 If any Work, (including the Work of others) that is to be inspected,, tested or
approved is covered without Witten concurrence of ARCHITECT, it must, if
requested by ARCHMCT, be uncovered for examination and properly restored
at CONTRACTOR'S expense. Such uncovering shall be at CONTRACTOR'S
expense unless CONTRACTOR has given ARCHITECT timely notice of
CONTRACTOR'S intention to cover the same and ARCHITECT has not acted
with reasonable promptness in response to such notice.
1 2.3.4 Neither observations by ARCHITECT nor inspections, tests or approvals by
others shall relieve CONTRACTOR from CONTRACTOR'S obligations
perform the Work in accordance with the Contract Documents.
12.4 Uncovering the Work:
12.4.1 if any work is covered contrary to the written request of ARCHITECT, it must, if
requested by ARCHITECT, be uncovered for ARCHITECT'S observation and
replaced at CONTRACTOR'S expense.
12.4.2 If ARCHITECT considers it necessary or advisable that covered work be
observed by ARCHITECT of inspected or tested by others, CONTRACTOR, at
ARCHITECT'S request, shall uncover, expose or otherwise make available for
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Agenda Item #15.
observation, inspection or testing as ARHiT'T 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, CONTRACTOR shall bear all direct, indirect
and consequential costs of such uncovering, exposure, observation, inspection and
testing and of satisfactory reconstruction (including but not limited to fees and
charges of engineers, architects, attorneys and other professionals, and
OWNER shall be entitled to an appropriate decrease in the contract price, and if
the parties are unable to agree as to the amount thereof, may make a claim
therefore as provided in the contract documents. If, however, such Work is not
found to be defective, CONTRACTOR shall be allowed an increase in the
contract price or an extension of the contract tine, or both, directly attributable to
such uncovering and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefore as provided in the contract
documents.
12.5 OAT R May Stop the Work;
If the Work is defective, or CONTRACTOR fails to supply sufficient skilled Workers or
suitable materials or equipment, or fails to f nnish or perform the Work in such a Way
that the completed Work will conform to the Contract Documents, OWNER may order
CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OV7NER to stop the Work shall not give rise
to any duty on the part of OVER to exercise this right for the benefit o
CONTRACTOR or any other party.
12.6 Correction or Removal of Defective Work:
If required by ARCHITECT, CONTRACTOR shall promptly, as directed, either correct
all defective Work, Whether or not fabricated, installed or completed, or, if the Work has
been rejected by ARCHITECT, remove It from the site and replace it with non -defective
Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such
correction or removal (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby.
12.7 one Year Correction Period:
If within one 1 year after the slate of completion or such longer period of time as may be
prescribed by laves or regulations or by the terms of any applicable special gaarantee
required by the Contract Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, CONTRACTOR shall promptly, without
cost to OWNER and in accordance with OA R'S Written' instructions, either correct
such defective Work, or, if it has been rejected by OWNED, remove it from the site and
replace it With non -defective Work. If CONTRACTOR does not promptly comply With
the terns of such instructions, or in an ernergency where delay would cause serious risk
of loss or damage, OWNER may have the defective Work corrected or, the rejected Work
removed and replaced, and all direct, indirect and consequential costs of such removal
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and replacement (including but not limited to fees and charges of engineers,architects
attorneys and other professionals) will be paid by CONTRACTOR. In special
circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction period for that item may
start to run from an earlier date if so provided in the Specifications or by written
amendment.
ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION
ION
13.1 Schedule of Values:
The schedule established as provided in Paragraph 2.4 will serve as the basis for progress
payments and wiH be mncorporated into a form of Application for Payment acceptable t
ARCHITECT,
13.2 Application for Progress Payment;
At least ten 10 days before each progress payment is scheduled(but not more often than
once a month), CONTRACTOR shall submit to ARCHITECT for review an Application
for Payment filled out and signed by CONTRACTOR covering the Work completed as of
the date of the Application and accompanied by such supporting documentation a is
_
required by the Contract Documents. If payment is requested on the basis of materials
and equipment not incorporated in the Work but delivered and suitably stored at the site
or at another location agreed to in Ming, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER
has received the materials and equipment ent free and clear of all liens, charges, secmity
interests and encumbrances (which are hereinafter in these Construction Services General
Conditions referred to as "Liens") and evidence that the materials equipmentand are
covered by appropriate proper insurance and other arrangements to protect OWNER#S
interest therein, ah of which will be satisfactory to OWNER. The amount of retaina e
g
with respect to progress payments will be as stipulated in the Agreement.
13.3 CONTRACTOR'S Warranty of Title:
CONTRACTOR warrants and guarantees that tide to all Work, materials and ux m nt
covered by an Application for Payment, whether incorporated in the Project or not will
pass to OVvN R no later than the time of final payment free and clear of all Liens.
13.4 review of Applications for Progress Payments:
ARCHITECT will, within ten 10 dais after receipt o each Application for Payment,
either� .. Yin
indicate in Ming a, reommendation of payment, or return the Application to
CONTRACTOR indicating in writ -mg ARCHITECTS S rettsons for refusing to
recom aend payment. In the latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application. OWNER shall make payment to
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CONTRACTOR within thirty 30 calendar days after approval by the ARCHITECT of
CONTRACTOR'S requisition for payment.
.3.5 -Grounds for Refusal:
ARCHITECT may refuse to recom lend the whole or any part of any payment if, in
ARCTCT' S opinion, it would be incorrect to make such representation to OAR.
ARCHITECT may also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of subsequent inspections or tests, nullify
any such payment previously recommended, to such extent as may be necessary in
ARCHITECT' S opinion to protect OWNER from loss because:
1 . ,1 The work is defective, or completed work has been damaged requiring correction
or replacement.
13. .2 The Contract Price has been reduced by written Amendment or Change Order.
13.5.3 Of ARCHITECT'S act knowledge of the occurrence of any of the events
outlined elsewhere in the Contract Ooewnents that represent grounds for refusal
of payment in whole or part. OWNER may refuse to make payment of the f ffl
amount recommended by ARCHCT because clair s have been made by
OVER on account of CONTRACTOR'S performance or furnishing of the work
r Liens have been filed in connection with the work or here are other items
entitling OWNER to a setoff against the amount recommended, but OWNER
must give CONTRACTOR written notice stating the reasons for such action
within a reasonable time from receipt of ARCHITECT'S recommendation for
payment on that matter.
13.6 FInal Inspection:
Upon written notice from CONTRACTOR that the entire work or an agreed portion
thereof is complete, ARCHITECT will make a final inspection with OWNER and
CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which
this inspection reveals that the work is incomplete or defective. CONTRACTOR shall
immediately take such measures as are necessary to remedy such deficiencies.
117 Final D ion for Payment*
After CONTRACTOR has completed all such corrections to the satisfaction o
ARCHITECT and OWNER and delivered all maintenance and operating instructions,
schedules, guarantees, bonds, certificates of inspection, marked up record Docents and
other Documents - all as required by the Contract Documents, and after ARCHITECT
has indicated that the work is acceptable, CONTRACTOR may make application for
final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied by all documentation called for in the Contract
Documents, together with complete and legally effective releases or waivers (satisfactory
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Agenda Item #15. r
to OWNER) of all Liens arising out of or fled in connection with the work. In lieu
hereof and as approved by OWNER, CONTRACTOR may f nni h receipts or releases in
full; an affidavit of CONTRACTOR that the releases and receipts include all labor,
services, material and equipment for which a Lien could be filed, and that all payrolls,
material and equipment bills, and other indebtedness connected with the work for which
OWNER or OWNER'S property night in any way be responsible, have been paid or
otherwise satisfied; and consent of the surety, if any, to final payment. 1f any
Subcontractor or supplier Fails to furnish a release or receipt in full, CONTRACTOR may
furnish a bond or other collateral satisfactory to OWNER to indenmify OTTER against
any lien. In addition, CONTRACTOR shall a.1so submit with the final application for
payment, the completed set of "As -Built" prints for review and approval. Final payment
to CONTRACTOR shall not be made until said prints have been reviewed and approved
by ARCHITECT. prior to approval, if necessary, the prints may be returned to
CONTRACTOR for changes or modifications and if in the opinion of ARCHITECT they
do not represent correct or accurate "AS -BU LTS 11.
13.8 dal Payment and Acceptance:
1 -8 1 If, on the basis of ARCHIUCT' S observation of the Work during construction
and final inspection, and ARCHITECT'S review of the final Application for
Payment and accompanying documentation - all as required by the Contract
Documents, ARCHITECT is satisfied that the work has been completed and
CONTRACTOR'S other obligations under the Contract Docents have been
fulfilled, ARCHITECT will, within ten 10 days after receipt of the final
Application for Payment, indicate in writing 1 CHITEC '' S r comien ation of
payment and present the Application to OWNER for payment. rat. 'Thereupon
ARCHITECT will give Witten notice to OWNER and CONTRACTOR that the
Work is acceptable. . Otherwise, ARCHITECT will return the Application to
CONTRACTOR, , indicating in writing the reasons for refusing to recommend
final payment, in which case CONTRACTOR shall make the necessary
corrections and resubmit the Application. Thirty 30 days after presentation to
OWNER of the Application and accomparayxng documentation, in appropriate
form and substance, and with ARCHITECT'S recommendation and notice of
acceptability, the amount recommended by ARCHITECT will become clue and
will be paid by OWNER to CONTRACTOR.
13 . .2 If, through no fault of CONTRACTOR, final completion of the work is
significantly delayed and if ARCHITECT so confirms, OVER shall, upon
receipt of CONTRACTOR'S final Application for Payment and recommendation
of ARCHITECT, and without terminating the Agreement, make payment of the
balance due for that portion of the work fully completed and accepted. If the
remaining balance to be held by OWNER. for work not fully completed or
corrected is less than the retainage stipulated in the Agreement, and if bonds have
been furnished as required, the Witten consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shad be
submitted by CONTRACTOR to ARCHITECT with the Application for such
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Agenda Item #15.
r-,
payment. Such payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
13..3 Any moneys not paid by OWNER when claimed to be clue to CONTRACTOR
under this Contract shall not be subject to interest, including but not limited to
pre -judgment interest.
13.9 CONTRACTOR'S Continuing ObUgation:
CONTRACTOR'S obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by ARCHITECT, nor any payment by OWNER t CONTRACTOR under the
c6ntedd Dom� e , nor aa-y use or occupancy , of the Wort or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review
and approval of a Shop Drawing or sample submission, nor the issuance of a notice of
acceptability by ARCHITECT, nor any correction of defective Work by OTTER will
constitute an acceptance of Work not in accordance with the Contract Documents or
release of CONTRACTOR'S obligation to perform the Work in accordance with the
Contract Documents.
13,10 Waiver of Claim:
The acceptance of final payment shall constitute a waiver of all claims b
CONTRACTOR against OWNER other than those previously made in writing and still
unsettled as of the date of final payment.
13.11 OWNER May Suspend Work:
OWNER may, at any time and without cause, suspend the Work or any portion thereof
for a period of not more than ninety 0 days by notice ruing to CONTRACTOR
and ARCHITECT which will fig, the date on which Work will be resumed.
CONTRACTOR shall resume the Work on the date so fixed, CONTRACTOR shall be
alloyed an increase in the Contract Price or an extension of the Contract Time, or both,
directly attributable to any suspension if CONTRACTOR makes an approved claim
therefor as provided in the Contract Documents:
13.1OWNER May Ter xate:
Upon the occurrence of any one or more of the following events:
Doe. 130682
13.12.1 If CONTRACTOR commences a voluntary case under any chapter of the
Bankruptcy Code as now or hereafter in effect, or if CONTRACTOR
tales 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.
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Agenda Item #15.
13.12.2 If a petition is filed against. CONTRACTOR under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time, of fling, or if
petition is fled seeping any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the time
relating to bankruptcy or in olve-ncy.
13.12.3 If CONTRACTOR makes a general assignment for the benefit of
creditors.
13.12.4 if a trustee, receiver, custodian or agent of CONTRACTOR is appointed
under applicable law or under Contract, whose appointment or authority to
tape charge of property of CONTRACTOR is for the ,purp o e of enforcing
a Lien against such property or for the purpose of general administration
of such property for the benefit of CONTRACTOR'S creditors.
13.12.5 If CONTRACTOR admits in writing an inability to pay its debts generally
as they become due.
13.12.E If CO TR CTOi persistently falls to perform the Work in accordance
with the Contract Documents (including but not limited t, failure to
supply sufficient spilled workers or suitable materials or equipment or
failure to adhere to the progress schedule as same may be revised from
time to time).
13.12.7 If CONTRACTOR disregards laws or regulations of any public body
having jurisdiction.
13.12.8 If CONTRACTOR disregards the authority of ARCH CT
and/or PROJECT MANAGER.
13.12.9 If CONTRACTOR otherwise violates in any substantial way any
provisions of the Contract Documents.
OWNER may, after giving CONTRACTOR and the surety seven 7 days
written notice and to the extent permitted by laws and regulations,
terminate the services of CONTRACTOR, ACTOR, exclude CONTRACTOR from
the, site and tape possession of the work and of all CONTRACTOR'S
TOR'S
tools, appliances, construction equipment and machinery at the site and
use the same to full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or conversion),
incorporate in the work all materials and equipment stored at the site or
for which OWNER has paid CONTRACTOR but which are stored
elsewhere, and fnish the work as OTTER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any further payment
until the work is shed. If the unpaid balance of the Contract price
exceeds the direct, indirect and consequential costs of completing the
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Agenda Item #15.
Work (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed
such unpaid balance, CONTRACTOR shall pay the difference t
OWNER. Such costs incurred by OvvNER Will be approved as to
reasonableness by ARCHITECT and incorporated in a Change Order, but
when exercising any rights or remedies under this Paragraph OWNER
shall not be required to obtain the lowest price for the Work performed.
13.12.10 Where CONTRACTOR'S services have been so terminated by OWNER,
the termination will not affect any rights or remedies o OWNED against
CON TRACTOR then existing or which may thereafter accrue. Any
retention or payment. of moneys due CONTRACTOR'by OWNER will not
release CONTRACTOR from liability.
13.13 Termination for Convenience of OWNER:
Upon seven days written notice delivered by certed nail to CONTRACTOR,
OWNER may, without cause and without prejudice to any other right or remedy,
terminate the agreement for OWNER'S convenience whenever OWNER determines that
such termination is in the best interests of OWNER. Where the agreement is t rnl hated
for the convenience of OWNER, the notice of termination to CONTRACTOR must state
that the Contract is being tamlimted for the convenience of the OWNER under the
t m-ii ation clause, the effective slate of the termination and the extent of termination.
Upon receipt of the notice of termination for convenience, CONTRACTOR shall
promptly discontinue all Work at the time and to the extent indicated on the notice of
termination, terminate all outstanding Subcontractors and purchase orders to the extent
that they relate to the terminated portion of the Contract, and refry from placing further
orders and subcontracts, except as they may be necessary, and complete any continued
portions of the work.
13.14 Ternxination by CONTRACTOR:
If the Work should be stopped under an order of any court of other public authority for
period of more than ninety 0 days through no act or fault of CONTRACTOR or of
anyone employed by him, or if ARCHITECT fails to review and approve or state in
ruing reasons for non -approval of any application for payment within #hirty 3 0 days
after it is submitted or if OWNER fails to pay CONTRACTOR within thirty 3 0 days
after presentation by ARCHITECT of any sum determined to be clue, then
CONTRACTOR may, upon ten 10 days written notice to OWNER and ARCHITECT
stop Work or tennainate this Contract and recover from OWNER, payment for all Work
executed and any expense sustained. The provisions of this Paragraph shall not relieve
CONTRACTOR of the obligations to carry on the Work in accordance with the progress
schedule and without delay during disputes and disagreements with OWNER,
ARTICLE 14 - NOTICES & COMPUTATION OF 'TVE
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Agenda Item #15. �--
1 .1 Giving Notice:
All notices required by any of the Contract Documents shall be in writing and shall be
deemed delivered upon nailing by certified mail, return receipt requested to the
following:
CONTRACTOR:
The business address of CONTRACTOR is: as Mated in contract
OWNER: City of Coral Springs
The business address of OWNER is.: Coral Springs City Hall
551 W. Sarnple Rd.
Oral Springs, Florida 33065
14.2 Computation of Time:
When any period of time is referred to in the Contract Documents by days it will be
calendar days and it will be computed to exclude the fast and include the last day of such
period. If the last day of the final amended contract time falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction, such day will be
omitted from the computation. A calendar day oftwenty-four 24 Boors measured from
nddnight to the next midnight shall constitute a day.
ARTICLE 1 — NUSCELLANE US
15.1 Should OWNER or CONTRACTOR suffer injury or damage to person. or property
because of any error, omission or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party is legally liable, claim will
be made in writing to the other party within a reasonable time of the first observance of
such me u r or damage. The provisions of this Paragraph 15.1 shall not be construed as a
substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
15.2 The duties and obligations imposed by these Construction Services General Conditions
and the rights and remedies available hereunder to the pales hereto, and, in particular
but without limitation, the warranties, guaranties and obligations unposed upon
CONTRACTOR and all of the ruts and remedies available to OVINER and
ARCHITECT thereunder, are in addition. to, and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all -of them which are otherwise
imposed or available to any or all of #hern 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
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Agenda Item #15. �
repeated specifically in the Contract Documents, and the provisions of this Paragraph will
survive fmal payment and tamiimtion or completion of the Agreement.
15.3 CONTRACTOR shall not assign or transfer the Contract or its rights, title or interests
therein without OWNER'S prior written approval. The obligations undertaken by
CONTRACTOR pursuant to the Contract shad not be delegated or assigned to any other
person or unless OWNER shall first consent in Ming to the assignment. Violation
of the terns of this Paragraph shall constitute a breach of Contract by CONTRACTOR
and the OWNER may, at its discretion, cancel the Contract and all rights, title and
interest of CONTRACTOR shall thereupon cease and terminate.
15.4 OWNER reserves the right to audit the records (pertaining to this project) of
CONTRACTOR at any time during the performance and term of the Contract and for a
period of three year's after completion and acceptance by OWNER. If required by
OWNER, CONTRACTOR agrees to submit to an audit by an independent certified
public accountant selected by oV�NR. CONTRACTOR shall allow 0 V`N R to
inspect, examine and review the records of CONTRACTOR at any and all times during
normal business hours during the terms. of the Contract.
15.5 Should any part, term or provision of the Contract Documents be by the courts decided to
be invalid illegal or in conflict with any law of this State, the validity of the remaimn
portions or provisions shall not be affected thereby.
15.6 The validity, construction and effect of the Contraa Documents shall be govemed by the
laws of the State of Florida. Any clam, objection or dispute arising out of the terms of
the Contract Documents shall be litigated in the Seventeenth Judicial Circuit in and for
ro and County, Florida a and the prevailing party to any resultant judgment shall be
entitled to an award of all reasonable attorneys fees, interest and court costs incurred b
such prevailing partyagainst the losing party including reasonable appellate attome s
fees, interest and taxable costs.
15.7 CONTRACTOR understands, acknowledges and agrees that the CONTRACTOR shall,
pursuant to Section 11 .0 01, Florida Statutes, as amended from time to time, do the
following:
15.7.1 Keep and maintain public records that ordinarily and necessarily would be
required by OWNER in order to perform the same service being rendered within
the Contract Docents.
1 -7.2 Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that sloes not
exceed the cost provided within Chapter 119, Florida Statutes, as amended from
time to time, or as otherwise provided by law,
15..3 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
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Agenda Item #15.
15.7.4 Meet all requirements for retaining public records and transfer, t n cost, t
OVER all public records xn possession of CONTRACTOR upon ton of
the Contract. Further, CONTRACTOR shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically roust be provided to OWNER in a
format that is compatible with the then current OWNER computer systems.
15.7.5 CONTRACTOR understands, ac mowledges and agrees that OVVNER is required,
pursuant to Section 119.0701., Florida Statutes, as amended from time to time, to
ensure compliance with this section by enforcing the tem-is of this Article. As a
result of the foregoing, any violation of this Article 15.7 shall be a material bread
and the Contract may be terminated by OVNER without any penalty.
1 . '.6 Prior to termination, OTTER shall give written notice to CONTRACTOR that
CONTRACTOR is in violation of this section. CONTRACTOR shall have five
(5) business days to cure a violation of this section.
1.7.7 Notwithstanding any other provisions in the Contract Documents to the contrary,
CONTRACTOR shall be liable for any and all daunage , M* cluding but not limited
to, consequential and incidental damages that may arise out- of breach of this
Article 15.7.
ARTICLE 16 - BONDS AND INSURANCE
16.1 Construction, Payment and Performance Bonds:
Within fifteen 15 calendar days after issuance of Notice of Award, but in any event
prior to commencing Work, CONTRACTOR shall execute and furnish to OWNER a
performance bond and a payment bond, each written by a corporate surety authorized to
do business in the State of Florida and having been in business with a record of
successful continuous operation for at least five 5 years. The surety shall hold a current
certificate of authority from the Secretary of Treasury of the United States as a
acceptable surety on federal bonds in accordance with United Staves Department of
Treasury Circular No. 570. If the amount of the Bond exceeds the underwriting
limitation set forth in the circular, in order to qualify, the net retention of the surety
company shall not exceed the underwriting limitation in the circular and the excess risks
must be protected by coinsurance, reinsurance, or -other methods, in accordance with
Treasury Circular 297, revised September 1, 197 31 DFR, Section 223.10, Section
223.11). Further, the surety company shall Provide OWNER with evidence satisfactory
to OWNER, that such excess risk has been Protected in an acceptable manner. The
surety company shall have at least the following rniniqualifications in accordance
with the latest edition of A.M. Eest's h=ance Guide, published by Alfred M. Best
Company, Inc., Ambest Road, Oldwick, New Jersey 0 5 :
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Agenda Item #15.
Financial Stability
Financial Size VIII
Two 2 separate bonds are required and both nnust be approved by the City Commission.
The penal sumo stated in each bond shall be the -amount equal to the total amount payable
under the Contract. The performance bond shall be conditioned that CONTRACTOR
perform the Contract in the time and manner ,prescribed in the Contract. The payment
bond shall be conditioned that CONTRACTOR promptly male payments to all persons
who supply CONTRACTOR with labor, materials and supplies used directly or indirect)
by CONTRACTOR in the prosecution of the Work provided for in the Contract and shall
provide that the surety shall pay the same in the amount not exceeding the sure provided
in such bonds, together with interest at the ma im= rate allowed by law; and that they
shall indemnify and save and hold harness OAR to the extent of any and all
payments in connection with the carrying out of said Contract which OWNER may be
required to make under the law.
16.2 Bonds, Reduction After Final Payment;
Such bonds shall continue in effect for one 1 year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with the
final sun of said bonds reduced after final payment to an amount equal to twenty five
percent (25%) of the Contract Price, or an additional bond shall be conditioned that
CONTRACTOR shall correct any defective or faulty Work or material which appears
within one 1 year after final completion of the Contract, upon notification by the
OWNER except in Contracts which are concerned solely with demolition work, in which
case the twenty hire percent 25% shall not be applicable.
16.E Duty to Substitute Surety:
If the swety on -any Bond finrnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is temlinated in the State of Florida or it ceases to
met the requirements of other applicable laws or regulations, CONTRACTOR shall
within five days thereafter substitute another bond and surety, both of which must b
acceptable to OVER,
16.4 INSURANCE
1 .4.1 Bidders roust submit copies of their current certificate(s) of insurance
together with the Bid. Failure to do so may cause rejection of the Bid,
16.4.2 PRIOR TO AWARD OF THE CONTRACT, THE SUCCESSFUL
BIDDER SHALL SUBMIT CERTIFICATE(S) OF INSURANCE
EVIDENCING THE REQUIRED COVERAGES AND
SPECIFICALLY PROVIDING THAT THE CITY OF CORAL
SPRINGS IS AN ADDITIONAL NAMED INSURED OR
ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED
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COVERAGE AND THE OPERATIONS OF T SUCCESSFUL
BIDDER UNDER THE CONTRACT. Insurance Companies selected
must be acceptable the OWNER. All of the policies of insurance so
required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty 0 calendar days written
notice has been given to OWNER by certified mail.
1 .4.3 The 8uccesfxif Bidder shall procure and maintain at its own expense and
keep in effect during the RAI term of the Contract a policy or policies of
insurance which must include the following coverage and Mi limits
f liability:
(a) worker's Cm ensation Insurance for statutory obligations
unposed by Worker's Compensation or Occupational Disease
Laws, including, where. applicable, the United States
Longshoremen's and Harbor worker's Act, the Federal Employer's
Liability Act and the Houxes Act. Employer's Liability Insurance
shall be provided with a rn ' of Two Hundred Thousand and
xx 10O dollars $200,000.00 per accident. 'Successful Bidder shall
agree to be responsible for the employment, conduct and control of
its employees and for any m'Jury sustained by such employees
the course of their employment.
(b) ln Corehensive Automobile Liability Insurance for all owned,
non -owned and hired automobiles and other vehicles used by the
Successful Bidder in the performance of the work with the
flowing ' ' u limits of liability:
$190003000.00 Combined Single Linnit, Bodily
Injury and Property Damage
Liability per occurrence
(c) Com rehnsive General Liabilily with the following um
limits of liability:
$2)0001000.00 Combined Single Limit, Bodily
Injury and Property Damage
Liability per occurrence
(d) CONTRACTOR shall provide Builders Risk Insurance in an
amount not less than THE REPLACEMENT COST for the work.
Coverage shall be "All Risk' coverage for one hundred percent
(100%) of the completed value with A deductible of not more than
five thousand and xx1O0 dollars ,000.00 per claim.
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Agenda Item #15.
r
Coverage shall specifically include the following with M I MMUM .limits not
less than those required for Bodily Injury Liability and Property Damage:
1. Premises and Operations;
2. Independent Contractors;
3. Product and Completed Operations Liability;
4. Broad Form PropertyDamage;
. Broad Form Contractual Coverage applicable to the Contract and
specifically confirming the indemnification and hold harmless
agreement in the Contract; and
. Personal Injury coverage with employment contractual exclusions
removed and deleted.
1 .4.4 CONTRACTOR shall maintain the Products/Completed operations
Liability Insurance for a period of at least to 2 years after final
payment for the Work and fish OWNER with evidence of continuation
of such insurance at final payment.
16.4.5 The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the
followg mini
inmum qualifications in accordance with the latest edition of
A.M. est's Insurance Guide:
Financial Stability + to +
16.4.6 The Successful Bidder shall require each of its sub -contractors of any tier
to maintain the insurance required herein (except as respects limits of
coverage for employers and public liability insurance which may not be
less than Two Million Dollars 2,0 0,000 for each category), and the
Successful Bidder shall provide verification thereof to OWNER upon
request of OW.
16.4.7 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against OWNER with the express intention of the
parties being that the required insurance coverage protect both parties a
the primary coverage for y and all losses: e b the above
described insurance.
16.4.8 The Successful Bidder shall ensure that anY company issuing insurance t
cover the requirements contained in this Contract agrees that they shall
have no recourse against OWNER for payment or assessments in any form
n any policy of insurance.
1 .4.9 The clauses 'other Insurance Provisions" and "Insurers Duties in the Event
of an Occurrence, Olabn or Suit" as it appears in any policy of insurance
m which OWNER is named -as an additional named insured shall not apply
pP
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Agenda Item #15. �
to OWNER. OWNED shall provide Witten notice ofoccurrence violin
fifteen 1 working days of O V ER!s actual notice of such an event.
16.4.10 The Successful Bidder shall not commence work under the Contract until
after he has obtained all of the rr iniTnurn insurance herein described.
.4.11 The Successful 'Bidder agrees to perform the work under the Contract as
an independent contractor, and not as a sub -contractor, agent or employee
of O "NER.
1 .4.12 Violation of the terms of this paragraph and its sub -parts sha11 constitute' a
breach of the Contract and OWNER, at its sole discretion, may cancel the
Contract and all rights, title and interest of the SuccessU Bidder shall
thereupon cease and terminate.
16,5 OWNER'S Liability and Insurance:
OWNER shall not be responsible for purchasing and maintaining any insurance to protect
the interests of CO OOP subcontractors or others on the Wort. OwNER
specifically reserves all statutory and common law rights and immunities and nothing
herein is intended to Ifinit or waive same including, but not limited to, the procedural and
substantive provisions of Florida Statute 768.28 and Florida Statute 95.11.
Page 43 of 43
Doc.130682
Page 385 of 403
Agenda Item #15.
EXHIBIT B
Page 386 of 403
Agenda Item #15.
CENTERLINE DRILLING, INC.
WATER WELL CONTRACTOR LICENSE #11132
1696 Old Okeechobee Road, 3-C
West Palm Beach, Florida 33409
ctrlinedrilling@aol. com
(561) 615-0988 Office
(561) 429-8107 Fax
February 3, 2021
To: Village of Tequesta
901 N Old Dixie Hwy
Tequesta, Florida 33469
Attn: Nathan Litteral
Centerline Drilling, Inc. agrees to allow the Village of Tequesta to piggyback off our existing contract
with the City of Coral Springs (Bid 16-B-062F) with the same terms, conditions, specifications, and
pricing which represents our lowest contract prices we have with any other government entity within the
State of Florida.
If you have any questions, please do not hesitate to contact office.
Sincerely,
Centerline Drilling, Inc.
pl�& 45" Pt.
John Say Jr.
President
Page 387 of 403
Agenda Item #15.
AMENDMENT TO AGREEMENT BETWEE N THE CITY OF CORAL SPRINGS AND
CENTERLINE DRILLING FOR WATER SUPPLY WELL REHABILITATION
THIS AMENDMENT TO AGREEMEqNT for Water Supply Well Rehabilitation, made
and entered into this day of __,2018,byandbetween:
CITY OF C01?LikL SPRINGS
a municipal corporation
95,51 West Sample, Road
Coral Springs, Ftorida 33065
(hereinafter referred to as "CITY")
AND
CENTER -LINE DRILLING, INC.,
a Florida profit coi-poration
1696 Okeechobee Road
West Pahin Beach, Fimida 33409
(herein afteTreferred to as "CONTR-ACTOR")
WHEREAS, on July 2 0, 2016, CITY entered into an Agree me tit with C enterline, Dril ling,
Inc. to provide Water Supply Well Rehabilitation servi ces', and
WHEREAS, the current ten-n expires on July 30, 2018; and
WHEREAS, the agreement may be renewed for two (2) additional two-year terms,
subject to satin factory perforn-mice by CONTRACTOR; and
WHEREAS, both ])arfies are desiriGus of extending thic term of the Agreernent for an
additional term,
Pand
NOW THEREFORE cons
ideration nsideration of the prem'ses hereof, the inuti a romises
agreements contained herein, =d the payinents to be made to CONTFACTOR for senrices
rendered to CITY heteander, the panics hereby agree as follows:
Section 1. The above recitals -,ire, acknowledged and -incorporated herein.
Section 2. TERM OF AGREEMENT
The -term of this A g-rcement s}gal I be tendcd through July 30, 2020,
Page I of 5
Doc. 132706
Page 388 of 403
Agenda Item #15.
Section 3, ARTICLE 5 is replaced in its entirety to read as follows:
RECORDS AND AUDIT
CITY reserves the right to audit the records of CONTRACTOR relating to this Agreement any
time durin g the p erformance and term of the Agreement and for a period of three ( years after
completion and acceptance by CITY. If required by CITY, CONTRACTOR shall agree to
submit to an audit by an independent certified public accountant selected by CITY.
CONTRACTOR shall allow CITY to inspect, examine and review the records of
CONTRACTOR at any and all times during normal business hours during the term of this
Agreement.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, T4 THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT THE CITY OF CORAL SPRINGS, DEBRA THOMAS,
CMC., CITY CLERK, 9500 WEST SAMPLE ROAD, COR.XL SPRINGS,
FLORIDA 33065, DTHOMAS(a CORALS PRINGS.ORG, TELEPHONE
NUMBER (954) 344-1.067.
Consultant understands, acknowledges and agrees that the Consultant shall, pursuant to Section
119.0701, Florida Statutes, as amended from time to time, do the following:
(1) Keep and maintain public records required by the City to perform the service.
(2) Upon request from the City's custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in Ch. 119, Florida Statutes, or as otherwise provided
by law or City policy.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Consultant does not transfer the
records to the City.
(4) Upon completion of the contract, transfer, at no cost, to the City all public records in
possession of Consultant or keep and maintain public records required by the City to perform the
service. If the Consultant transfers all public records to the City upon completion of the contract,
the Consultant shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Consultant keeps and maintains
public records upon completion of the contract, the Consultant shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the City, upon request from the City's custodian of public records, in a format that is compatible
with the information technology systems of the City.
`age 2 of 5
Doe. 132706
Page 389 of 403
Agenda Item #15.
REQUEST FOR NONCOMPLIANCE
(a) A request 10 in or copy Publir, records relating to a City"contract for tices must
be made directly to the City. If the City does not possess the requested records, the City shall
iminediately notify the Consultant of the request,, and the Consultant imust provide the records to
ow the City or allthe records to be inspected or copied within a reasonable ainount of time,
(b) If a Consultant does riot comply With the City's Tequest for -records, the it shall enforce
the contract provisions in accordance -with the contract.,
(c) A Consultant who faflto provide flit public records to the City within a reasonable time
may be sub ed to penalties under. s. 119. 10,
CTVIL ACTION
(a) If a civil action is filed against ea Consultant to compel production of public record
relating to a City's contract for services, the covet shall assess an award against the Consultant
the reasonable costs of enforcement, including reasonable attorney fees, if:
(1) The court determines that the CONSULTANT unlawfully refiased to comply With the
public records request within a reasonable time; and
(2) At least eight (8) bushiess days bofore filing the action, the plaintiff provide'd wfitten
notice of the public records request, including a stateniQnt that the Consultant has not complied
It th c requ es t-9 to t he C i ty and to th c C onsu I Cant.
a
(b) A notice complies with subparagraph (a)2. if it is sent to -the City's custodian of public
records and to the Consultant at the Consultant's address listed on its contract with the City or to
the Consultant's registered agent. Such notices must be sent by con-inion carrier delivery servicic
or by registered, Olabal Express Guaranteed, or certified mail, with postage oj- shipping -paid by
the sender and with evidence ,of delivery, whiGh may be in an olectronic forinat.
W A Consultant who complies with a public records request within eight (9) business days
after the notice is sent is not liable for the reasonable costs of enforcement.,
Section 4. Ail other conditions and terms of the original agreement, as anion led, not
specifically amended ficrehl, remain in full force effect.
Section 5. SEVERABILITY
Should any part, tenii or provision of this Aniendnient be by the courts decided to
be illegal or in conflict with any law of Abe State, the validity of the: remaining
portions or provisions shall not be affected thereby.
Section 6. This Amendment shall be effective upon approval of Cityk
Page 3 of 5
Doc, 132d706
Page 390 of 403
Agenda Item #15.
IN WITNESS WHEREOR, CITY OF CORAL SPRINGS and CENTERLINE DRILLING, INC.,
have executed this Amendment to Agreement the day and year first above written.
ATT ST:
DEBRA THOMASI CMC, City Clerk
APPROVED AS r FO FORjM:
C2- Lo:j
SHERRY WHITACRE, Deputy City Attorney
I
Doe.132706
Cl"I"Y OF CORAL SPRINGS, FLORIDA
WALTE ."(�Amp JR., MAYOR
r op
Page 4 of 5
Page 391 of 403
Agenda Item #15.
CENTERI E DRILLING, INC.
B y: 70 070 0,
Print Name:.7k*-1X--) ��-1 �`Q ,
Print Title. 'r-C cvf nA-
STATE OF IF I oc 1\ dQ-
COWTY OFLbAn-i
On this, the 5 day ofo�5LLALA _, 201.8 before me, the undersigned Notary
Public of the State of F 1v r i Cam. the foregoing instrument was acknowledged by
�d1'w1 5Qt4 Za. (name of corporate officer), (title)
V-ff-d5'AeyA+ of Ce+n�&l%'ne. 061,njar. (name of CONTRACTOR), a
F�p�' I d d... (state of CONTRACTOR) CONTRACTOR., on behalf of the
_
CONTRACTOR.
WITNESS my hand
and official seal
Notary Publ F VU
10M FEDMER
MYCOMISSION#FF935070
71 EXPIRES: November 11, 2019
V .2
Printed, typA10iiii- V-
ublic
exactly as commissioned
Persffli!ll kvn to me.) or
Produced identification:
(type of identification produced)
Page 5 of 5
Doc. 132706
Page 392 of 403
Agenda Item #15.
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY of CORAL
SPRINGS AND CENTERLINE DRILLING FOR WATER SUPPLY WELL
REHABILITATION
THIS SECOND AMENDAMNT for water Supply well Rehabilitation., made and
entered into this day of a �' , 2020, by and between:
CITY OF CORAL SPRINGS
a municipal corporation
9500 west Sample Road
Coral Sprigs, Florida 33065
(hereinafter referred to as "CITY")
and
CENTERLINE DRILLING, INC.
a Florida profit corporation
1696 old. Okeechobee road, 3C
Vest Palm Beach, Florida 33409
(hereinafter referred to as "CONTRACTOR")
WHEREAS, on July 20, 2016, CITY entered. into an Agreement with Centerline
Drilling, Inc. to provide water Supply well Rehabilitation services; and
WHEREAS, the Agreement provides that it may be renewed for two (2) additional two-
year terms, subject to satisfactory performance by CONTRACTOR; and
WHEREAS, on July 18, 2018, CITY and CONTRACTOR. renewed the contract through
July 30, 2020 with the option to renew for one (1) additional two (2) year term.; and
WHEREAS, both parties are desirous of extending the terra of the Agreement for the
final two (2) year tern.,
Now THEREFORE, in consideration of the premises hereof, the mutual prop 'lses and
agreements contained herein, and the payments to be made to CONTRACTOR for services
rendered to CITE' hereunder, the parties hereby agree as follows:
SECTION 1. RECITALS
The above recitals are acknowledged and incorporated herein.
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be extended through July 30, 2022.
Pagel of 5
Doe. 134362
Page 393 of 403
Agenda Item #15.
E TTo NOTICES
Article 19 of the Agreement shall be amended to read as follows:
All notices or other communications required by this Agreement shall be in Ming and deemed
delivered upon mailing by registered or certified nail, return receipt requested, band -deliver,
overnight courier, facsftmfle or email to the following persons and addresses:
CITY: Lluis Gorgo , purchasing Manager
City of Coral Springs
9500 West Sample Road
Coral Springs, Florida 33065
Telephone: 4) 344-11
Email: ' p,._
COPY TO: Rich Michaud, Director of Public Works
City of Coral Springs
9500 West Sample Road
Coral Springs, Florida 33065
Telephone: 4 344-1100
or
CONTRACTOR understands that punt to Section 287.135, a company is ineligible to, and
may not, bid on, submit a proposal for, or enter into or renew a contract with the CITY if the
CONTRACTOR is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, as amended, or is engaged in a boycott of Israel,
Additionally, CONTRACTOR understands that if the consideration for this Agreement exceeds
one miltion dollars at the time of bidding on, subrnittng a proposal for, or entering into or
renewng such contract, and CONTRACTOR is on the Scrutinized Companies with activities in
Sudan List or the Scrutinized Companies with activities in the Iran Petroleum Energy Sector
Dist, mated pursuant to Section 215,73, Io da Statutcs, as amended, or is engaged in business
operations in Spa, that CONTRACTOR is ineligible to, and may not bid on, submit a proposal
for, or enter into or renew a contract with the CITY.
By entering into this agreement, CONTRACTOR certifies that CONTRACTOR and its
principals and/or owners are not listed on. the Scrutinized Companies that Boycott Israel List,
Scrutinized Companies with Acfivifies in Sudan List, Scrutinized Companies with activities in
the Iran Petroleum Energy Sector Lists or is engaged in business operations with Syria.
In the event that CONTRACTOR is placed on the Scrutinizcd Companies that Boycott Israel
List, engaged in a boycott of Israel, Scrutinized Companies nth Activities in the Sudan List,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is engaged in
business operations with Syria, the CITY may immediately terminate this Agreement without
Page 2 of 5
Doc. 1346
Page 394 of 403
Agenda Item #15.
any liability to CONTRACTOR not `ithstan ng any othex provision in this Agreement to the
contrary,
SECTION 5. FORCE MAJEURE
In no event shall CITY be responsible or liable for any failum or delay in the perfonn=ce of its
obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control,
including, without limitation: pidernie/pandemic/viral or communicable disew outbreak;
quarantines; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural
catastrophes (including floods, fires, earthquakes, tomadoes, tropical storms, and hur cants) or
other acts of God; any National, State, County or Focal Statc of Emergency or any act, order, or
requirement of any governmental authority; interruptions, loss or maffimetions of utilities,
communications or computer (software and hardware) services; or any other similar causes
beyond the control ofCITY; it being understood that CITY sal use rmonable efforts to
resume performance as soon as practicable under the circumstances,
Should any part, term or provision of this Amendment be by the courts decided to be illegal or in
conflict with any law of the State, the validity of the remaining portions or provisions shall not
e affected thereby.
SECTION ., All other conditions and terms of the original agreement, as amended, not
specifically amended -herein, remain in full force and effect.
SECTION S. This Second Amendment shall be effective upon approval of City.
[THE REMAINDER OF THIS PAGE WTEN'IIONALLY LEFT BLANK]
Page 3 of
Doc.134362
Page 395 of 403
Agenda Item #15.
IN '�TNESS VMREOF, CITY DP CORAL SPRINGS and CENTERLINE DRILLING,
INC., have executed this Second Amendment to Agreement the day and year first above written.
ATTEST:
... - - - - dili
-
DEBRA THDA AS, CMC, dberk
APPROVED AS TO FORM:
SHERRY WlUT;', CRE, Deputy City Attomey
Doc. 134362
CITY OF CORAL SPRINGS
r`
SCOTT BROOK r ayor
Page 4 of 5
Page 396 of 403
Agenda Item #15.
CENTERLINE LIN NC@
y,
i
Print Name
State of
-k itt-A CL
bounty ofV,1jM1arj-n
The foregoing instrument was acknowledged before rye means of o physical presence
or o online notarization � thisdayLAS)CIM , 20209
(name of person acknowledging), title o
(!-J-*C--AAfNe- O-CA.I\tev-, a Ejoad CL (state) corpon
behalf of-theof-the eorp ra oa J
WUNESS my hard
and official seal
- Now Publi , State of
_ t
f 11 f► ,'
i W COMES" � ■ - -
`IP ~ . MMWw1 rpe o � e n ` Notary
�t ��� Public eaetly as commissioned
Page
Dm 134362
Personal 1v known to me, or
Produced identifi
(type of identification produced)
Page 397 of 403