Loading...
HomeMy WebLinkAboutAgreement_Water Service_2/11/2021_Centerline Drilling, Inc.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 0 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, 3C, 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". Page 1 of 7 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 Page 2 of 7 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 287.132-133, 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. 8. 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 Page 3 of 7 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. Page 4 of 7 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 1 19.0701. 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 1 19.10, 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 Page 5 of 7 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 1199 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 lmmilliamsAteguesta.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. Page 6 of 7 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: Johp4ly, Jr., Presi en (Corporate Seal) VILLAGE OF TEQUESTA " , / ".a / z Xj .. A. y: Abi ii Brenn n, Mayor OFT�, '�.F OR QC%. v: G� (Seal) SEAL 'D = '-..INCORPORATED..-' 4 Page 7 of 7 EXHIBIT A AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS AND CENTERLINE DRILLING, INC. FOR WATER SUPPLY WELL REHA.BILITIATION THIS AGREEMENT, made and entered into this day of 2016 by and between: CITY OF CORAL SPRINGS 9551 West Sample Road Coral Springs, Florida 33065 (hereinafter referred to as "OWNER") AND CENTERLINE DRILLING, INC. 1696 Old Okeechobee Road West Palm Beach, Florida 33409 (hereinafter referred to as "CONTRACTOR") WITNESSETH: IN CONSIDERATION of the mutual covenants and conditions as herein expressed and of the faithful performance of all such covenants and conditions, the parties do mutually agree as follows: ARTICLE 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 OWNER'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 date of the Contract. ARTICLE 2 SCOPE OF THE WORK 2.1 CONTRACTOR shall furnish 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 Doc. 131053 Page 1 of 12 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 3 TERMS 3.1 This Agreement will commence on date of award and shall terminate 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 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 award 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. ARTICLE 4 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-B-062F, Exhibit "A"_ 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. Page 2 of 12 Doe. 131053 ARTICLE 5 RECORDS AND AUDIT 5.1 CITY reserves the right to audit the records of CONTRACTOR relating to this Agreement any time during the performance and term of the Agreement and for a period of three (3) 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 tern 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 property 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. 5.4 CONTRACTOR understands, acknowledges and agrees that it shall, pursuant to Section 119.0701, Florida Statutes, as amended from time to time, do the following: 5.4.1 Keep 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; 5.4.2 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 amended 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 5.4.4 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 a format that is compatible with the then current CITY computer systems. 5.5 CONTRACTOR understands, acknowledges and agrees that CITY is required, pursuant to Section 119.0701, 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 Doc. 131053 Page 3 of 12 foregoing, any violation of this section shall be a material breach and this Agreement may be terminated by CITY without any penalty. 5.6 Prior to termination, CITY shall give written notice to CONTRACTOR that it is in violation of this section. CONTRACTOR shall have five (5) 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 6 CONFLICT OF INTEREST 6.1 CONTRACTOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial 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 in 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 State of Florida, Chapter 112, Florida Statutes (2016), as amended, and agrees that it will fully comply in all respects with the terms of said laws. 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 kind, contingent upon or resulting from the award of this privilege. ARTICLE 7 ASSIGNMENT 7.1 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 withheld. ARTICLE 8 INDEPENDENT CONTRACTOR STATUS 8.1 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 Page 4 of 12 Doc, 131053 acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. ARTICLE 9 COMPLIANCE WITH LAWS 9.1 CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Coral Springs and of any other public authority, which may be applicable to this Agreement. ARTICLE 10 VENUE 10.1 Any claim, objection or dispute arising out of the terms 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 attorney's 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 11 GOVEKNING LAW 11.1 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. ARTICLE 12 PERNUTS, FEES AND NOTICES 12.1 CONTRACTOR 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 13 INSOLVENCY 13.1 In the event that either party shall become insolvent, make a general assignment 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 rights of creditors, or become subject to rehabilitation, then, at the option of the other Page 5 of 12 Doc. 131053 party and immediately upon written notice, this Agreement shall terminate and be of no further force and effect. ARTICLE 14 ENTIRE AGREEMENT 14.1 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified 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 full force and effect. ARTICLE 15 SEVERABILITY 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 remaining portions or provisions shall not be affected thereby. ARTICLE 16 NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 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 their 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 CUMULATIVE REMEDIES 17.1 The remedies expressly provided in this Agreement to CTTY 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. Page 6 of 12 Doc. 131053 ARTICLE 18 TERMINATION 18.1 Termination for Convenience. Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the CONTRACTOR, CITY may without cause and without prejudice to any other right or remedy, terminate the Agreement for the CIWS convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the Agreement is terminated for the convenience of the CITY the notice of termination to the CONTRACTOR must state 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 work 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 further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. 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 correct such default shall be commenced within five (5) calendar days thereof. In the event CONTRACTOR has failed to correct the condition(s) of the default or the default is not remedied to the satisfaction and approval of the CITY, 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 reprocurement costs and any and all damages permitted by law arising from the default and breach of the Agreement. ARTICLE 19 NOTICES 19.1 All notices or other communications 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 Works City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 (954)344-1100 Doc. 131053 Page 7 of 12 CONTRACTOR: John Say, Jr. Centerline Drilling, Inc. 1696 Old Okeechobee Road West Palm Beach, Florida 33409 COPY TO: Angelo Salomon Purchasing Administrator City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 ARTICLE 20 PROGRESS PAYMENTS 20.1 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 CONTRACTOR's requisition shall show a complete breakdown of the project components, the quantities completed and the amount due, together with properly executed Releases of Liens by all subcontractors, suppliers and materialmen who were included in the CONTRACTOR'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 days after approval of the CONTRACTOR's requisition for payment. 20.2 Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained by the OWNER until the work 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. 20.3 The OWNER may withhold in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of. 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 CONTRACTOR. Page 8 of 12 that has been incurred by the 20.3.6 Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum. 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 Terms 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 of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of this Agreement shall be litigated in 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 or in conflict with any law of 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, title 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. Doc. 131053 Page 9 of 12 22.5 No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. The CITY reserves 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 , 2016. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 10 of 12 Doc. 131053 CITY OF CORAL SPRING,$,, FLORIDA Walter Cy!�'amp�e�l ,Mayor ATTES J i �U Debra Thomas, CMC, City Clerk APPROVED AS TO FORM: Sherry Whitacre, eputy City Attorney Doc. 131053 Page 11 of 12 CENTERLINE DRILLING, INC. State of: County o£ On this, the day of -'Tu„I, ; , 2016, before me, the undersigned Notary Public of the State oflgoing instrument was acknowledged by (name of corporate officer), (title), of _ 4Pc1' n2 Dr'name of corporation), a F1i , a- (state of corporation) corporation, on beh f of the corporation. WUNESS 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) IQM F®ERER MY COMMISSION 0 FF 94M) EXPIRES: November 11, 2019 Bonded Thin Nowy Public Undrwritea Page 12of12 Doc. 131053 CORAL SPRINGS -- EVERYTHING UNDER THE SUN -- DATE: May 25, 2016 BID NO.: 16-B-062F ADDENDUM NO. 1 WATER SUPPLY WELL REHABILITATION -TERM CONTRACT 1. The bid opening date has delayed until further notice. THIS ADDENDUM SHOULD BE RETURNED WITH YOUR BID, WHEN THE DUE DATE IS ESTABLISHED. a ure Company /0-7 aL Date Leonardo Bermudez Purchasing Agent II CITY OF CORAL SPRINGS, FLORIDA - FINANCIAL SERVICES DEPARTMENT - PURCHASING DIVISION 9551 W. Sample Road - Coral Springs, FL 33065 - CoralSprings.org Phone 954-344-1100 - Fax 954-344-1186 CORAL SPRINGS EVERYTHING UNDER THE SUN - DATE: June 1, 2016 BID NO.: 16-B-062F ADDENDUM NO.2 WATER SUPPLY WELL REHABILITATION -TERM CONTRACT 1. The attached documents are being made part of the addendum in response to Request for Information. 2, bid opening date has delayed until June 8 2016, at 2:00 P.M. THIS ADDENDUM SHOULD BE RETURNED WITH YOUR BID, DUE JUNE 8, 2016 AT 2:00 P.M. SS(_�i��' ture Company Date Leonardo Bermudez Purchasing Agent II CITY OF CORAL SPRINGS, FLORIDA • FINANCIAL SERVICES DEPARTMENT • PURCHASING DIVISION 9551 W. Sample Road • Coral Springs, FL 33065 • CoralSprings.org Phone 954-344-1 100 • Fox 954-344-1 186 ADDENDUM NO. 2 Date: .tune 1, 2016 TO THE CONTRACT DOCUMENTS Project Number: 275-050.GE Annual WelMeld Maintenance Bid Number. 16-B-062F City of Coral Springs TO: All Plan Holders 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 April 29, 2016 as fully and completely as if this same were fully set forth therein: 1. SPECIFICATIONS A. Section 01025, Article 1.16, A: 1. Question: What is the size of column pipe? 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, Certa-Lok drop pipe as manufactured by Certainteed Corporation. Certa-Lok drop pipe couplings with gaskets and nylon splines as manufactured by Certa nteed Corporation are to be used. 2. Question: What type and gauge of new power cage? Answer: Each pump shall be provided with the properly sized, manufacturees standard power cable, running from the motor terminal cable, neoprene coated, fiat plug to the surface junction box. Cables shall be sized for 125% of the full load current of the motor. The cable shall 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 splicing of motor lead cables to power cable will not be permitted. 3. The cable shall be armored in the area extending from the motor to one foot above the pump discharge flange. 4. The cable shall be secured to pump column at ten foot maximum intervals using stainless steel straps. 5. The cable must meet all requirements of the National Electric Code for submerged cables. Ede&Wing our 30th I*- of Sovice to South Florida I7W ANERSDE oRtW, SLWM a 10 CORAL SRAM VW, FL aloes 856610e70o FAX OU/M z7-41 Addendum No. 2 275-050.GE June 1 2016 Bid No. 16-B-062F 6. The horsepower and type of motor is shown on the diagram for each well attached to this Addendum. B. Section 01025, Article 1.18 - Post Microbiological Analysis Question: What pre -microbiological analysis is required? Answer. The pre -microbiological analysis shall include bacterial identification, HPC, fecal coliform, total collform, fungal count, and algae tests. All analyses to be completed by Micrim Labs. C. Section 02730, Article 3.12, Post Microbiological Analysis CLARIFICATION: Post Microbiological Analysis should also include pre - microbiological analysis of the well prior to the start of rehabilitation. This pre -microbiological analysis should include HPC, bacterial count, fecal coliform, total coliform count, fungal identification, and algal tests. All tests are to be completed by Micrim Labs. All Bidders shall acknowledge receipt and acceptance of Addendum No. 2 by submitting the signed Addendum with the Bid package. Proposals submitted without this Addendum will be considered informal. WELL 5 Certa-LOk Piping Ex&dng IO' Stael Casing Tra,rcducer WED Pump f r S"nar �� r z z Motor ll�v ( 1 �r WELL DATA TABLE Wnl HUMUR 5 Daw" GPM MM TOTAL DTRAAUC HIAD irri 111 SPEdFlC GPAQIY IGPMjFn t5 W PUMP ~UFACIIRER MUMS PUMP MODEL !Talc MDM MAKWALTURED NIMcN MOTOR MODEL NIDISE "*US DUUETED PQ S R RPM (MAID IEpD HORSEPOWER �0 VOLTI MM E AED/S Elevation Datum Description IS_90 NGVD D.00 Top Of flings a56 NGVD 4 24' bif SST We4head r blf Static WOter Leuei -nDD PX W 67W bl( Rottem of Transducer •57.0D NGVD 72-W bif Pumpintake 40 40 NGVD 76.20' bH sonom of Motor -65.40 NGVD $120' blf Top Of Screen •73.50 NGVD 89W bit obtUx. of Casing Ir SST Wel Screen Gravel Pack F� WELL PANG, RAVEL, AHD st7EEN COLUMHN►EDAM[TER r GRAVELISK 1 Nwri WELLSQEINSLOTS0 ID'-VN t 6V- MU, -M4D NGVD 151.20' bif Bottom of 60-Slot Screen WELL 7 Certa-Lok Piping E>asting 20' Steel Using I i Transducer F. 1 � elm well Pump StraYtae ' `.. Imewr 1 I WELL DATA TABLE WELL MWAREa T OMNGMGPM no TOTAL DYRAMK HEAD IFTI so SPECMIC CAPACY" 1GPMJF£I 350 PUM► MAKNAMMI GOULDS PURR MODEL SRRILC MOTOR MA MACTUUR KUr hl MIDTOM MDO£L H40656 MAMLER DIAMFTEM pill 5 30' RPM VA/W 36m NMIPOWER 35 V%T%Jn"E Ko Elevation Datum Description 16 30 HGVO 000 Top of Fiangc Sol NGVD 8 29' blf SST Wellhead V� —58 blT Static Water Level .4189 NGVD 6019' bif Bottom afTransducer 48 88 NGVD 65,19 blf Pump Intake -51.88 NGVD 68 18' blf Bottom of Motor -56.86 NGVO 73 18' bif -62.48 NGVD T9 A blf 12, SST Well Screen Top of Screen Bottom of Casing WUL PW ING. GRAVEL AND SCREEN Lolub" PPE DIAMETER 6' GRAVEL IM 1 k— 1 WELL SCREEN SLOT SIZE id - 0 sh%t, Ml - 604tw ' 6rird Pads r f. •126,U NGVD 143.111' baf Bottom of 60-5101 Screen f WELL 12 IEI@Mion Datum o C 8700 FOREST HILLS BLVD I 14.93 NGVD 0.00 Top of Range I f ; I Certa-lok Piping 3 i r bl} Static Water Level EalsUng 20" Steel Casing i Transducer '? t i Well Pump 1 f 41139 NGVO 75 37 hlf Bottom of Transducer Strainer Motor -69.97 NGVD 91.V blf Pump intake � 1 1 t fib 97 NGVD RUN, 61i l Bottom of Motes 1 -70.92 NGVD 95.7Y blf Top of Screen -7AD$ NGVD 93.99' bff Bottom of Casing s- W R-L DATA TABLE Gravel Pack � �., VAEu NUMBER 37 • SST Wetl Scneen -� A` r �'.. TOTAL OMNAMIC MEAD PT) JAI � SWrFKCMAayr ~I 30.05 Ii 1WF MAetrFACTUNES GoW6 rw+? Liam 7TIIC Lr Whole MANUFACTURtN IarscM WFU tIPM GRAVEL AND SCRM •�' M6TOR MODu xssnc fOLlMNI4f DMMETp or j i IMrEUl110N/11ET[afNQ 60i75' iAAVE[ @e jaw : Ft � ow Ili 36aD MIELL KNEEN SIOT SgE T-e•Sbt; eD'-aDSM I .nl MDIMHPEI= 3 v ttt;, •.; -11b.07 NGVD L3100' Of Bottom of Screen WELL 1�3 4. 6V Datum0.00 U.fiB tFCiW D.00 Top of fbnae 41 3182 CORAL LAKE LN I ` 1 urta-ink Pipina Eristina 2W steel Casing . Grout, New IS' Sch. 40 PVC liner Transducer is Vha Pump I � Motor ti i K' PVC liner placed Inside of Ir lap pipe, since iY lap plot contains holes N n - i 1, Gravel Pack . F' r►i � r� r w. r Ir SST well Semen �• �jRI f t 1MELL P1TgS6i„ GRAVEL AND S41FEt1 COLLUX Floe b M m f•f.;ai sRAva>Qe 6/14 r r WAIU lam mmr S13E `fry f 4 13i f�6VD 13.37 blf sUtk water level -23.02 NGVO 39.70' bN Bottom D(Trari"wer -3094 NM 45.fir blf Pump Intake -34.32 NGVD 49W blf Bettom of Motor f , 4115 NOVO 55" bB Top of lap Pope 40.1511GVd 74 83' hlf Top of Screen •63.11 NM 77.79' blf Bottom of Coming WELL DATATAKE WmmAm n is DLSrMWW 90e WAL DMSMSE MM OTI us SotCY1Ct7M11OTr laeWl'll 77.11 oUNN VAM4rACSURIA arSb oMSs►mcm Vbi-SST &WRORMAINNACTMA w.w bwm*wmm luaes IMMID aANWM 04 606 howl Wm me HORSEPOWER M -II5.40 MGM 130M W ooTmm o ancen WELL 17 2400 RIVERSIDE DRIVE Ceram Lok Piping EaWq 20' Steel Cuff Grout New 16' Sch 40 PVC Uner Transducer WON Pump Strainer Motor PVC Una fits B'-30' over the eaistln 12' by pipe amowma a 1S' pp between the lap pipe and brier. ; Gravel Pack . is 12' SST Weft Screen qf. t Elevation Datum 2CgriotkM I4.93 NGVD OAD Top of Flange 3.90 Nm 21.03' bif Static Water Level -24.38 NGVO 39.31' bif 6attamafTrarlsducer 29 38 NGVD 44311 btf Pump I make -32.56 NGVD 47.49' bif Bottom of Motor -37.24 NGVD 511 T bff Top of Lap Pipe •68 40 NGVD $3.33' bif Top of Screen -77.01 NGVD 91.94' bif Bottom of Camrig -130 08 Nsw 145.01' bif Bottom of Screen CITY OF CORAL SPRINGS, FLORIDA INVITATIOM TO BID SUBMIT BID TO: PURCHASING DIVISION WEER 9551 WEST SAMPLE ROAD CORAL SPRINGS, FLORIDA 33065 GENERAL CONDrWN8 THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIESISERViCES ISSUED BY THE CITY OF CORAL SPRINGS. THE CITY OF CORAL SPRINGS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARQ MTRUCTIOf'bS FOR A PARTICULAR CONTRACT BY INDICATING SUCm CHANGE IN SPECIAL INSTmucim JS TD BIDDERS OR IN THE BID SFlEET& ANTI AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL COFWiTIONS SHALL HAVE PRECEDENCE. HIDDR:R AGREES THAT THE PRONmIONS INCLUDED vwTHIN TmIS WTATION Fqi BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BDDERS CONTRACT To THE CONTRARY. SIDMR ACKNOWLEDGMENT MUST BE SIGNED AND REiMNED WITH YOUR BIND SEALED BIDS: This forth must be azsoafsd and submMod witii all abide by all =vOlons of fhls Did old oerilfy dwt I am wVmftzed to 31d shaft in a sealed vNelope. The hoe of the erwsiope shalt sign this Bid far the Slddar. By all this Nam, Byer ooabg the shove adilimw the dubs and f me of Bid waft and admawiedgea Old aoceplrs %* tl to Imlfaft , pages 1 ttvough 5 Bid rnmber. Bids not submitted on attached Bid Form may be indalve of the hnyftft la BId as well as arri specM kahxdkxa n4scfed. AN Bids are stleded ID the corsdf*m spoctied henrki. if appkable. Those which do not canpiy with ifieee condibons are subpd fo releation. iNSTRUCTXM TO 311IDDERB: BID NO.: 16-8-MF BIDS WILL BE OPENED 2-00 P.M. (EST). May 25. 206 and may riot be wdhdrawm durhrg the 90 calendar daye foiicwtrg such daft and time. PURCHASMIG AGENT (NAME & TELEPHONE NO..) Leonardo Bermudez 954-344-1101 nk rl'+nP— iD s `,\\�V\ a. _v, r _ c�R t�L �QFI---,j' (S OF S4 RIZED AGENT) 1�re5;�e�n� TYPEDIPRINTED NAME OF AUTHORPEDMEW: ADDRESS: PHONE No: (5 (D 1 1 (a 1l Q g 1 O FEDERAL ID NUhMR OR SOCIAL SECURITY NUJAWR Of 13000L q a^ L c 8 l( 7 I car* that tttis Md adaionleciMnart Is made w44tsac,t W" unduslariclirg, agresrnarit or connection %M arty corporation, ram or person suWnilang a IN for are same ecmmodifiesl aamoes, and is In all respeCie fair and without aoAus — a tread. I spree fn Page i of 5 P-1 5, tw.\� 1.1 Terms Used in ftsese IraMx to % to Siddars we de lined and have see mWnkrgs aesipned to them. The term IN&W means one who submits a Sid diracdy to CITY, as aswid tram a &*s-bidder who vA rnii s a 1 W to the Bidder. Tha term 'suca>suu Bidder means the most responemle and neV"Ive Bidder to whom CITY (on the basis of Cfr?S evakatlon as hareini dter provided) makes an awed. The farm "CITY' ns#&a to Ow CITY of Cora! Sp*Vs. a municipal corporation of the State or Florlde. The terra mid Doaxnants' des the k:utiatico to Btd, Ins"Wons to Btddem Speow Concildons. Md Form. NarCoitrsl+ee Affftvk ems) of h>surariae. If req*vd. Pmwnent mod Prrbrlwwe Bonds. I rsgaired. Corporate Raeduwn. Bid SaaaNy, rT requk+ed. and the proposed CW*60 Documents, I &W. Induding si Addmvb !sued prior to moelpt of aids. 2.1 Compfabs sets of Bid Doe mw* must be used in preparhag Bids. CITY does not assume any responal ty for arras or mtehrfarprefalfons result V f m the use of asoomplete "Is of Bid Doaunasstc. CITY, in mating copies of Bid Documents aveftie doss so ortbr ficr the ptapose of obb"ng tfids and doss not mnfor a license or gaol for enr CaWN use. 3.1 No Bid will be accepted from, nor vA any coMrad to awarded to any person who is in arrears to tin CITY. upon any debt or mntract, or vAw Is a dOkAd r, as surety or ofhar alse, upon try obligation to CITY, or who is deemed mpwsue or unrokime by the CITY. 32 As part of the Hid evahmibn process, CfTY may aondtwt a badvrasid grvsshoallon mdudn8 a record dwdr by the Corot Spdvgs Poke Deparbrow t. MOW* r- submission of a Bid constitutes acknowledgment of the Process and consent to such investigation. CITY shall be the sole judge in determining Bidder's qualifications. 4. EYAMIN T10N OF BID OC IWENTS 4.1 Before submitting a Bid, each Bidder must (a) examine the Bid Documents thoroughly; (b) consider federal, state and local laws, ordinances, rules and regulations that may In any manner affect cost, progress performance, or provision of the commodities and/or services; (c) study and carefully correlate Bidder's observations with the Bid Documents, and (d) notify CfTY's Purchasing Division of all conflicts, errors and discrepancies In the Bid Documents. 4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has compiled with every requirement of this Article 4, that without exception. the Bid is premised upon performing the services and/or furnishing the commodities and materials and such means, methods, techniques, sequences or procedures as may be indicated in or required by the Bid Documents, and that the Bid Documents are sufficient in slope and detail to Indicate and convey understanding of all terns and conditions of performance and furnishing of the goods and/or services. S. SP IFICATI NS 5.1 The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement. 5.2 For the purpose of evaluation, the Bidder must Indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect 5.3 Any manufacturers' names, trade names, brand names, information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics and are not intended to limit or restrict competition. The Bidder may offer any brand which meets or exceeds the Specifications for any Item(s). If Bids are based on equivalent products, Indicate on the Bid Form the manufacturer's name and catalog number. Bidder shag submit with his Bid complete and descriptive literature and/or specifications. The Bidder should also explain in detail the reason(s) why and submit proof that the Proposed equivalent will meet the Specifications and not be considered an exception thereto. The deternlnation of equivalency shall rest solely with the CITY. If Bidder fails to name a substitute, it will be assumed that Bidder is bidding on and will be required to furnish commodities identical to Bid standards, 6. iNTERPR_ETATIONS AND ADDENDA 6.1 To ensure fair consideration for all Bidders, CITY prohibits communication to or with any department, officer or employee during the submission process except as provided In Paragraph 6.2 below. 6.2 if the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions, Bidder shall submit a written request directed to the Purchasing Division to be forwarded to the appropriate person or department for interpretations or carifrcation. interpretations or clarifications deemed necessary by the Purchasing Division in response to such questions will be issued in the form of written addenda, mailed to all parties recorded by CITY'S Purchasing Division as having received the Bid documents. The issuance of a written addendum by the Purchasing Division shah be the only official method whereby such an interpretation or clarification will be made. 7. PRICES 81D 7.1 Prices shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extension or totals, unit amounts shall govem. 7.2 Discrepancies in the multiplication of units of work and unit prices will be resolved In favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 7.3 Ali applicable discounts shag be included in the Bid price for materials and services and will be considered as determining factors in recommending an award in case of tie Bids. Discounts extended to CITY shall include but not be limited to those discounts normally extended to governmental agencies as well as the private sector. 7.4 Chain discounts are not acceptable and will not be considered in determining an award. Bidders may bid only one (1) discount for each Item on the Bid Form. Firm discounts and prices are to be quoted for the term of the Contract. 7.5 Bidder warrants by virtue of bidding that prices, terms and conditions In the Bid will be firm for acceptance for a Period of ninety (90) calendar days from the date of Bid opening unless otherwise stated by the CiTY, 7.6 The Bid price shall include all permit fees, royalties license fees and other costs arising from the use of such design, device or materials In any way Involved in the work as well as all costs of packaging, transporting and delivery to the designed location within the City of Coral Springs- 8. OCCUPATIONAL HEALTH & SAFETY 8.1 Bidder shall comply with all State and federal standards and requirements regarding the transport, use, installation, disposal, generation, and/or delivery of any toxic substance as defined therein. 9. SUBMISSION OF BIDS 9.1 Bids shall be submitted at or before the time and at the Place indicated in the Invitation to Bid and shall be submitted in a sealed envelope. The envelope shag be clearly marked on the exterior "BID FOR (PROJECT TITLE) THE CITY OF CORAL SPRINGS, FLORIDA, OPEN .... (insert date given in Invitation to Bid) and shall state the name and address of the Bidder and shall be accompanied by any other required documents. No responsibility win attach to the Purchasing Division for the premature opening of a Bid not properly addressed and identified. Page 2 of 5 material and substantial mistake in the preparation of 9.2 Bids must be typed or printed in ink. Use of erasable Ink 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 will not be accepted. and the Bid Security will be returned. 9.3 In accordance with Chapter 119 of the Florida Statutes 12, REJECTION OF BIDS (Public Records Law), and except as may be provided by other applicable slate and federal law, all Bidders 12.1 To the extent permitted by applicable state and should be aware that the Invitation to Bid and the federal laws and regulations, CrfY reserves the right responses thereto are in the public domain. However, to reject any and all Bids, to waive any and all the Bidders are requested to Identify specifically any informalities. Irregularities and technicalities not information contained in their Bids which they consider involving price, time or changes In the commodities confidential and/or proprietary and which they believe to and/or services, and the right to disregard all be exempt from disclosure, citing specifically the nonconforming, non -responsive, unbalanced or applicable exempting law. conditional Bids. Bids will be considered irregular and may be rejected if they show serious omissions, 9.4 All Bids received from Bidders in response to the alterations in form, additions not called for, conditions Invitation to Bid will become the property of the City and or unauthorized alterations or Irregularities of any will not be returned to the Bidders. In the event of kind. contract award, all documentation produced as part of the contract shall become the exclusive property of the 12.2 CITY reserves the right to reject the Bid of any Bidder CRY, if CITY believes that it would not be In the best interest of CiTY to make an award to that Bidder, 9.5 The submitted Bid shall constitute a firrn offer on the part 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. falls to meet any other pertinent standard or criteria established by CITY. 10 DID FORMS 12.3 More than one Bid received for the same work from 10.1 The Bid Form is included with the Bid Documents and 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 Bid to be rejected. The forms must be submitted in be considered. Reasonable grounds for belleving that good order and all blanks must be completed. any Bidder Is interested in more than one Bid for the same work will cause the rejection of such Bids in 10.2 The Bid must be signed by one duty authorized to do so which the Bidder is interested. If there are reasonable and In cases where the Bid is signed by a deputy or grounds for believing that collusion exists among the subordinate, the principal's proper written authority to Bidders, the Bids of participants In such collusion will such deputy or subordinate must accompany the Bid. not be considered. 10.3 Bids by corporations must be executed In the corporate 12.4 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 13. OPENING OF BiDS shown below the signature. 13.1 Bids will be opened publicly on the date and at 10.4 Bids by partnerships must be executed In the the location 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. 14. BIDS TO REMAIN OPEN 11 MODIFICATION AND WrTHDRAWL OF BIDS 14.1 All bids shall remain open for ninety (90) calendar 11.1 Bids must be modified or withdrawn by an appropriate 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 14.2 Extensions of time when Bids shall remain open or a modification must be in writing and signed by beyond the ninety (90) day period may be made only person duly authorized to do so and, in a case 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 OF CONTRACT the rights of a Bidder to submit a new Bid prior to the Bid date and time. 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 base Bid whose evaluation by CITY Indicates to CiTY 11.2 If, within twenty-four (24) hours after Bids are opened, that the award will be in the best interests of the CITY any Bidder files a duly signed written notice with CiTY and not necessarily to the lowest Bidder. and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of CiTY by Gear and convincing evidence that there was a Page 3 of 5 15.2 Criteria utilized by CiTY for determining the most responsible and responsive Bidder includes, but is not Contract and for any renewal period unless subject to limited to the following; Price adjustment specifed as a "special condition" hereto. (a) Ability of Bidder to meet published specifications. 17. iNSURANCE (b) Bidder's experience and references including, 17.1 The insurance requirements contained In this Bid but not limited to, the reputation, Integrity, character, efficiency, experience, represent the minimal protection necessaryfor the CITY as determined by the CITY's Risk Mangement skill, ability and business judgment of the Bidder, the Coordinator. The successful shall be required quaHtY of performance of Bidder under IsBidder Di provide Proper Proof of Issuance to the Purchasing Division previous contracts, any sub -contractors and other persons providing labor or materials to prior to award. No award will be recommended until a written determination Is made by Bidder. CITY's Risk Management Coordinator that the proof dders (°) Bidders qualifications and capabilities, of insurance submitted by the Bidder is acceptable from a Risk Management Psn4mctive. Further Including but not limited to, the size, financial histo strength rY, gth and stability the business modification of the requirements may be made at the sofa discretion of the CITY if circumstances of to perform the work of the Contract, the warrant. 18. Possession of necessary facilities and TAXES equipment and the quality, availability and adaptability thereof to the particular use {) 18.1 The successful ccessful Bidder shall pay all applicable sales, required. consumer use, and other similar taxes required by law. (d) Whether Bidder can perform the Contract Promptly or within the time specified without 19. AUDIT RIGHTS delay or interference. {e) 19.1 The CITY reserves the right to audit the records of the successful Previous and existing compliance by Bidder Bidder for the commodities and/or services with ions, ordinances, and regulations relating w the commodities es services.arag provided under the Contract at any time during the Performance and term of the Contract and for a period of three (3) year after completion and acceptance by (f) Price. the CITY. If required by the CITY, the successful Bidder agrees to submit to an audit by 15.3 K applicable, the Bidder to whom award is made shall an Independent certified public accountant selected by the CITY. The execute a written Contract prior to award by the City Commission. If the Bidder to whom the first award is successful Bidder shall allow the CITY to inspect, examine and review the records of the successful made fails to enter Into a Contract as herein provided, the Contract may be let to the next lowest Bidder Budder in relation to this contract at any and all times during normal busi ness hours during the who is responsible and responsive in the opinion of the is term of the CITY. 20. CONFLICT OF iJ,VTEREST 16. OPEN END CONTRACT 16.1 No guarantee is expressed or implied as to the total 20.1 The award hereunder is subject to the provisions Chapter 112, Florida Statutes. Bidders mustdisclose quantity of commoditles/services to be purchased under any open end Contract. Estimated with their Bid the name of any officer, director, partner, Proprietor, associate or agent quantities will be used for Bid comparison The who is also a public officer employee of the CITY or any of Its agencies. CITY reserves the right to issue Purchase°onrder , Further, all Bidders must disclose the name of any and when required, or, issues a blanket purchase order for individual agencies and release Partial Public officer a employee of the CITY who owns, directly or indirectly, an Interest of five percent quantities or any combination of the proceeding tees or more in the Bidder's firm or any of its branches or affiliate companies. 16.2 ORDERING: The CiTY reserves the right to purchase 21. commodities/services specified herein through Contracts established by NON -COLLUSIVE AFFIDA��T other governmental agencies or through separate procurement actions due to unique or special needs, if 21.1 Each Bidder shall complete the Non -Collusive Affidavit and Include It with the an urgent delivery Is required within a short period than the delivery time Bid Form and shall submit this FOB with the Bid. Failure of the Bidder to specified in the Contract, and if the seller Is unable to comply therewith, the CITY reserves the right to submit this document may be cause for rejection of the Bid. obtain such delivery from others without penny or prejudice to the CITY or to the Bidder. SUMMARY DOCUMENTS T E SUBMITTED t3Y BIDDERS 16.3 CONTRACT PERIOD: The initial Contract Period start with the expiration date of the previous Contraclt of documents, copies 22.1 The folfowdng Is a sled or date of award, whichever d latest, and steal! terminate two (2) years from that date. of which may be included in t the Bid documents h are to be completed and The CITY may renew this Contract for two (2) two (2) s submitted by Bidders; year periods subject to Bidder acceptance, satisfactory performance, and determination that (a) Bidder acknowledgement. (b) Bid Form renewal will be in the best Interest of the CITY. All prices, terms and {c) Non Collusive Affidavit conditions shall remain firm for the initial period of the Page 4 of 5 (d) Certified Resolution or other duly executed document evidencing authority to sign on behalf of the Bidder. (e) Qualification Statement, if required by the Special Conditions. (f) Bld Security, if required by the Special Conditions. (g) Certlticate(s) of Insurance, if required by the Special Conditions. (h) Certification of Non -Segregated Facilities, H required by the Special Conditions. Page 5 of 5 BID FORMS SUBMISSION CHECKLIST Project Name: WATER i 1 REHABi�,ITATI�1 ` ERVICE Bid No. 16- i2 Bidders Company Name: cecl�e�<- The following forma should be COmPieted aad returned with the bid submittal on the above named project, I . E. Bid submission checklist Z. ± i Bidder Acknowledgement (page one rnily) 3. C Bid Form 4. - City Engineer Consultant 5. ❑ Certified Resolution 6. _ Non -Collusive Affidavit 7. Qualifications Statement 8. C Reife�ces 9. - Insurance Certificate 10. ❑ Foreiga (non -Florida) Corp. 11. = Addenda Cover Page (if requhvi) CORAL SPRINGS -- EVERYTHING UNDER THE SUN - DATE: May 10, 2016 INVITATION TO BID ALL INTERESTED PARTIES: BID NUMBER: 16-B-062F The City of Coral Springs, Florida, hereinafter referred to as the CITY, will receive sealed Bids at the office of the Purchasing Administrator, City Hall, 9551 West Sample Road, Coral Springs, Florida 33065, for: WATER SUPPLY WELL REHABILITATION Sealed Bids must be received and time stamped by the Purchasing Administrator, either by mail or hand delivery, no later than 2:00 p.m. local time on WednesdilL May 25 201 . A public opening will take place at or before 2:15 pm. in the City Commission Chambers located at City Hall on the same date. Any bids received after 2:00 p.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. The CITY reserves the right to reject any or all bids, to waive any informalities or irregularities and technicalities not involving price, time or changes in the work, in any bid received, to re - advertise for bids or take any other such actions that may be deemed to be in the best interests of the CITY. Leonardo Bermudez Purchasing Agent II CITY OF CORAL SPRINGS, FLORIDA • FINANCIAL SERVICES DEPARTMENT • PURCHASING DfVISION 9551 W. Sample Road • Corcl Springs, FL 33065 , CoralSprings.org Phone 954-344-1 100 • Fox 954-344-1 186 i WATER SUPPLY WELL REgAgII,TTATION I B-062F INSTRUCTIONS TO BIDDERS UAL ICA7TONS OF BIDDERS 1.1 Each Bidder shall complete the Qualifications Statement and shall submit the same with the Bid. Failure to submit the Qualifications documents required thereunder together with the Bidmay constituteent and all rejection of the Bid, grounds for 1.2 Sample of items, when required, must be furnished by Bidder free of charge to CITY. Each individual sample must be labeled with Bidder's name and manufacturer's brand name and be delivered b him within of the Bid opening unless the schedule indicates a erment limme and �unlleess submission is required before the Bid opening. If samples are required subsequent to the Bid opening they should be delivered within ten (10) calendar days of the request. CITY will not be responsible for returning samples 1.3 City reserves the right to consider the availability of parts and service facilities for the equipment offered. The failure of the Bidder to maintain a sufficient line of Parts to service the equipment 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 of citations and/or violations of environmental regulations in determining and further reserves the right to declare a Bidder11 }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 thereof. ttonsubmission of any such documentation The shall be deemed to be an affirmation by the Bidder that there are no shall citations or violations. Bidder shall notify CITY immediately of notice of any citation or violation that Bidder mreceive after th Bid opening date and during the time of performance of any contract awarded to ay e Bidder. 2. SPECIFICATIONS 2.1 Items shown on the Plans but not noted in the Specifications, and items noted in the Specifications but not shown on the Plans, are to be considered as both sho on the Plans and noted in the Specifications. wn An Specifications or on the Plans, as to the standards of the work, shall n reliev CONTRACTOR of the obligation to furnish a satisfactory e the t first class job in strict conformity with the best practice found in structures or in the work of a similar tyPe• The failure of the Bidder to direct the attention of the CITY's Purchasing Page 1 of 12 Agent to errors or discrepancies will not relieve the Bidder, should Bidder be awarded the Contract, of the responsibility of performing the work to the satisfaction of the CITY. 3.1 The Bid Form, 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 City shall affix his/her signature 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 by the City after execution of this Bid Form, shall constitute the written agreement between the parties and shall together comprise the Contract Documents. The Contract Documents are complimentary and what is required by one shall be as binding as if required by all. 4. AWARD OF CONTRACT 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 CITY that the award will be in the best interests of the CITY, and not necessarily to the lowest Bidder. 4.2 Criteria utilized by CITY for determining the most responsible and responsive Bidder includes, but is not limited to the following: (a) Ability of Bidder to meet published specifications. (b) Bidder's experience and references, including but not limited to, the reputation, integrity, character, efficiency, experience, skill, ability and business judgment of the Bidder, the quality of performance of Bidder under previous contracts, any sub -contractors and other persons providing labor or materials to Bidder. Payment history with sub -contractors under previous contracts. (c) Bidder's qualifications and capabilities, including but not limited to, the size, financial history, strength and stability of the business to perform the work of the Contract, the possession of necessary facilities and equipment and the quality, availability and adaptability thereof to the particular use(s) required. (d) Whether Bidder can perform the Contract promptly or within the time specified, without delay or interference. Page 2 of 12 i (e) Previous and existing compliance by Bidder with laws, ordinances and 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 (15) days thereafter, the CONTRACTOR must deliver the required bonds and certificate of insurance to 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 set of drawings (if required). 4.4 If applicable, the Bidder to whom award is being recommended 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 opinion of the City. Such Bidder shall fulfill every stipulation embraced herein as if he were the original party to whom the award was made. 5. PUBLIC ENTITY CRIMES INFORMATION STATEMENT 5.1 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida State Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 6. CONTRACT T19E 6.1 The work to be performed under the Contract shall be commenced upon issuance of Purchase Order and after all applicable permits are obtained by Contractor. 6.2 The time of completion for services authorized under each Purchase Order/Work Order will be established at the time of issuance of Purchase Order /Work Order. 6.3 By virtue of the submission of his Bid, Bidder agrees and fully understands t tha the completion time of the work of the Contract is an essential and material condition of the contract and the time is of the essence The and Bidder Page 3 of 12 agrees that all work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. Failure to complete the work within the time period specified shall be considered a default. 7. LIQUIDATED DAMAGES FOR BREACH OF CONTRACT See Construction Services General Conditions, Paragraph 11.4 for details. 8. SAFETY 8.1 The Successful Bidder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Successful Bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Fla Statutes Section 440.56) and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA) and its amendments. 8.2 The Successful Bidder shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to: (a) All employees on the work site and all other persons who may be affected thereby. (b) The work and all materials and equipment incorporated therein. (c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures, irrigation systems and utilities not designated for removal, relocation or replacement in the course of the work. 9. WARRANTIES 9.1 Warranty of Title: The Successful Bidder warrants to the CITY that all goods and materials furnished under the Contract will be new unless otherwise specified and that Successful Bidder possess good, clear, and marketable title to said goods and there are no pending liens, claims or encumbrances whatsoever against said - goods. All work not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective. 9.2 Warranty of Specifications: The Successful Bidder warrants that all goods, materials and workmanship furnished, whether furnished by the Successful Bidder or its sub -contractors and suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted. Page 4 of 12 9.3 arranty of Merchantabili The Successful Bidder warrants that the goods to be supplied pursuant to the Contract are merchantable, of good quality and free from defects, whether patent or latent in material or workmanship. 9.4 Warran of Material and Workmanshi ' The Successful Bidder warrants all material and workmanship for a minimum of one 1 (ear completion and acceptance by the CITY. If within one1) from date of project year after acceptance by the CITY, or within such larger period of time as may be 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 written notice from the CITY to do so, promptly correct the work unless the MY has reviousl the Successful Bidder a written acceptanceP Y given of such condition. 9.5 The Successful Bidder warrants to the CITY that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 9.6 The Successful Bidder warrants to the CTTY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings investigations of any kind which would have an adverse effect on Ity 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 will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which the Successful Bidder is a party. 9.8 The Successful Bidder warrants that there has been no violation of co Patent rights either in the United States of America or in foreignPyrights or connection with the work of the Contract. countries in 9.9 All warranties made by the Successful Bidder together with service warrantid guarantees shall run to the CITY and the successors and assigns of the CITY. es an 10. RISK OF LOSS 10.1 The risk of loss, injury or destruction, regardless of the cause of the be on the Successful Bidder until the completion of the malty, shall Well Rehabilitation Services and ' P Project for Water Surroly CITY. inspection and acceptance of the project by 11. PERMITS FEES AND NOTICES Page 5 of 12 11.1 The Successful Bidder shall secure and be responsible to pay for any and all 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 permits as soon as possible after the date of Contract award. Any 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, rules, regulations and lawful orders of any public authority bearing 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 96- 838, Laws of Florida. This notice must 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 times shall keep the premises free from accumulation 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 a condition suitable for use by the CITY. 13. DELAYS AND EXTENSIONS OF TINE 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 making 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 claim otherwise it shall be waived. 13.2 No claim for damages or any claim 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 Successful Bidder shall default in any of the terms, obligations, restrictions or conditions in the Contract Documents, the CITY shall give the Successful Bidder written 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 (5) calendar days thereof. In the event the Successful Bidder has failed to correct the condition(s) of the default or the default is not Page 6of12 remedied to the satisfaction and approval of the CITY, the CITY shall have all legal remedies available to it, including, but not limited to termination of the Contact in which case the Successful Bidder shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of the Contract. 15. TERMINATION FOR CONVENIENCE OF CITY See Construction Services General Conditions, Paragraph 13.13 for details. 16. ASSIGNMENT 16.1 The Successful Bidder shall not assign or transfer its rights, title or interests in the Agreement nor shall Successful Bidder delegate any of the duties or obligations undertaken by Successful Bidder without CITY's prior written approval. 17. APPLICABLE LAWS ORDINANCES RULES CODES AND REGULATIONS 17.1 Familiar tywith 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. EQUAL EMPLOYMENT OPPORTUNITy REQUIREMENT INFORMATION 18.1 A copy of Executive Order no. 11246, "Notice of Requirement for Affirmative Action to Insure Equal Employment Opportunity" is on file in the City's Department of Development Services, 9551 W. Sample Road, Coral Springs, Florida 33065. All bidders must consider those requirements prior to submitting a bid. Those requirements shall be incorporated into and made a part of the Contract. 19. INDEMNIFICATION 19.1 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 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, including, but not limited to, fees and charges of engineer, architects, attorney's, consultants and other professionals and court and arbitration costs arising out of or resulting from the performance of the Work excluding the sole negligence of OWNER. Such indemnification shall specifically include but not be limited to claims, damages, Page 7 of 12 losses and expenses arising out of or resulting from (a) any and all bodily injuries, sickness, death, disease; (b) injury 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 including patent defects; (f) 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, by-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 COPYRIGHT INDEMNIFICATION: CONTRACTOR agrees to indemnify, save and hold harmless the OWNER, 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 claims, fines, fees, royalties, or costs 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 infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. 19.3 Pursuant to the requirements of Florida Statute 752.06, 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 required hereunder shall not be limited to the amount of required comprehensive 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 of 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 in 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 law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to negate, Page 8 of 12 abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any party described in this Paragraph 21 and its subparts. 20. INSURANCE 20.1 Bidders must submit copies of their current certificate(s) of insurance together with the Bid. Failure to do so may cause rejection of the Bid. 20.2 AT THE TIME OF EXECUTION OF THE SUCCESSFUL BIDDER SHALT, SUBMIT A CURRENT THE OF INSURANCE EVIDENCING THE REQUIREDURRENT CERTIFICATE SPECIFICALLY PROVIDING THAT THE Ty OF CORAL SPRINGS SI AN ADDITIONAL NAMED INSURED WITg REQUIRED COVERAGE AND RESPECT TO THE SUCCESSFUL BIDDER UNDER THE Cp ��C�TIONS OF THE selected must be acceptable to the CITY. Insurance Companies l required to be purchased and maintained shall contain a policies of insurance so Pro that the coverage afforded shall not be canceled t' ch n or endorsement refused until at least ' materially changed or renewal thirty (30) calendar days written notice has been given to CITY by certified mail. 20.3 The Successful Bidder shall procure and maintain at its own expense and keep in effect during the full term of the Contract a policy or policies of insurance that must include the following coverage and minimum limits of liability (a) Worker's Com ensation Insurance for statutory obligations unposed by Worker's Comp ensation 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 Homes Act. Employer's Liability Insurance shall be provided with a Thousand and xxl100 dollars nummum of Two Hundred Bidder shall agree to be responsible ($2D0,000.00) per accident. Successful control of its employees and for the employment, conduct and the course of their employment.Y jmYtaiued by such employees in (b) Com rehensive Automobile Liabilit�IYsurance for all own and hired automobiles and other vehicles used by the Successful Bidder in e -owned the Performance of the work with the following minimum limits of liability 1 000 000 Combined Single Limit, B oaY Injury and Property Damage Liabili ty per occurrence (c) Com rehensive General Liability with the following minimum limits of liability: Page 9 of 12 $1,000,000 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence Coverage shall specifically include the following with minimum 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 Property Damage; 5. Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract; and . 6. Personal Injury coverage with employment contractual exclusions removed and deleted. 20.4 The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability B+ - A+ 20.5 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance coverage protects both parties as the primary coverage for any and all 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 against CITY for payment or assessments in any form on any policy of insurance. 20.7 The clauses "other Insurance Provisions" and "Insurers Duties in the Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is named as an additional named insured shall not apply to CITY. CITY shall provide written notice of occurrence within fifteen (15) working days of CITY's 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 minimum insurance herein described. 20.9 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 CITY. Page 10 of 12 20.10 Violation of the terms of this paragraph and its subparts shall constitute a breach of the Contract and CITY, at its sole discretion, may cancel the Contract and all rights, title and interest of the Successful Bidder shall thereupon cease and terminate. 20.11 OWNER'S Liability and Insurance: OWNER shall not be responsible for purchasing and maintaining any insurance to protect the interests of CONTRACTOR., subcontractors or others on the Work. OWNER specifically reserves all statutory and common law rights and immunities 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. 21. CONTRACT TERM 21.1 The initial term of this contract will be two (2) year(s) with an option to renew for two (2) additional two (2) year time periods for a cumulative total of six (6) years, using the same terms, conditions, and pricing of the original agreements provided that funds are available and appropriated by City's Commission. 22. CONTRACT ADJUSTMENTS 22.1 The cost(s) shall remain firm for the initial two (2) year contract term. Costs for any extension term shall be subject to adjustment only if increases occur in the industry. Such increases shall not exceed 5% or, whichever is greater, the latest Yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published 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 available ninety (90) days prior to the end of the contract year then in effect compared to the index for the comparable month one year prior. Any requested 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 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 Contractor, a reduction in costs, in accordance with the terms and conditions for adjustments detailed above. 23. ADDENDUM An addendum, if needed, will be issued prior to the opening 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 any addenda have been issued, or to contact the Purchasing Division to determine if any addendum has been issued. In some cases, where the addendum has a direct effect on the scope of work or a Page 1 I of 12 change in the cost of the project, the omission of the signed addendum being returned with the bid submittal may cause the bid to be considered as non -responsive. Page 12 of 12 SECTION 01010 SUMMARY OF WORK PART 1GENERAL 1.01 WORK INCLUDED A. All of the work under this contract is located within existing rights -of -way, utility easements, or other such CITY property. B. Provide materials, equipment, and incidentals necessary for proper completion of the Work required by the Specifications and as shown on the Drawings, using qualified 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 properly 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 shall be furnished and installed by the CONTRACTOR 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 (5) raw water supply wells, numbers 7,17,5 ,13 & 12, 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 weilfieid as shown on the attached map. B. Furnish and install all sitework, demolition, mechanical, and electrical improvements 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 sift 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. 4/29/16 01010 275-050.GE 1 SUMMARY OF WORK F. Provide for mobilization to the City of Coral Springs water treatment plant and then to each of the individual well sites. G. Provide all equipment and materials for the complete chlorination of each well. H. All other required work whether implied or incidental to the proper completion of the project. PART 2 PRODUCTS - Not Used. PART 3 EXECUTION - Not Used. END OF SECTION 4/29/16 01010 275-050.GE 2 SUMMARY OF WORK i"- SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 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 further specified all compensation to be received by CONTRACTOR for fuhing all tools, shall quipment supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of the Work all in accordance with requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with regulations of public agencies having jurisdiction, including Health and Safety Requirements of the Occupational Safety and Health Administration of the U. S. Department of Labor (OSHA), SFWMD, Broward County, and FDEP. No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs, therefore, shall be included in prices named in the Bid Schedule for various appurtenant items of the Work. 1.02 MOBILIZATION AND DEMOBILIZATION (BiD ITEM NO. 1) A. Measurement for payment of mobilization/demobilization is based upon the completion of 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 Springs to rehabilitate any and all wells in the project. Mobilization includes but is not limited to the following principle items: 1. Mobilize men, materials, and equipment to the City of Coral Springs. 2. Removing all equipment, material and personnel from the City of Coral Springs. B. Payment for mobilization/demobilization shall be made as follows. The Contract unit price named shall be distributed for completion of mobilization at 60% and demobilization at 40%. Payment will constitute as full compensation for the provision of work as listed above plus all other appurtenant or incidental work as required to properly complete the mobilization/demobilization phase. The following are prices for each Individual well site authorized for rehabilitation: 1.03 MOBILIZATION ARID DEMOBILIZATION (BiD ITEM NO.2) A- Measurement for payment of mobiiizabor/demobilization is based upon the completion of mobilization and/or demobilization to any of the well sites in the Coral Springs wellfield from the Coral Springs water treatment plant or a 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 principle items: 4/29/16 275-050. GE 01026 MEASUREMENT AND PAYMENT 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 shall be distributed for completion of mobilization at 60% and demobilization at 40%. Payment will constitute as full compensation for the provision of work as listed above plus all other appurtenant or incidental work as required to properly complete the mobilization/demobilization phase. 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. 2. Provide required traffic control. 3. Prepare and layout site. 4. Have the CONTRACTOR`s superintendent on the job site full time. 5. Have qualified personnel experienced in well rehabilitation on the job site full time. 6. Provide temporary wellhead and discharge pipe to appropriate discharge location. 7. All miscellaneous costs not included in other individual bid items, Including but not limited to taxes, fees, etc. 8. Remove temporary construction facilities at each site. 9. Remove temporary site fencing and silt and erosion control facilities from each site. 10. Remove equipment and excess materials, including discharge pipe. 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 Form and shall constitute as full compensation for the provisions of work a listed above plus all other appurtenant or incidental work as required to properly complete the setup phase. 1.05 REMOVE PUMP, COLUMN PIPE, WELLHEAD, TRANSDUCER (BID ITEM NO.4) A. Measurement and payment will be for the removal of the pump, column pipe and wellhead from each well and the transducer from the monitoring tube. Keep these protected 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 price will constitute full compensation for providing all material, labor, equipment and Incidentals required to properly perform the removal of the pump, column pipe, wellhead and transducer from this well. 1.06 ROTARY BRUSH CLEANING EXISTING WELL CASING AND SCREEN (BID ITEM NO. 5) 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 setup of equipment shall be included in the hourly rate for brushing of the well casing and screening. 4/29/16 01025 275-050.GE 2 MEASUREMENT AND PAYMENT B. The payment will be made at the contract unit price named which price will constitute full compensation for providing all material, labor, equipment and incidentals required to property perform rotary brush cleaning for this well. 1.07 ACiDiZE EXISTING WELL SCREEN WITH SULFAMIC ACID (BID ITEM NO. 6) A. Measurement for payment for acidization of the well screen with 20% sulfamic acid shall be the total cost for providing the acid, mixing the acid, and pumping 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 price will constitute full compensation for providing all material, labor, equipment and incidentals required to properly perform acidization for this well. 1.08 AIR SURGING (BiD ITEM NO. 7) A. Measurement for payment for surging the well will be based upon the actual number of hours the well is surged exclusive of setup and takedown 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 will constitute full compensation for providing all materials, labor, equipment, and incidentals required to properly perform the surging of the well. Set up of the equipment required to complete this task shall be included in the hourly rate. 1.09 FURNISH AND INSTALL TEMPORARY LAP PIPE OVER SCREEN (BID ITEM NO. 8) A. Measurement for payment for the installation of a temporary lap pipe shall be based upon 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 price will constitute full compensation for providing all material, labor, equipment and incidentals required to properly install the temporary lap pipe. 1.10 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. All in ,accordance with the requirements of the Contract Documents. B. Payment for gravel pack 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 supply and install the gravel pack material for this well rehabilitation. 1.11 AIR DEVELOPMENT WELL, COMPLETE (BID ITEM NO. 10) A. Measurement for payment for air development of the well shall be based upon the hours of redevelopment completed exclusive of setup and takedown of equipment. The cost of setup of equipment shall be included in the hourly rate for well development. 4/29/16 01025 275-050,GE 3 MEASUREMENT AND PAYMENT 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 development of this well. 1.12 REMOVE EXCESS GRAVEL PACK AND LAP PIPE (BID ITEM NO. 11) A. Measurement for payment for removal of gravel pack and lap pipe shall be based upon the completion of the removal of the gravel pack and lap pipe upon completion of air development. B. Payment will be made at the contract lump sum price named. This price will constitute full compensation for providing all material, labor, equipment and incidentals required to properly remove the gravel 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. 12) A. Measurement for payment for pump development, step drawdown test and sand test shall 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 wiil constitute full compensation for providing all material, labor, equipment and incidentals required to properly perform the television video survey of this well. 1.15 SUPER 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. B. 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 10 FEET COLUMN PIPE (BID ITEM NO. 15) A. Measurement for payment for adding up to 10 feet of column pipe and a new power cable, complete, for this well. 4/29/16 01025 275-050.GE 4 MEASUREMENT AND PAYMENT 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 PUMP, 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 full compensation for providing all materials, labor, equipment and incidentals required to properly install pump, column, wellhead, transducer, and make all the piping and electrical connections for the proper functioning of this well system. 1.18 POST MICROBIOLOGICAL ANALYSIS (BID ITEM NO. 17) A. Measurement for payment for biological analysis shall be based upon the successful completion of post microbiological analysis of the rehabilitated well. B. Payment for the microbiological analysis 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 successfully perform the microbiological analysis for this rehabilitated well. There will be a total of ten 0 0) coliform tests required plus the first test shall include bacterial identification, HPC, fecal collform, total coliform, fungal count, and algae tests. All analysis to be done by Micrim Labs. 1.19 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. END OF SECTION 4/29/16 275-050.GE 5 MEASUREMENT AND PAYMENT SECTION 02730 WATER SUPPLY WELL REHABILITATION PART 1 GENERAL 1.01 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 vary from 16-inch steel casings to 24-inch PVC casing from 50 to 90 feet deep and screens are typically 12-inch telescoping stainless steel screens 40 to 60 feet 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. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING THE REQUIRED OSHA PERSONNEL PROTECTIVE GEAR TO PROTECT ITS WORKERS, PREVENTING SPILLS, AND MUST HAVE THE APPROPRIATE EQUIPMENT TO CLEAN UP ANY SPILLS. 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 EXECUTION 3.01 REMOVE PUMP, COLUMN PIPE, WELLHEAD AND TRANSDUCER A. Remove the pump, column pipe, wellhead and transducer and store at the water plant or at the well site, off of the 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 segments or over the entire column length, if possible. This action should be performed several times while pumping with a 2-inch CONTRACTOR's pump 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 action should be performed several times while pumping with a 2-inch CONTRACTOR's pump to remove some of the debris removed from the screen. 4/29/16 02730 275-050.GE 1 WATER SUPPLY WELL REHABILITATION 3.03 ACIDIZE WELL A. Make 3,000 gallons of 20% sulfamic acid solution and place into the well at the top of the screen. This will require 2,000 pounds of dry sulfamic acid, 99.9% 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 500 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. 3.04 AiR SURGE WELL A. Once the acid has been placed in the well, the CONTRACTOR will need to install a flange 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 same 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 48 hours. 3.05 FURNISH AND INSTALL TEMPORARY LAP PIPE OVER SCREEN AND 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. B. The CONTRACTOR is then to maintain at least 10 cubic feet of gravel pack in the annular space between the temporary lap pipe and the well casing. 3.06 WELL DEVELOPMENT A. The CONTRACTOR shall actively develop the well by surging with compressed air using an air compressor capable of developing 750 SCFM 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 5- foot increments toward the bottom of the screen. Each 5-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 pack 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. 4/29/16 275-050.GE 2 WATER SUPPLY WELL REHABILITATION 3.08 PERFORM POST PUMP DEVELOPMENT, STEP DRAWDOWN AND SAND TEST A. Upon completion of the air development, the well shall be pumped, using the CONTRACTOR's pump, developed for 3 hours using a pump capable of pumping at a 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 drawdown tests, and sand production tests shall 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 CONTRACTOR's pump has been 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 by pumping or air lifting. 3.10 SUPER CHLORINATE WELL A. The well shall be chlorinated with 6,000 mg/L of sodium hypochlorite. This will be a total of 350 gallons of sodium hypochlorite mixed in 2,500 gallons of water. This solution shall be placed at the top of the screen and 1/4 at the top of the casing. Twenty gallons shall be placed at the top of the monitoring tube. After the chlorine has sat 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. 3.11 REINSTALL WELL PUMP AND TRANSDUCER A. Reinstall the CITY's pump, motor and column pipe in the well and complete piping and electrical connections. Remember, all materials entering the well must be properly cleaned and disinfected on the inside and outside with a 12% solution of sodium hypochlorite. Add the necessary amount of column pipe and motor power cable to put the bottom of the motor at the top 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 coliform count, fungal identification, and algal tests. The next 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 CONTRACTOR's expenses. 4/29/16 02730 275-050.GE 3 WATER SUPPLY WELL REHABILITATION C. Once the test results of the bacteriological tests are clear, the well can then be placed back into service. END OF SECTION 4129/16 275-050.GE 4 WATER SUPPLY WELL REHABILITATION No Text M1 BID FORM FOR WAT$R SUPPLY WELL REHABILITATION SERVICES BIB NO.16-B-062F SUBMITTED TO: City of Coral Sprijgs 9551©Vest Sample Road Coral Springs, Florida 33065 The "dersigned Bidder PrOPoses and agrees, ifflm Bid is acted, to enter into as Agreement with CITY to perform all work as specified in the Bid DoeuacenU for the price(s) and within the time iodic aW in this Bid, and in accordance with the terms and conditions of the Bid Documents. 2. Bidder accepts and hereby incorporates by refierence in this Bid Form all of the terns and conditions of the Invitation to Bid and fimuuWons to Bidders, iaaluding without limitation those pertaining to the disgositi<n of Bid Security. 3. Bidder has examined the site of the project and has become fully informed eomeming the local conditions, and nature and extent of wo& Bidder has examined the WAMMficabon and liquidated damages provisions, if any, and the bond and insurance its of the bid, and accepts and agrees to abide by those terms and conditions without exception or limitation of any kind. 4. Bidder has given the Purchasing Admi Amtor wntten notice of all conflicts, errors or discrepancies that it has discovered in the Bid and/or Contract documents and the written resolution thereof by the Pvvhasing Administrator is acceptable to Bidder. 5. Bidder proposes to furmh all labor, vnateriais, Nx mPment, fiery, tools, boon, supplies, services, and supeaviman for the work described as follows. WATER SUPPLY j-t_.REHAB1LlTATlO1 SERVICES b. Bidder wdl complete the work for the followimg prizre(s): See Exhibit "A" T GENERAL WORMATION CONCERNING THE USE OF A MISCEI LANEp(JS WpRK AI,L,nWANCE A miscellaneous wort allowance is a dollar amount added as a line item on the bid form. This amount will only be used to cover the cost of any unforeseen conditions that may occur during the project and will require a change oar. This muwellaneous work allowance will not be paid to the successful for as part of the bid submittal Examples of the miscellaneous work allowance being used due to unforeseen con iticns would be replacement of deteriorated piping; or additional labor and materials needed to drill a well deeper than specified, or repjacemmt of leaking valves. Page 1 of 4 LIU All work using the miscellaneous work allowance must be approved by the City WateeWasiewater Engineer, and the Public Works -Utilities Division before any additional work will be started. &. The undersigned Bidder will extend the sane prices, teams and conditions to other 49Dvemment agmeies located in the State of Florida during period covered by this contract and any extensions, if required, Yes No 9. Acknowledgement is hereby made of he following Addenda (identified by number) received since issuance ofthe Invitation to Bid: - Addendum No. l Date 5 to Agendum No._ �s Date (o b / I L t,0 Addendum No. Date 10. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW THE INSURANCE COVERAGE REQUIREMENTS CONTAINED IN THE INSTRUCTIONS TO BIDDERS PRIOR TO SUBMITTING YOUR BID TO ENSURE COMPL.iANCE WITH ALL INSURANCE REQUIREMENTS. 11. The CITY reserves the right to award this contract on the basis of any combination of the above items, or all items, in which the CITY deems in its best interests. 12. Communications concerning this Bid shall be addressed to: Name: 1'�re Yih vnG Tvkr-ksovm Agrees: Cl la Wes,\palm_ L. 33�1oG Telephone No.: C-) LA {n 1 5 — Q (� % �s_ Fax No.. -5(n �A 01 - S \ d ~% 13. The following doh are attached to and made as a condition to this Bid: (a) Bid Form and Bidder's certificaflon (b) Certified resolution (corporation, partnerships) (c) C crtificate(s) of insurance (d) Nan -collusive affidavit (e) Biddefs qualification statement (f) Bidder's Foreign (Non -Florida) corporate statement (g) References (h) KeY Subcontractor Listing Page 2 of 4 BIDDER'S C �T�ICATION WHEN B DBR IS AN 1ND UAL Ia witQess whecwt the Bidder has executed this Bid Fawn this �- day f Lt a -g_ BIT �SFgnahue of itle Printed Name of Mn i" AMNOWL DGEMENT y b ent was acknowledged before me this day of R�e 2()I � 'odnced who is y know" to M or who has as identification and who d "ot) take as oath. WffNESS my hand and official seal. 1CM REDERER MY COMMISSION J FF 9=70 EXPIRES: November 11, 2019 Bonded Thnt ft" Pudic Undw"IM (Name of Notary fic; P� Sip of tPe as issionW) Page 3 of 4 BIDDER'S CERTIRCATION IP- : !! :!• 1. 3 • .. 9 M / ►- Ali• ►. 1witnesswhavottheBidder has executed flus Bid Form di.: dayof t S-i � .. /- C,eY) -eelI oc i\Vnc, , I:nC Printed. Name of (jorporation, Ili Pa tnership, Firm Y.) S Printed Name of Owner ' Wqto o lA O Y-e�fh b&ems I�A 3G Business Addrew Wesk P m Bmcb, AFL . 33 Lko a City/Stah-mp (.No,) c) 15 O CC g Business Phone Number T1re foregoing hy' was acknowledged before me this �_ da�of 201U (Name), t�S+fl ('Title) of (Name of Company) who " known to me or who has produced as identification and wtio did (di not) take an oath. WUNESS my hand and of kW seal. JDLA%MFMBO W COMMSSKM MSM EXPIRES: Nwomber 11, 2019 A, I TMu N"V Public UndarnIms (Name of Notary Public: Print, Stamp, or type as Commissioned) Page 4 of 4 SECnom 00300 BID FORM Exiang Raw Water Su Weir Rehabliitatlon kWh WE!d on Unit Q�t ►. Unit Price TOW 1 Mobilization and Uemab�lization a- Getting to a Wei site in Coral Springs 1 LS $ 1 000. OD $ I �Y�tti O� -j-� The follawing items are for Individual wan $"a within the City: 2 Wbilon ant! �Tization a, Moving to a well site in Carat springs 1 LS $ Ob 3 a9etup and removal of equipment at a well 1 EA 4 tra Pump, column Pipe, wellhead, er 1 EA$ `? �� , t7� $ 5 Rotary brush clean existing wet cask9 and screen, complete 8 Hr $ ' .� $. 00 6 Addizs existing well screen With Sulfamic Acid, complete 2 EA $ 65CO.00 $ -��� 7 Alr Surging 8 Nr 8 Furnish and install temporary lap pipe over screen 1 LS $ 8 Add gravel to Well 50 CF $_30 .C)) $ 10 11 Air develop well 00 Remove excess gravel Pack and lap pipe 1 LS 12 Pertorrn poet pump amlest dtest o me Step d, and sand on well 8 Hr $ ao. 00 $� C) 13 Pre and Past Television Video Survey of well 1 LS $ i bo .t� $ 14 Super ChloNnatbn LS $ 400•tco $ 16 Add 10-feet column pipe 1 LS $359!�'_00 $ 1t3 Rekvftil We[ Pump, Column Pipe & Trans 1 LS .00 $ Q— 00' � $ 900. (:)o 17 18 Pre and Post microbiologlcal analysis 1 LS $ $ 19 Projed Allowance SUBTOTAL ITEMS 2-18 LS $ 2,000.00 2 000.00 TOTAL ITEM 1 + ($X nXM 19) $ 1((• 00 412WI8 275-050.GE E 00300 BID FORM OUALLWICATION STATEMENT The undearaigried certifies under oath the troth and correctness of all statements and of all answer to questions made hereinafter SUBMITTED TO: City of Coral Spnngs (Purchasing Administrator) ADDRESS: 9551 West Sample Road Coral Springs, Florida 33065 Patiersbip it 1 TELEPHONE NO. 5 (O k— G 1 b— O a FAX NO. L- ` Va E-MAIL ADDRESS:C4r 1 �v e Ar',\yi Yt4 ($ CO 1M I . State the true, exact, cower and complete name of the partnership, corporation, trade or fictitious nunder which you do business and the address of rite place of business. The correct name of the Bidder is: ii`Yl ar 1 i t h rn�� in C- The address of the principal place of bush ws is: (o p ItA O lobe e 2. Tf Bidder is a corporation, answer the following. Date of Incorporation: 2-0 - 2,0 O O State of Presider Vice Pry Setxetax Treasur+ Page I of 5 9. Name and address of Resident A.g= 3. If Bidder is an individual or a partnership, answer the following: a. Date of organization: �,) I q b. Name, address and ownership units of all partners: State whether general or limited partnership: W I 4. If Bidder is other than an individual, corporation or parftwrship, describe the organization and give the name and address of principals: 5. If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Stage. 6. How many years has yum organization been m business raider its present business name? a. Linder what other forma names has your organization operated? �jl14 7. Indicate registration, license numbers or certificate numbers for the businesses or professions that are the subject of this Bid. Please attach certificate of competency an&Or state registration. _1113A - c Co n4-rn c4:er Pap 2 of 5 8. Do you h ,gve a complete set of documents, including drawings and addenda? 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why? 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necesmy). K5r ) N. Servic 11. State the name of the individual who will have personal s4xrvision of the work: 1n 12. Within the last five (5) years, has any officer or partner of your arganization ever been an Offim or partner of another organization when it failed to complete a contract? If so, explain folly. 13_ State the name and address of attorney, if any, for the business of the Offeror; Page 3 of 5 14. State the names and addresses of all businesses and/or individuals who own an intet of m e a " t (5%) of the Biddees busing and indicate the p awned of such business andlor individual: ut-C. 15. State the names, addresses and the type of business of all finis that are partially or wholly owned by Bidder Page 4 of 5 THE BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH MORMATION IS WARRANTED BY BIDDER TO BE TRUE, THIS DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE BIDDER'S QUALiFiCA'i`IONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE BID, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT, The foregoing instmument was acknowledged before me this Dr day of , 2Q�.by _Q . of c'thEC1i�_e �iaadUon y�ownto me or who has produced as idcad who did (did not) take an oath WrrNESS my hand and of oral scal. jam MY OOIIMSSION t FF 9�5b10 " EXPIRES: Novem6or t1, 2019 Bm ded ilw MANY PL#* U@ftw E rs {Name of Notary Public: Prins, Stamp, ar type as Commissioned) Page 5 of 5 In order to receive Bid Award consideration an the proposed bid, it is a rat that the Sheet" be completed —A returned with your bid This infiormatian may be used m debwoming the Bid Award far this contract ■ ..r «t fi f : f Telephone '(_Contact perwnM.-kin Title: Number of Yews in bminess: ____ _1 , Address of nearest last three (3) cxfmPaaies or governments) age=es whm dme prodWts sad se111oes have been provided in the last two years: 2. - -►lir- i _ � _'1r ulr:rr ' :t1 r,� �► f1 '� ii r•• _ f �1Fa• is �'" � fur .rr f!' L� _ s � � 1, r • I_ 5W KEY SUBCONTRACTOR LISTING 1 The Bidder proposes flat one (1) of the Moving subcontracting firm or +os in each catrgory w9l bo awarded mbeaubscm for the hollowing kry poruoffi of the work i m the evemt ibe C u racior is awarded the Comftuct If a mkoontractor o thw gm chose listed is propow d for use of m Award of Contract, the City rescrm fhe right of approve prior to commencing WOdL Key Subcontractor Lasting to be m*mt t d within ftm (3) wodmg days of bid opcmg datieOmmmmof any of the above iteams may be cause for disqualifi on of a fum's bid 1. \\ M 3. 4. (Portion of W } (N me of Su r) (Address) (Phone No.) (Name of Subcatttract�or)',` (Address) (Phi No.) (Portion of Work) (Name of Subcontractor) (Address) (Phone No.) (Name of Subcontractor) (mess) (Phone No.) (Portion of Rork) (Name of Subcontractor) (Address) (Phone No.) (Name of Subcontract") (Address) {Phone No.) (Portion of Work) (Name of Subc W) (Address) (Phone No_) (Name of Subcoz=Wr) (Address) (I'� No.) Page I of I FO GN (N©N-FLORIDA TIONS MUST CC1 LtlETE TJ_17S FORM DEPAR1MI11'f OF STATE CORPORATE CHARTER NO. Q}` ° osempt foram the requhiineigg of Section 60 7.1501, Mcmi& 3 , YOU MUS �Pft. Please mart the Departme t of State, Division of CIdEC'$ BlZC1W the With won or � at (M) 245-6051€or amistaum 607.1501 Auffionly of AreMM coqamhm to tumid bUsmess wired_ (1) may not tract busmm iri this Mejeit obtaras a o�ftcate ofatity from the of state. , (2) Tire folb ag� awns otbem do tort cue 8 busi>s within the meaning of tsubsection (l ): @? H deknft , or settling any pr°�1g. meetings of the board of directors or giareholdeas or carrying on odw acdviitke Donoar (c) MlIftnining bwk wzouata. Maintritdog oi$cera or agemcies for the irawfar, Owbange, and rq9bMIbM of the caaPuatioa�=s oWn w or ttt> or depositaries WA (e) Seffing &ro*, to those aecttrit , (1? Soliciting or obtaining orders, wbedw by mail or ffirough � Outside dug state befm m� agents, or ' if beg�3' bamnro ooatracts. (h) Creating or W&tec�, m0rt98M and security ktereft in real seclizing or c0 lecting debt& or edm'mng r gm and sectaity Mftu& is property seourmg the (i) Transacemg bins is i0tarstam commerce. V7 Conducting an i hUed twwwfion dial is completed wi dda 30 rimed traiactions of a 111M nature, days sad that is nrot me is the coarse of ) Owning and comma state or voting &e smock of gray n� it Tporefion'rjCoTP` vv d in Or buses � dzis hu y acq}u a h lm ged party m c � w a dug smote; pmtna. Pis dutim ofa (m) wWWW more, real or personal property. (3) "to list of aati4dit in MbWcfiM (2) is not �. (4) T bis seakion hell no application to the queue ofvAw&er MW lour+ W in WE state wider any law of this state. c04°rabon'ssubject to scrvioa ofpmceaa and suit Please check one of the Ealkywmg if your f irmis N e m Patiers*. Joint Vague., e., Fro or Trust Sole PfPPriEt0=* ar Self -&alloyed NOTE : "d be Makwed with ymr bid if you claim an memptiori orcheck I or 11 have c I \ ' q' fry w� a and subject tO all r 'Haled bra above. ff you do > BIDDER'S CORRECT LEGAL FLAME \ SIGNATURE F AUTHORTT.r.'T] A h GENT OF BIDD :1. ul I':Yah,n (Nam), the duly elected Secretary of 4 (Coe Tim), a corporation organized and existing wader the laws of the State of r-1 U'r ► CK , do hereby catify that the followmg Res hftm was MBMM013SIY adopted and passed by a quorum of the Board of Directors of the Said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT TS Y RESOLVED THAT JC*W) aa(Name)" The duly elected �; (Title of Officer) of t l i n (CorpvraieTitle) be and is hereby authorized to execute and submit a Bid and. Bid Bond, if such bonn required, to fhe City of Coral Springs and such other instruments m writing as maybe necessaryon behalfof the said corporation; and that the Bid, Bid Bond, and other such inserts signed by himlher shall be binding upon the said corporation as its own acts and deeds. The secretary shall Mfg the names and signatures of those authorized to act by the foregoing resolution. The City of Coral Springs shall be fully protected in relying upon such ccrtificahm ofthe secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring; the signature of any Person so certified or for refusing to honor any sienature not so certified. I furffia certify that the above resolution is in force and effect and has not been revised, revoked or rew ncied- I faflum certify that the foilowing are the mauve, titles and official s4pAau s of those gersom authorized to act by the foregoing resolution. NAME SIGNATURE `�lcc�� Vie. �ce� Pit Given wader my hand and the Seal of the said corporation this, _. v day of 201�„r (SEAL) sea Ind Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such fonn need not be followed explicitly, but the Certified Resolution submitted must clearly show tom s�nn O yf the City Of Coral by Springs that the person signing the Bid and Bid Boni for the the corporation to do so in its behalf. Page 1 of 1 NON -COLLUSIVE AFF7DAVTT T girt: "'"`"g f Zst duly Swop: deposes an -YY (1) Helshee is the r �den f Officer, Representative or Agent) of (fined, Fartaer, the Bidder that has submitted the attached Bid; (2) �He/she is fully infi�ned rig the preparation and contents of the d Bid and of pectrnmt stances respecting such Bid; (3) Such Bid is gearuine and is not a colluive or sham Bid; (4) Neither the said Bidder nor any of its officm, partners, own ers, agents, CMPIOYconnived or agreed, Peres in interest, including this a$iant, have in any way col �VeS, agreed, diractty or mdueWy, with any other Bidder, firm, or person to skit a collusive or sham Bid in connection with the Work for which the attached Bid has beer submetted; or to M&M fmm bidding in w on with such Work; or have in any MW W dh,,,Iy or imchrectly, sought by went or collusion,or ' with ray Bidder fain or communication, or confess s Pease to fix the price or prices m the attached Bid or of any other Bidder, or to f" any overhead, Profit, or Cost elements of the Bid price or the Bid price of any other Bedded, or to see.Ufe trough any collusion, conspiracy, connivance, or uWawfW t any advantage against 41910*m4 or anyperaou intmsted in theproposed Work; () ll pdce or P quoted in the attached Bid are fair and pepper and are not tainted oar conspiracy, connivance, or unlaw%u1 by �' other of its cm the part of the Bidder or any affiiant. 'rives, owners, employees or prides is interest, including this Page 1 of 2 Signed, sealed and delive-ed in the presence of 1-2 f " j___� f • �� • lOMIM-1�ew The foregoing instniment was acknowledged before ms this q day of -�Ufle— 201Le, by 1CUhnn 1 J e , whoiLRCMMbI=ntOmC or who has produced as identification and who did (did not) take as oath WITNESS my hand and official seat K--. IOM FEDERER MM MON t FF MM S: Novemer 11, 2019 hro WXY Pubk UndW"fW t (Name of Notary Public: Print, Stamp, or Type as Commissioned.) Page 2of2 STATE OF r LORIDA VATER WELL CCNTRAC . OR. LICE-ENSE Issued to John Swy License No-" "'20ol wv 11 1132, Expiresrt 311 DISTRICT CERTIFICA ION OFFICER""~ 0000008393 CENTERLINE DRILLING INC 1696 OKEECHOBEE RD # 3C WATERWELL DRILLING 28981 237110 WATER 8 SEWER LINE 8 RELATED STRUCTURES 88.81 88.81 " PAID 86.81 " GAL " 0.00 .4eoRn® CERTIFIII..,ATE OF LIABILITY INSVr .ANCE THIS CERTIFICATE IS O3UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RI(iHTB UPON THE CERTIFICAT5/24/2016 E HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CON EXTEND OR ALTER THE COVE AFFO REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER A CONTRACT BETWEEN THE ISSUING INSURER S THE POLICIES IMPORTANT: Mthe cv { )� UTltORIZEp rtNlalte holder is an ADDiTiONAL INSURED, the policy() must endorsed. E 8UB the bane and conditions of the policy, certain ROGATION IS WAIVED, smart certlRcate holder in lieu of such endonerrm Policies may require an endorsement, A ststement on this IxrtlScate does notto PRODUCER cors{er rights to the Ilackadar Insurance Agency, Inc. 436 N Ronald Reagan Blvd ongwood FL 32756 WAUM Centerline Drilling, Inc 1696 Old Okeechobee Rd Suite 3C West Palm Beach FL 33409 COVERAGES CENTDRI-01 CERTIFICATE NUMBER; . "I Ir1A1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR REVISION NUMBER: INDICATED. NOTVIRTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C CERTIFICATE MAYS ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIEOft S DESCRIBED HEREIN WITH SUBJECT TO POLICY PERIOD EXCLUSIONS AND CONDnTONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REpUOCOL ByrPAID E DOCUMENT WITH RESPECT TO WHICH THIS ut TYPE OF INSIARArICE _---ALL THE TERMS, 1MERCIAL GENERAL LIABILITY GAIhfB MADE F] OCCUR u"'L AWREGATATE LIMIT APPLIES PER: �� I LOC AUTOKO U.E LI R&M - ANY AUTO AUTOS Z6MULEO HIRED AUTOS X "O"'v"ED UMBRELLA U OCCUR E7tCESS LL4w -• --- AND EMPLOYERS' LWUd1Y ANY PROPRIETOWARTNOVEXFCUTIVE Y / N IM�0 N/A GLOO141374 802015 8/ MIG CA00217444 8/82015 8W2016 R ADV BODILY INJURY (Per pew? 80DILY INJURY (per acdd*M EL. D6eCltlPTlpN OF OIPERATNINa I LOCATIONS / VENICLES lfteoh ACORD 7e7, AddRlontl Re11 mrl�e Mwor� Orti8cate Holder is included as Additional Insured and Blanket Waiver of Su na I. ie auto when required by written contrail. Subrogation applies; with regard to General Liabll rtY of Coral Springs Is included as Additional Insured with ItY and business 0 days notice of cancellation, except 10 days for nonpaymeril General Liability and Auto Liability when required by written contract. City of Coral Springs 9551 West Sample Rd Coral Springs FL 33065 SHOULD HLD ANY OF THE ABOVE DesCRNI POLICIES BE CANTHE EXPIRATION DATE THEREOF, NOTICE 1MLL BEIN ACCORDANCE wITH THE POLICY PRovlsM& DELIVERED RITATIVE ACORD 25 (2010/05) 1v1938 2010 ACORD CORPORATION, A0 The ACORD name and logo are regls�n> d Marks of ACORD rights reserved, (NN DATE JODIy"m co A CERTIFICATE OF LIABILITY INSURANCE 5/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the cedMcate holder Is an ADDITIONAL INSURED, the Poiicy(las) must be endorsed ff SUBROGATION IS WAIVED, subject to the terrrls and condMons of the policy, certain pollcies may require an mWomermnIL A staterwrit on this cer0caba does not confer rights to the ate holder in lieu of such anctoraeme s PRODUCER Btackadar insurance Agency, Inc. 1436 N Ronald Reagan Blvd I enawood FL 32750 MURED CENTORI-01 Centerline Drilling, Inc 1696 Old Okeechobee Rd tea' "SUaERo: NSURERE: Sulte 3C West Palm Beach FL 33409 10Sl1RERF: REVISION NUMBER: COVERAGES ern I irwn I c ,......... v I ww. - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED ED 13Y PAID CLAIMS. MCOMPIOP YTs NOR ME OF NSURANCE CY A GENERAL LIABILITY GLW141374 a1 mi s 8/g:2016 CE 81 000 000 $100,00000MMERCIAL GENERAL LIABILITYCUIMS-MADE � OCCUR a nw S5 000V INJURY $1 000 000EGATE S2 000 000MPIOPAGG $2,0D0,000 GEWL AGGREGATE LIMIT �1 POLICY X PRO- AUrONOD" LIABNJTY IAUTO WNED S D AUTOS X RBLA LIAe � LIAR RETEM WORKERS CoMpENSATI AND EMPLOYERS' LIMB ANY PROPRIETUWART14 OFFICERAIEWER MargigWY In NH) CLl F Yea, deeffte PER: SCHEDULED AUTOS NON-OIM4ED AUTOS OCCUR YIN ❑ NIA CA0021T444 sf&2015 8/8=19 3 BODILY INJURY (Par PKW) $ BODILY INJURY (Pa' scdd w* E [ Pa R D E r Soo e S EACH OCCURRENCE IS E.L Sffl DESCRIPTION OF OPMATTONS I LOCATIONS I VEMCLEs NYle aA ACORD 101, Addtlonel ROW" ftbKb , ft more Sped Y r*"r* ; ertiflcate Holder Is included as Additional Insured and Blanket Waiver of Subrogation applies; with regard to General Uability and Business kuto when required by written contrad• corm itY of Coral Springs Is Included as Additonal Insured with respect to General Liability and Auto Liability when required by written CANCELLED BEFORE T�THE ABOVE DE1 uEIOPWA IANY CON DATE THEREOF, NOTICE NULTHE ABOVE DESCRIBED POLICIES L BE DELIVEREDD City of Coral Springs ACCORDANCEVI11M THE POLICY PROVISIONS. 9551 West Sample Rd Cores Springs FL 33065 JjA1UMTV0RM== E584TAME ®leas-2010 ACORD CORPORATION. All rights resOm ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD r CORAL SP RINGS EVERYTHING UNDER THE SUN - NOTICE OF AWARD Dated December 9 2013 TO: (Bidder - Use Full Name) (Street Address) (Town, State, Zip Code) DESCRIPTION OF WORK: You are notified that your Bid dated -&r the move work has been awarded by the Coral Springs City Commission on The Contract price is, Dollars ($ 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 follo apply: wing instructions Where the Contractor is a Corporation, the Agreement and any Bonds must be executed is by the President or the Chairman of the Board of the Corporation. The Agreement, or Bond, accompanied by a statement certified by a Secretary of the Corporation. The signatures is of the persons executing the Bond on behalf of the Principal and of the surety, shall each be dated on the signature line. If the Bond is executed by an Attornrespectively, for the Surety, the accompanmust ying e authority to do so is plainlyentified on thefaceof the Power ofAttorn ed y persons whose e3'. CITY OF CORAL SPRINGS, FLORIDA • FINANCIAL SERVICES DEPARTMENT • PURCHASING DIVISION 9551 W. Sample Rood • Coral Springs, FL 33065 • CoralSpdngs.org Phone 954-344-1 100 • Fax 954-344-1 186 Page 1 of 2 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. Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document_ The Secretary, or other properly authorized Officer, must certify and seal a statement declaring that 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 must name the OWNER (City of Coral 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 by restricted amendment before the expiration date thereof, the issuing Company will give thirty (30) days written notice to the below named certificate holder". Failure to comply with these conditions within the time specified will entitle the City to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within twenty (20) days after you comply with the above conditions, the City will return to you one fully signed counterpart of the Contract Documents. If you have any questions, or if we can be of any fiuther assistance, please do not hesitate to contact the Purchasing Division office at (954) 344-1100. Angelo Salomone, Purchasing Administrator Page 2 of 2 NOTICE TO PROCEED Dated TO: (Bidder) PROJECT NO: PROJECT: OWNER'S CONTRACT NO: CONTRACT FOR: 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 performing the work and your other obligations under the Contract Documents. The date of Substantial Completion is set forth in the Contract; it is after Substantial Completion. 20—. The date of Final Completion is thirty (30) calendar days Work at the site must be started by 20�, as indicated in the Contract Documents. LM (Owner) (Authorized Signature) (Title) Page 1 of 1 CONSTRUCTION SERVICES GENERAL CONDITIONS ARTICLE 1- DEFINITIONS Wherever used in these Construction Services General Conditions or in the other Contract Documents 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 clarify, correct or change the bidding Documents or the Contract Documents. Agreement - 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 Application for Payment - 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 firm 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. Change Order - A document recommended by Contractor, PROJECT MANAGER, or Owner which is signed by CONTRACTOR, PROJECT MANAGER, ARCHITECT, and OWNER 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. Page 1 of 43 Doc. 130682 CONTRACTOR - The person, firm 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 recommendation of final payment. Dr_ - The drawings which show the character and scope of the Work to be performed and which have been prepared by the ARCHITECT and are referred to in the Contract Documents. Field - A written order issued by PROJECT MANAGER which orders minor changes in the Work but which does not involve a change in the Contract Price 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 written notice given by OWNER to CONTRACTOR (with a copy to PROJECT MANAGER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S 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 Coral 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 Manager 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 Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some pag ortion of the and all Work and other illustrations, brochures, standard schedules, performance charts instructions di information prepared by a Supplier and submitted by CONTRACTOR to illustrmaterial or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. Doc.130682 Page 2 of 43 Subcontractor - An individual, firm 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. Supplier - A manufacturer, fabricator, supplier, distributor, materialrnan or vendor. Underground Facilities - 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 systems on or contiguous to the worksite. Work - The entire completed construction or the various separately identifiable parts thereof required to be famished under the Contract Documents. Work is the result of performing services, fizrnishing labor and furnishing 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 pricing page. These 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 Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by PROJECT MANAGER 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 a 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 Documents, signed by OWNER 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 aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS 2.1 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 Page 3 of 43 Doc.130682 to furnish in accordance with this Contract must be provided to OWNER within fifteen (15) days after issuance of Notice of Award. 2.2 Commencement of Contract Time; Notice to Proceed: The Work shall commence 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 rum. OWNER shall furnish to CONTRACTOR up to two (2) copies of the Contract Documents. Additional copies will be famished upon request, at the cost of reproduction. 2.3 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 Working understanding among the parties as to the Work. 2.4 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 Working 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 MANAGER'S OR ARCHITECT'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 DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Entire Agreement: The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning 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 State of Florida Page 4 of 43 Doc. 130682 3.2 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 as being required to produce the intended result will be supplied whether or not specifically called for. When words 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 meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws 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 Conflict, Error or Discrepancy: If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, interpretations will be based on the following priorities: 1. Change Orders. 2. The Contract and the Exhibits thereto. 3. Addenda, with those of later date having precedence over those of earlier date. 4. The General Conditions of the Contract for Construction 5. Division 1 of the Specifications. 6. Drawings and Divisions 2-49 of the Specifications 7. Other documents specifically enumerated in the Agreement as part of the Contract Documents. 8. 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: 3.4.1 A Change Order, or 3.4.2 A formal written amendment. 3.5 Supplements, Minor Variations or Deviations: Doc. 130682 Page 5 of 43 In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.5.1 ARCHrrECT'S approval of a Shop Drawing or sample; or 3.5.2 PROJECT MANAGER' S written interpretation or clarification. 3.5.3 A field order. 3.6 Reuse of Documents: Neither CONTRACTOR nor any subcontractors or Supplier or other person or organization 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 ared by or bearing the seal of the ARCHITECT; and they shallnotre s any f thempies of any thereof)pon extensions Of the Project or any other project without written consent of OWNER. POINTS 4.1 Availability of Lands: OWNER 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 liabilityto O additional lands and access thereto that may be required fotemporary WNER any and all facilities or storage of materials and equipment. CONTRACTOR shall construction 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 Shown 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 furnished to OWNER or ARCHITECT the owners of such Unby derground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.2.1.1 OWNER and ARCHITECT shy not be responsible for the accuracy or completeness of any such information or data; and Doc. 130682 Page 6 of 43 4.2.1.2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating 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 repairing any damage thereto resulting from the work, the costs of all of which will be considered as having been included in the Contract Price. 4.2.2 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or 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 aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any work affected thereby (except in an emergency as permitted by paragraph 5.13), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ARCHITECT. ARCHITECT will promptly review the Underground Facility to 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 will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. CONTRACTOR shall be 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 therefore as provided in this Contract. 4.3 Reference Points: OWNER shall provide engineering surveys to establish reference points for construction which in PROJECT MANAGER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work to protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to PROJECT MANAGER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 - CONTRACTOR'S RESPONSIBILITIES 5.1 Supervision and Superintendence: Page 7 of 43 Aoo. 130682 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 finished Work complies accurately with the Contract Documents. 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 be 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 on behalf of CONTRACTOR. All communications given to the superintendent shall be 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 property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER'S written consent given after prior written notice to PROJECT MANAGER. 5.3.1 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. 5.3.2 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ARCHITECT, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind 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 as 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 to Page 8 of 43 Doc. ] 30682 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. 5.4 Substitutes or "Or Equal" Items 5.4.1 Whenever materials or equipment are specified or described in the Contract 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, function 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 ARCHITECT if sufficient information is submitted by CONTRACTOR to allow ARCHITECT to determine 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 ARCHITECT from anyone other than CONTRACTOR If CONTRACTOR wishes to frnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ARCHITECT for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that 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 CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct 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 in connection with the Work is subject to payment of any license 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 itemized estimate of all costs that will result directly 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 furnish at CONTRACTOR'S expense additional data about the proposed substitute. 5.4.2 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 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 Documents. 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. Doc. 130682 Page 9 of 43 5.4.3 ARCHITECT will be allowed a reasonable time within which to evaluate each Proposed substitute. ARCHITECT will be the sole judge of ac ceptab CT' and no substitute will be ordered, installed or utilized without ARCHITECT'S prior written ac ceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fumish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. 5.5 Concerning Subcontractors, Suppliers and Others: 5.5.1 CONTRACTOR shall be fully responsible to OWNER and ARCHTECT for all acts and omissions of the Subcontractors, Suppliers and other indirectly employed by his Subcontractors S persons directly or acts any of them may be liable and an othlerrs and of persons for whose Y Y 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 . Nothing in the Contract acts and omissions of persons directly employed by it Documents 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 OWNER or ARCHITECT to pay or to see to Subcontractor, Supplier or other perthe payment of any moneys due any such the or organization except as may otherwise be required by laws and regulations. 5.5.2 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 inventio design, process, product or device which is the subject of patent rights n, 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 b O reserves the right to waive as it deems appropriatey OWNER. OWNER fees related to this contract. However, all municipal permit and inspection pay all fees relative to re -inspections, as they OWNER behrequireall d from re atim t CONTRA CTOR to 5.8 Laws and Regulations: om. 130682 Page 10 of 43 5.8.1 CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Work. Neither OWNER nor PROJECT MANAGER or ARCHITECT shall be responsible for monitoring CONTRACTOR'S compliance with any laws and regulations. 5.8.2 If CONTRACTOR observes that the Specifications or Drawings are at variance with any laws or regulations, CONTRACTOR shall give ARCHITECT prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in Paragraph 3.4. If CONTRACTOR 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. 5.9 Taxes: 5.9.1 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 State of Florida and its political subdivisions which -are applicable during the performance of the Work. 5.10 Use of Premises: 5.10.1 CONTRACTOR shall 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 permitted by laws and regulations, rights -of -way, permits and easements and shall 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 any land or areas contiguous thereto, 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 CONTRACTOR'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 ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. Page 11 of 43 Doc. I30682 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. 5.11 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 written interpretations and clarifications in good order and annotated to show all changes made during construction These record Documents together with all approved samples and a count approved Shop erpart of 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. 5.12 Safety and Protection: 5.12.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work to prevent damage, injury or loss to all employees on the worksite and other persons and organizations 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 construction. Facilities not designated for removal, relocation or replacement in the course of 5.12.2 CONTRACTOR shall furnish watchmen,flagmen, warning signs, cones, barricades, flashing lights and other necessary safe in sient numb and at appropriate locations to protect and divert vehicular and ers pedc PProestrian traffic P from working areas closed to traffic, or to protect any new Work. Such watchmen and flagmen shall be furnished on a twenty-four (24) hour basis when conditions require. CONTRACTOR and all Subcontractors shall take all necessary Precautions to guard against and eliminate all possible fire hazards and prevent injury 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, flagmen, required fire extinguishing �' gr, watchmen, 8mshing 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 the site of the construction, without the express written approval of OWNER and PROJECT MANAGER. When the use of explosives is authorized by OWNER and PROJECT MANAGER, CONTRACTOR shall exercise the utmost care in handling and Lft. 1306K Page 12 of 43 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 furnish to OWNER, 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 all applicable laws and regulations of any 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 any property caused directly or indirectly by workers employed by and of them to perform 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 worksite 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: 5.13.1 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 OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give PROJECT MANAGER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If PROJECT MANAGER determines 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 through proper procedures to document the consequences of the changes or variations. 5.13.2 CONTRACTOR shall be required to remove all materials from the job site and 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, dams or other structures blocking drains in the Page 13 of 43 Doc. 130682 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 or l CONTRACTOR shall submit to ARCHITECT for review and approval i ans, accordance with the accepted schedule of Shop Drawing submissions or for other appropriate action if so, 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 Documents 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, specifiers performance and design materials and similar data to enable ARCHITECT to review the infomation 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 rct espeother thereto and reviewed or coordinated each Shop Drawing or sample with Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 5.14.4 At the time of each submission, CON i'RA(;1'OR shall give ARCHITECT specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, an cause a specific notation to be made on each Sho Drawin ing in addition, shall to ARCHITECT for review and approval of each such variation. Failure to�pOlttao such departures ut 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 disputes or disagreements with OWNER. No Work shall be delayed orepostponed Doc. 13002 Page 14 of 43 pending resolution of any disputes or disagreements, or as CONTRACTOR and OWNER may otherwise agree in writing. 5.16 Indemnification: 5.16.1 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 by laws and regulations, CONTRACTOR shall indemnify, save and hold harmless OWNER, its officers, agents and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the 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 be limited to claims, damages, losses and expenses arising out of or resulting from (a) any and all bodily injuries, sickness, death, disease; (b) injury 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 including patent defects; (f) the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by CONTRACTOR, his Subcontractors, agents, servants or employees; (g) the breach or alleged breach by CONTRACTOR of any term of the Contract, including the breach or alleged breach of any warranty or guarantee. 5.16.2 Patent and Copyright Indemnification: CONTRACTOR agrees to indemnify, save and hold harmless OWNER, 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 claims, fines, fees, royalties, or costs 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 infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. 5.16.3 CONTRACTOR shall pay all claims, losses, liens, settlements or judgments 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 attorneys fees and costs to defend all claims or suits in the name of OWNER when applicable. 5.16.4 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 under the indemnification agreement. Such indemnification shall not be limited to the Page 15 of 43 Doc. 130682 r� r` amount of comprehensive general liability insurance which CO required to obtain under the Contract. Nothing contained herein is intended ded nor CTORis shall it be construed to waive OWNERS rights and common law or Florida Statute 768.28 as amended from tiimmunities e t e time the obligation shall not be construed to negate, abridge, or OtherwiseThis right or obligation of indemnity which would otherwisreduce p� described in this Paragraph 5.16 and its subparts. 5.17 Liability for Use of Work for Intended Purposes: As an inducement for OWNER'S Commission to enter CONTRACTOR has representeden thisagreem like projects as described in these bid an expertise in the construction ofand completion of OWNER hired CO specs. In reliance upon those representations, NTRACTOR for specified construction services and documents. CONTRACTOR understands and agrees that OWNER intends to util negligent design, whethize said plans for the stated purposes and therefore CONTRACTOR shall be liable for any defective or jurisdiction. er patent or latent, as such may be found by a court of competent 5.18 Design Responsibilities: 5.18.1 CONTRACTOR shall determine the general scope, extent and char acter work. CONTRACTOR shall prepare preliminary design documents consisting of final design criteria, preliminary drawings, description of the work. CONTRACTOR shalloutline � b specifications and written documents o ARCHITECT for review and authorization to prohe pceedimin thary eesi design preparation. Upon written authorization frommal with the final design, CONTRACTOR shall ARCHITECT to e a, drawingsproceed specifications, technical criteria, written descriptions and fin design data � the same to ARCHITECT for approval prior work. All final design documents, Plans, tdsubmit commencing Construction of the reports, studies and other data prepared by CONTRACTOR shall bear the endorsement of a CONTRACTOR and duly registered in the a person sthe full employ of ppropriate professi onal category. 5.18.2 After ARCHITECT'S ac Of CO ceptance of the final design documents, the original set NTRACTOR'S drawings, tracings, plans and maps shall be 1 p provided to ARCHITECT along with one shall signify, () record set of full size prints. CONTRACTOR sheet of the record set,thatthe work shown onan endorsement the as appropriate) on every by CONTRACTOR. With the tracingsthe endorsed sheets was produced CONTRACTOR shall submit a and the record set of prints, computations shall be bound in an final l iet f format adesign n d b �• e (seal/signature as appropriate) by CONTRACTOR. U endorsed design documents, ARCHITECT shall issue a written authorization oocommf the en construction. DM. 130692 Page 16 of 43 5.18.3 Work Property of OWNER: All tracings, plans, specifications, maps and/or reports prepared or obtained under this agreement shall be considered works made for hire and shall become the property of OWNER without restriction or limitation on their use. 5.18.4 Performance Standards: All services shall be performed by CONTRACTOR to the satisfaction of ARCHITECT who, upon making a determination of acceptance or satisfaction shall utilize generally accepted engineering standards as well as the design criteria found in the Florida Departnaent of Transportation's, Broward County Engineering Division's and OWNER'S published and approved engineering 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: Trainin>;: CONTRACTOR shall provide OWNER with two (2) hard copies and one (1) electronic copy of operating, maintenance and training 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 6.1.1 OWNER reserves the right to award separate contracts for, or to perform 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 OWNER'S forces and Separate Contractors. 6.1.2 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 joint 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. By 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 and/or performed contemporaneously with the Work of this Contract, and (ii) result in delays in or disruptions to CONTRACTOR'S Work. 6.1.4 CONTRACTOR further agrees as follows: 6.1.4.1 The OWNER shall afford CONTRACTOR, Separate Contractors or OWNER forces reasonable opportunity for the introduction and storage of Page 17 of 43 Doc. 130682 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. 6.1.4..2 CONTRACTOR shall cooperate with Separate Contractors and OWNER on the project site and will do nothing to delay, hinder, disrupt, or interfere with the work of Separate Contractors or OWNER. 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 any Separate Contractor over how the work of the various trades should be coordinated, shall be promptly submitted by CONTRACTOR to the PROJECT MANAGER. CONTRACTOR agrees to cooperate with the development of, and to be bound by, any reasonable coordination plan directed by PROJECT 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 delays, hindrances, disruptions, and interferences result in CONTRACTOR 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 forth in these General Conditions. 6.1.4.3 CONTRACTOR agrees that its sole remedy for damage or loss, including delay damages, suffered as a result of actions by a Separate 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 fiuther 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 provided in this Article. 6.2 MUTUAL RESPONSIBiLTTY 6.2.1 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. Doc. 130682 Page 18 of 43 6.2.2 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 shall promptly report to PROJECT MANAGER apparent discrepancies or defects which render the other construction or operations unsuitable to 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 acknowledgment that the other construction or operations by OWNER or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between CONTRACTOR and Separate Contractors as to the responsibility under their respective contracts for maintaining 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 OWNER shall issue all communications to CONTRACTOR through PROJECT MANAGER. 7.2 OWNER shall famish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR pursuant to Article 13. 7.3 OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Article 4. Article 4 also refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site which are known and readily available to OWNER. 7.4 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 Page 19 of 43 Doc. 130682 8.1 OWNER'S Representative: PROJECT MANAGER will be OWNER'S representative durin and until final payment is due. The duties and responsibilities and the l�zmi�ons of authority of PROJECT MANAGER as OWNER'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER. 8.2 Visits to Site: PROJECT MANAGER 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 detenm nt in general, if the Work is proceeding in accordance with the Contract Documents. PROJECT MANAGER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will Contract Documents. On the basis of such visits conform to the and on -site inspections, PROJECT endeavor to MANAGER shall keep OWNER informed of the progress of the Work and shall guard OWNER against defects and deficiencies in the Work. 8.3 Technical Clarifications and Interpretations: ARCHITECT will issue with reasonable promptness such written 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 CONTRACTOR may make a claim therefor to the amount or extent thereof, ided in CONTRACTOR fail to request interpretation of tracL Should que tionab a items ithis n the Contract Documents neither OWNER nor ARCHITECT will thereafter entertain any excuse for failure to execute the Work in a satisfactory manner 8.4 Authorized Variations in Work: 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 OWNER, and also on CONTRACTOR who shall perform the Work involved promptly be bending on 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: Doc1306U Page 20 of 43 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. Claims, 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 funnishing of the Work 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 writing with a request for a formal decision in accordance with this Paragraph, which ARCHITECT will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ARCHITECT and OWNER promptly, but in no event later than three (3) days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ARCHITECT and OWNER within seven (7) calendar days after such occurrence unless ARCHITECT allows an additional period of time to ascertain more accurate 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 making or acceptance of final payment as provided in Paragraph 13.8) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 8.7 Limitations on ARCHITECT'S Responsibilities: 8.7.1 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 bier, or of an other person or acts or omissions Of CONTRACTOR or of any subcontractor, any pp Y organization performing or furnishing any of the Work. ARCHITECT shall not be responsible for safety measures on the project. This is the responsibility of the CONTRACTOR. ARTICLE 9 - CHANGES IN THE WORK Page 21 of 43 Doc. 130682 r 9.1 OWNER, without invalidating the A not materially alter the scope Agreement, may order changes in the work which do completion date. All such changes in the k shall be authorized r of the work Of the Agreement or the Any individual Change Order which decreases the cost of the workato�OWNder. increases the cost of the work by an amount not in excess of forty thousand and dollars or ($40,000.00) must be authorized and approved b xx/l00 Administrator prior to their issuance. Such authorization for Change Order approvals Psmg a cumulative limit of twenty percent (20%) t the originalhas individual Change Order which increases the cost of te rk t contract award amount. Any which exceeds forty thousand and xx/100 dollars ($40,000.00) OWNER h an amount submitted for approval after the cumulative twee o any Change Order must be formally authorized and approved b the Percent (20/o) limit has been reached, issuance and before wok may be Y WNER'S COmnussion Prior to their furtherance of such g Y gin. No claim against OWNER for extra work in obtained. Change Order shall be allowed unless prior approval has been 9.2 If OWNER and CONTRACTOR are unable to agree as to the extent if Time that should be allowed as a result increase or decrease in the Contract price or an extension or shortany, of an of a Work Directive shortening of the Contract made therefor as provided in Article 10 or Change, a claim may be Article 11. 9.3 CONTRACTOR shall not be entitled to an increase in the Con of the Contract Time with r tract Pace or an extension Contract Documents as amended, modified anod supplemented rk Performed aexcept in the case of an is not required by the emergency and except in the case of uncovering Work as those herein, situations are addressed 9.4 OWNER and CONTRACTOR shall execute amendments covering: aPPropriate change orders or written 9.4.1 Changes in the Work which are ordered by OWNER and/or are required to correct defective Work or caragrees 0 pursuant the Para 9.1, Y parties; and 9.4.2 Changes in the Contract Price or Contract Time which are parties. agreed to by the Provided that, in lieu of executing any such change order, from any such decision in accordance the an appeal may be taken Documents and applicable laws and re provisions of the Contract CONTRACTOR shall c gulations, but during any such appeal, carry on the Work and adhere to the progress schedule. Proposed change orders shall be Aprepared b CONTRACTOR on forms approved MANAGER PROJECT g Order submissions shall carry the signatures of the , ARCHITECT and CONTRACTOR and be submitted for approval in accordance with Article 9.1. DM. i30692 Page 22 of 43 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 Prices or Contract Time) is required by the provisions of any Bond to be given to a surety, giving of any Y notice shall be CONTRACTOR'S sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. ARTICLE 10 - CHANGE OF CONTRACT PRICE 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 shall be at his expense without change in the Contract Price. 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 (3) days after the occurrence of the event giving rise to the amount of the claim with supporting data to 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 claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 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. accordance with the require ments of Article 9.1, ley.l'. of a 10.3.2 In l jot �v arbt At'Jn i icy a��it��t � a� a�flt' Or 10.3.3 On the basis of the cost of the Work (determined as provided in Paragraphs 10.4 and 10.5) plus a CONTRACTOR'S Fee for overhead and profit (determined as provided in paragraphs 10.6 and 10.7). 10.4 Cost of the Work The term "Cost of the Work" means the sum 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 Page 23 of 43 Doc. 130682 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 10.5: 10.4.1 Payroll costs for employees in the direct employ of CONTRACTOR 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 working 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 furnished and incorporated in the work, including costs of transportation and storage thereof, and suppliers field services required in 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: 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 and 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 similar taxes related to the work and for which CONTRACTOR is liable, imposed by laws and regulations. 10.4.3.4 Royalty payments and fees for permits and licenses. 10.4.3.5 The cost of utilities, fuel and sanitary facilities at the site Doc. 1306V Page 24 of 43 r 10.4.3.6 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items 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 Work: The term cost of the work shall not include any of the following. 10.5.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting 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 administration 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. 10.5.2 Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. 10.5.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the work and charges against CONTRACTOR for delinquent payments. 10.5.4 Costs due to the negligence of CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 10.5.5 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 10.4. 10.6 CONTRACTOR'S Fee: CONTRACTOR'S fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 10.6.1 A mutually acceptable negotiated fee: 10.6.1.1 For costs incurred under Paragraphs 10.4.1 and 10.4.2, CONTRACTOR'S fee shall not exceed ten percent (10%). Page 25 of 43 Doc. 130682 10.6.1.2 No fee shall be payable on the basis of costs itemized under Paragraphs 10.4.3.1, 10.4.3.2, 10.4.3.3, 10.4.3.4, 10.4.3.5, 10.4.3.6, 10.4.3.7,10.5,10.5.1,10,5.2,10.5.3,10.5A,and 10.5.5. 10.6.1.3 The amount of edit to be allowed b CONTRACTOR OWNER for any such change which results in nt ecreaasinto cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR'S fee by an amount equal to ten percent (10%) for the net decrease. 10.6.1.4 When both additions and credits are involved in any one change the combined overhead and profit shall be figured net increase if any, however, profit will not paid onanyaswork not performed. 10.6.1.5 The CONTRACTOR's fee on Change Orders shall be as follows: (a) A mutually acceptable fixed fee, or if none 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 (10%). 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 effectively controlled b the CONTRACTOR, management, or is fee allowed on the subcontractor costs. In theeenere s more than l be one level of subcontractors such as second and third tier subcontractors, the sum of all of the markups for overhead and subcontractor's percentage profit shall not in the aggregate exceed twenty percent (20%). In no event she the total aggregate Percentage of markups for overhead and profit, as Provided for in this Article, exceed twenty five percent (25%). 10.7 Cost Breakdown Required: Whenever the cost of any work is to be determined CONTRACTOR will submit in a form acceptable top ARCHIursuant toTECT an it 1�0 z oedr cost breakdown together with supporting data. Doc.: 336fl2 Page 26 of 43 ARTICLE 11- CONTRACT TD1E 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, so OWNER can occupy or utilize the Work or designated portion thereof for the purposes for which it is intended. 11.3 Change of Contract Time: 11.3.1 All time limits stated in the Contract Documents are of the essence of the Agreement. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME 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, impact 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 OWNER or its agents. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions of prevailing in the area as defined by the average of the last ten (10) years 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 date, 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 date. The duties, obligations and warranties of the OWNER to the CONTRACTOR shall be consistent with and applicable only to the completion of the work and completion dates set forth in these Construction Services General Conditions. Page 27 of 43 Doc. 130682 11.3.3 The Contract Time may only be changed' by a change order or a amendment. Any claim for extension of time shall be made in wntte ARCHITECT not more than three (3) days after the detection or be wntmg too occurrence of the event giving rise to the delay and statingOng of the general nature o the claim; otherwise, it shall be waived. In the case of acontinuing delay onl f one claim is necessary. CONTRACTOR shall y d Probable effect of such delay on the progress of the Work.e estimate of the 11.4 Liquidated Damages: Upon failure of CONTRACTOR to complete the Work within the time completion, (plus approved extensions if an CO specified for final sum of Two Hundred dollars ($200) for each calendN�dC� t thes� ay to OWNER the of the Work is delayed beyond the time Y� completion completion, as fixed and aspecified in the Contract for substantial substantial completion, if CO agreed ACTORliquidated damages and not as a penalty an al er remainder of the Work within the Contract Time or aail a r refuses to complete the CONTRACTOR shall pay to OWNER the sum of One Hun pproved extension thereof, calendar day (plus approved extensions if any) after the time specified in tars he Con100) tract for final completion and readiness for final a and not as a Liquidated payment as fixed and agreed liquidated damages Penalty. Li dated damages are hereby fixed and a g Parties, recognizing the impossibility of preciselyascertainingupon between the that will be sustained by OWNER as a consequence of such delay and of both parties desiring to obviate any question of dispute concernin pies the cost and effect of the failure of CO 8 the amount to of said damages and Regardless of whether or not a single Contract is in olvcomplete the Contract on time. damages shall apply separately to each portion of the Woe above-stated whack aliquitimedated completion is given. OWNER shall have the right to deduct from and retain out oof f moneys which may be then due or which may become due and payable to CONTRACTOR, the amount of such liquidated damages and if the amount retained b OWNER is insufficient to pay in fiill such liquidated damages, the CONTRACTOR shall pay in full such liquidated damages. CONTRACTOR s reimbursing OWNER, in addition to li dated damages or Other shall be day for delay, for all costs of engineering, architectural fees, and ti Y damages for incurred in administeringthe co inspection and other costs construction of the project beyond the completion date specified or beyond an approved extension of time granted to CONTRACTOR whichever is later. 12 - 12.1 Warranty and Guarantee: 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 Dx.:30681 Page 28 of 43 not in place, may be rejected, corrected or accepted. CONTRACTOR warrants to OWNER that the consummation of the WoPro o°rconstitute a defaulContract t any ents will not result in the breach of any term Provisions indenture, mortgage, Contract, or agreement to which CONTRACTOR is a party. CONTRACTOR warrants that there has been no violation of copyrights or patent rights in connection with the Work of the Contract. 12.2 Access to Work: ARCHITECT, PROTECT MANAGER and other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests est ll have CONTRACTOR access to the Work at reasonable times for their observation, inspecting shall provide proper and safe conditions for such access. 12.3 Tests and Inspection: 12.3.1 CONTRACTOR shall give ARCHITECT, PROJECT MANAGER, or City Building Division Inspector timely notice of readiness of the Work for all required inspections, tests or approvals. 12.3.2 CONTRACTOR shall assume full responsibility, pay all costs in connection therewith and furnish ARCHITECT the required certificates of inspection, testing 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 written concurrence of ARCHITECT, it msust, tored requested by ARCHITECT, be uncovered for examinatishall on aan proper ACTOR'S at CONTRACTORS expense. Such uncovering RCHITECT timely notice of t CONT expense unless CONTRACTOR has given CONTRACTOR'S intention to cover the same no c ARCHITECT has not acted with reasonable promptness in response e. vals 12.3.4 Neither observations by ARCHITECTrobaligations by o others shall relieve CONTRACTOR from CONTRACTOR'S 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, CONTfRACTOR, at ARCHITECT'S request, shall uncover, expose or otherwise make available for Page 29 of 43 Doc. 1306V observation, inspection or testing as ARcHl,yEC r may require, the work in question, furnishing all necessary labor, mateyriathat portion of it is found that such work is defective, CONTRACTOR shall bear all direcctt,, indirect and consequential costs of such uncovering, exposure, observation , insp testing and of satisfactory reconstruction (including but not limited to cos aannd charges of engineers, architects, attorneys and other ofessional s) 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 found thereforeto as provided in the contract documents. 1f, however, such work is not be defective, CONTRACTOR shall be allowed an increase in the contract price or an extension of the contract time 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 OWNER 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 fiunish 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 OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of 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 date of completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee 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 OWNER'S written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with non -defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal Page 30 of 43 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 13.1 Schedule of Values: The schedule established as provided in Paragraph 2.4 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to 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 as 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 writing, 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 free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these Construction Services General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER'S interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 13.3 CONTRACTOR'S Warranty of Title: CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to OWNER 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) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment, or return the Application to CONTRACTOR indicating in writing ARCHITECT'S reksons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall make payment to Page 31 of 43 Doc. 130682 CONTRACTOR within thirty (30) calendar days after approval by the ARCHITECT of CONTRACTOR'S requisition for payment. 13.5 Grounds for Refusal: ARCHITECT may refuse to recommend the whole or any part of any payment if, in ARCHITECT'S opinion, it would be incorrect to make such representation to OWNER. 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: 13.5.1 The Work is defective, or completed Work has been damaged requiring correction or replacement. 13.5.2 The Contract Price has been reduced by Written Amendment or Change Order 13.5.3 Of ARCHITECT'S actual knowledge of the occurrence of any of the events outlined elsewhere in the Contract Documents that represent grounds for refusal of payment in whole or part. OWNER may refuse to make payment of the full amount recommended by ARCHITECT because claims have been made by OWNER on account of CONTRACTOR'S performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off 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. 13.7 Final Application for Payment: After CONTRACTOR has completed all such corrections to the satisfaction of ARCHITECT and OWNER and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record Documents 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 Doc. 130682 Page 32 of 43 to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish 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 might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If 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 indemnify OWNER against any lien. In addition, CONTRACTOR shall also 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-BUILTS". 13.8 Final Payment and Acceptance: 13.8.1 If, on the basis of ARCHITECT'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 Documents have been fulfilled, ARCHITECT will, within ten (10) days after receipt of the final Application for Payment, indicate in writing ARCHITECT'S recommendation of payment and present the Application to OWNER for payment. Thereupon ARCHITECT will give written 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 accompanying documentation, in appropriate form and substance, and with ARCHITECT'S recommendation and notice of acceptability, the amount recommended by ARCHITECT will become due and will be paid by OWNER to CONTRACTOR. 13.8.2 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ARCHITECT so confirms, OWNER 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 written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ARCHITECT with the Application for such Page 33 of 43 Doc. 130682 r Payment Such payment shall be made under the terms final Payment, except that it shall not constitute a waiver of claims. � dons governing 13.8.3 Any moneys not paid b OWNER WNER under this Contract shall not when claimed to be due to CONTRACTOR be subject to interest, including but not limited to Prejudgment interest. 13.9 CONTRACTOR'S Continuing Obligation: 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 to Contract Documents, nor an use or o CONTRACTOR under the Y ccupancy of the Work 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 or a notice of acceptability by ARCHITECT, nor any correction of defective Work b OWNER constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents, 13.10 Waiver of Claims: The acceptance of final payment shall constitute a waiver of all previously clai CONTRACTOR against OWNER other than those P Y made in writin Y unsettled as of the date of final payment. g andms stibll 13.11 OWNER May Suspend Work: OWNER may, at any time and without cause for a period of not more than ninety'suspend the Work or any portion thereof and ARCHITECT which will fix the ddate ono tice which Worlcg tin Cwil10NTRACTOR CONTRACTOR shall resume the Work on the date so fixed. CO be resumed. allowed an increase in the Contract Price or an extension of the Contract Time osr bo h directly attributable to any suspension if CONTRACTOR makes an a' therefor as provided in the Contract Documents. PProVed claim 13.12 OWNER May Terminate: Upon the occurrence of any one or more of the following events: 13.12.1 If CONTRACTOR commences a volun Bankruptcy Code as now or hereaftez'�eff a under any chapter of the takes any equivalent or similar action b �' or if CONTRACTOR ng a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. D. 130682 Page 34 of 43 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 filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency. 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 take charge of property of CONTRACTOR is for the ,purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR'S creditors. 13.12.5 If CONTRACTOR admits in writing an inability to pay its debts generally as they become due. 13.12.6 If CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled 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 ARCHITECT 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, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'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 finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Page 35 of 43 Doc. 130682 Work (including but not limited to fees and charges of engineers, essionals and court and arbitration architects, attorneys and other prof costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER 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 of OWNER against CONTRACTOR 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 (7) days written notice delivered by cerhtied mail 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 terminated for the convenience of OWNER, the notice of termination to CONTRACTOR must state that the Contract is being terminated for the convenience of the OWNER under the termination clause, the effective date of the termination and the extef tn Upon receipt of the notice of termination for convenience, COoermi Promptly discontinue all Work at the time and to the extent indicated on shall purchase tNTRACTOR nt ation. he notice of bcontractors and pase orders to the extent termination, terminate all outstanding Su that they relate to the terminated portion of the Contract, and refrain from placing further orders and subcontracts, except as they may be necessary, and complete any continued portions of the work. 13.14 Termination by CONTRACTOR: If the Work should be stopped under an order of any court of other public authority for a period of more than ninety (90) 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 writing reasons for non -approval of any application for payment within after it is submitted or if OWNER fails to pay CONTRACTOR within thirty (30) days after presentation b thirty (30) days Y ARCHITECT of any sum determined to be due, then CONTRACTOR may, upon ten (10) days written notice to OWNER and ARCHITECT stop Work or terminate 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 schedule and without delay during disputes and disagreements with OWNER. progress ARTICLE 14 - NOTICES & COMPUTATION OF TIME Doc. 130682 Page 36 of 43 14.1 Giving Notice: All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail, return receipt requested to the following: CONTRACTOR: The business address of CONTRACTOR is: as stated in contract OWNER: City of Coral Springs The business address of OWNER is: Coral Springs City Hall 9551 W. Sample Rd. Coral 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 first 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 of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. ARTICLE 15 — MISCELLANEOUS 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 injury 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 parties hereto, and, in particular but without limitation, the warranties, guaranties and obligations imposed upon CONTRACTOR and all of the rights and remedies available to OWNER 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 them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if Page 37 of 43 Doe. 130682 repeated specifically in the Contract Documents, and the survive final payment and provisions of this Paragraph will termination or completion of the Agreement. 15.3 CONTRACTOR shall not assign therein without OWNERS or transfer the Contract or its rights, title or interests CONTRACTOR Prior written approval. The obligations and ertaken Pursuant to the Contract shall not be delegated or assigned t any ther person or firm unless OWNER shall first consent in writing to of the terms of this Paragraph shall constitute a breach of Contract assignment. the CCViolation and the OWNER may, at its discretion, cancel the Contract Y CONTRACTOR interest of CONTRACTOR shall thereuponand all rights, title and Cease and terminate. 15.4 OWNER reserves the right to audit the records CONTRACTOR at any time during the performance to and term ofC�acProject) �d f of period of three (3) Years after completion and acceptance the or a OWNER, CONTRACTOR agrees to by OWNER. If required by public accountant selected b _submit to an R. audit by an independent certified CONTRACTOR inspect, examine and review the records of CO RACTORsa11 allow OWNER to normal business hours during the terns of the Contract at Y and all times during 15.5 Should any part, term or provision of the Contract Documents be b y the courts decided be invalid, illegal or in conflict with any law of this State, the validity of the rrema�o Portions or provisions shall not be affected thereby. g 15.6 The validity, construction and effect of the Contract Documents shall be governed laws of the State of Florida. Any claim, objection or dispute by the the Contract Documents shall be litigated in the SeventeenthJudicial Ci of the andterms o Broward County, Florida and the prevailing entitled to an award of ail reasonable attorneys fe s, interest and court coan esultan gstms incurred be such preven shall ailing party against the losing party including reasonable appellate attorneys fees, interest and taxable costs. y 15.7 CONTRACTOR understands, acknowledges and agree Pursuant to Section 119.0701, Florida Statutes, as amended from CONTRACTOR shall, following: time to time, do the 15.7.1 Keep and maintain public records that ordinarily and necessarily would be the Contract Documents required by OWNER is. order to perform the same service being rendered within 15.7.2 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 does not exceed the cost provided within Chapter 119, Florida Statutes, as amended from time to time, or as otherwise provided by law. 15.7.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. n« :,Wz Page 38 of 43 15.7.4 Meet all requirements for retaining public records and transfer, at no cost, to OWNER all public records in possession of CONTRACTOR duplicate t u�� on of records the Contract. Further, CONTRACTOR shall destroy ma py dup cafe u ublic records closure that are exempt or confidential and exempt must be rovided to OWNER in a requirements. All records stored electronically P format that is compatible with the then current OWNER computer systems. 15.7.5 CONTRACTOR understands, acknowledges and agrees that OWNER is required, pursuant to Section 119.0701, Florida Statutes, as amended from time to time, to ensure compliance with this section by enforcing the terms of this Article. As a result of the foregoing, any violation of this Article 15.7 shall be a material breach and the Contract may be terminated by OWNER without any penalty. 15.7.6 Prior to termination, OWNER shall give written notice to CONTRACTOR that CONTRACTOR is in violation ofthis section.this on CONTRACTOR shall have five (5) business days to cure a violation 15.7.7 Notwithstanding any other provisions in the Contract Documents 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 Article 15.7. ARTICLE 16 - BONDS AND INS iJRANCE 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 oast �s � authorized to performance bond and a payment bond, each written by a core 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 Stales as an acceptable surety on federal bonds in accordance with United States 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, 1978 (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 minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: Page 39 of 43 Doc. 130682 Financial Stability A Financial Size VIII Two (2) separate bonds are required and both must be approved by the City Commission. The penal sum 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 make payments to all persons who supply CONTRACTOR with labor, materials and supplies used directly or indirectly 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 sum provided in such bonds, together with interest at the maximum rate allowed by law; and that they shall indemnify and save and hold harmless OWNER 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 sum 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 five percent (25%) shall not be applicable. 16.3 Duty to Substitute Surety: If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of other applicable laws or regulations, CONTRACTOR shall within five (5) days thereafter substitute another bond and surety, both of which must be acceptable to OWNER. 16.4 INSURANCE 16.4.1 Bidders must 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 Doc. 130682 Page 40 of 43 COVERAGE AND THE OPERATIONS OF THE 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 (30) calendar days written notice has been given to OWNER by certified mail. 16.4.3 The Successful Bidder shall procure and maintain at its own expense and keep in effect during the full term of the Contract a policy or policies of insurance which must include the following coverage and minimum limits of liability: (a) Worker's Compensation Insurance for statutory obligations imposed 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 Homes Act. Employer's Liability Insurance shall be provided with a minimum of Two Hundred Thousand and xx/100 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 injury sustained by such employees in the course of their employment. (b) Comprehensive 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 following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence (c) Comprehensive General Liability with the following minimum limits of liability: $2,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence (d) CONTRACTOR shall provide Builder's 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 xx/100 dollars ($5,000.00) per claim. Page 41 of 43 Doc. 130682 r' Coverage shall specifically include the following with minimum 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 Property Damage; 5. Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract; and 6. Personal Injury coverage with employment contractual exclusions removed and deleted. 16.4.4 CONTRACTOR shall maintain the Products/Completed Operations Liability Insurance for a period of at least two (2) years after final payment for the Work and furnish 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 following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability B+ to A+ 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 ($2,000,000) for each category), and the Successful Bidder shall provide verification thereof to OWNER upon request of OWNER. 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 as the primary coverage for any and all losses covered by the above described insurance. 16.4.8 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 against OWNER for payment or assessments in any form on any policy of insurance. 16.4.9 The clauses "other Insurance Provisions" and "Insurers Duties in the Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which OWNER is named as an additional named insured shall not apply Doc. 130682 Page 42 of 43 to OWNER. OWNER shall provide written notice of occurrence within fifteen (15) working days of OWNER'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 minimum insurance herein described. 6.4.11 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 OWNER. 16.4.12 Violation of the terms of this paragraph and its sub -parts shall constitute a breach of the Contract and OWNER, at its sole discretion, may cancel the Contract and all rights, title and interest of the Successful 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 CONTRACTOR, subcontractors or others on the Work. OWNER specifically reserves all statutory and common law rights and immunities 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. Page 43 of 43 Dora. 130682 EXHIBIT B CENTERLINE DRILLING, INC. WATER WELL CONTRACTOR LICENSE #11132 1696 Old Okeechobee Road, 3-C West Palm Beach, Florida 33409 ctrlinedrill ing@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. iwa s4 0&1. John Say Jr. President AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS AND CENTERLINE DRILLING FOR WATER SUPPLY WELL REHABILITATION THIS AMENDMENT TO AGREEMENT for Water Supply Well Rehabilitation, made and entered into this J$-'day of , 2018, by and between: CITY OF CORAL SPRINGS a municipal coi7)oration 9551 West Sample Road Coral Springs, Florida 33065 (hereinafter referred to as "CITY") AND CENTERLINE DRILLING, INC. a Florida profit corporation 1696 Okeechobee Road West 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 current tenn expires on July 30, 2018; and WHEREAS, the agreement may be renewed for two (2) additional two-year terms, subject to satisfactory performance by CONTRACTOR; and WHEREAS, both parties are desirous of extending the term of the Agreement fier an additional term, NOW THEREFORE, in consideration of the premises hereof, the mutual promises and agreements contained herein, and the payments to be made to CONTRACTOR for services rendered to CITY hereunder, the parties hereby agree as follows; Section I.. The above recitals are acknowledged and incorporated herein. Section 2. TERM OF AGREEMENT The term of this Agreement shall be extended through July 30, 2020, Doc. 132706 Page 1 of 5 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 years after time during the performance and term of the Agreement and for a period of three (3) 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 FDSTATUTES, TO THE NG THE APPLICATION OF CHAPTER 119,LOR CONSULTANT'S DUTY TO PROVIDE PUBLICSOFA PUBLIC LATING TO THIS CONTRACT, CONTACT THE CUSTODIAN RECORDS AT THE CITE' OF CORAL PC ORAL SPRINGS, CMC, CITY CLERK, 9500 WEST SAMPLE ROAD, FLORIDA 33065, U1IIONIASuCORAI-SPRINTELEPHONE NUMBER (954) 344-1067. 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: 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. Page 2 of 5 Doc. I327Q6 REQUEST FOR NONCOMPLIANCE (a) A request to inspect or copy public records relating to a City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request; and the Consultant trust provide the records to the City or allow the records to be inspected or copied within a reasonable amount of time. (b) If a Consultant sloes not comply with the City's request for records, the City shall enforce the contract provisions in accordance with the contract. (c) A Consultant who fails to provide the public records to the City within a reasonable tune may be subject to penalties under s. 119.10. CIVIL ACTION (a) If a civil action is filed against a Consultant to compel production of public records relating to a City's contract for services, the court 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 refused to comply with the public records request within a reasonable time; and (2) At least eight (8) business days before fling the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (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 common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (c) A Consultant wlio complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. Section 4. All other conditions and terms of the original agreement, as amended, not specifically amended herein, remain in full force and effect. Section 5. SEVERAWLITY 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 be affected thereby. Section b. This Amendment shall be effective upon approval of City, Doi 13:706 Page 3 of 5 IN WITNESS WHEREOF, CITY OF CORAL SPRINGS and CENTERLINE DRILLING, INC., have executed this Amendment to Agreement the day and year first above written. CITY OF CO ALISPRINGS, FLORIDA WALTE CAMP , JR., MAYOR ATT ST: DEBRA THOMAS, CMC, City Clerk APPROVED AS TO FORM: SHERRY WHITACRE, Deputy City Attorney Page 4 of 5 Dm. 132705 CENT�E DRILLING, INC. By. /� Print Name: e Print Title: C STATE OF F t tic� dg ) COUNTY OFTEm h ) On this, the `J day of J_ �-1 _ 2018 before me, the undersigned Notary Public of the State of yU c i c(C— , the foregoing instrument was acknowledged by :Zt= (name of corporate officer), (title) lez�f-�lne U% 11�n«S� erit of C inc. (name O CONTRACTOR), a F t��r ► d� (state of CONTRACTO CONTRACTOR, on behalf of the CONTRACTOR. WITNESS my hand and official seal �rry� s Notary Publ t~ MY COMMSSION i FF 9=70 a? EXPIRES: November 11, 2019 Printed, typ exactly as commissioned Personally known to me, or Produced identification: (type of identification produced) Page 5 of 5 r"" CITY OF SECOND AMENDMENT TO TR SUPP YWELL�J SPRINGS AND CENTE�� DRII. ING FORATERE-HABILffATION THIS SECOND AMENDMENT for Water Supply Well Rehabilitation, made and entered into this ' % day of 71, / Z , 2020, by and between: CITY OF CORAL SPRINGS a municipal corporation 9500 West Sample Road Coral Springs, Florida 33065 (hereinafter referred to as "CITY") and CENTERLINE DRILLING, INC. a Florida profit corporation 1696 Old Okeechobee Road, 3C West 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 19, 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 term of the Agreement for the final two (2) year term, NOW THEREFORE, in consideration of the premises hereof, the mutual promises and agreements contained herein, and the payments to be made to CONTRACTOR for services rendered to CITY hereunder, the parties hereby agree as follows: SECTION I. 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. Page 1 of 5 noc.134362 SECTION 3. NOTICES Article 19 of the Agreement shall be amended to read as follows: All notices or other communications required by this A ng and deemed delivered upon mailing by registered or certified mail, gretuurrneIIeceipt req es dt shall be in v t, hand -delivery, overnight courier, facsimile or email to the following persons and addresses. CITY: Lluis Gorgoy, Purchasing Manager City of Coral Springs 9500 Vilest Sample Road Coral Springs, Florida 33065 Telephone: (954) 344-1102 Email. iyn, in COPY TO: Rich Michaud, Director of Public Works City of Coral Springs 9500 West Sample Road Coral Springs, Florida 33065 Telephone: (954) 344-1100 Email: �7. y�.i „ )en .:l T .. ;,. 0 SEC-- TION 4, SCRUTEWZED COMPASS CONTRACTOR understands that pursuant to Section 287.135, a company is ineligible to , d an 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 million dollars at the time of bidding on, submitting a renewing such contract, and CO on lxoposal for, or entering into or Sudan List or the Scrutinized Companies with Activities inthee�Iran Petrol with Activities in List, created pursuant to Section 215,73, Florida Statutes, um Energy Sector ged in business Operations in Syria, that CONTRACTOR is ineligible to, and may not bid lo . suengabmit a proposal for, or enter into or renew a contract with the CITY. By entering into this Agreement, CONTRACTOR certifies that CONTRACTOR Principals and/or owners are not listed on. the Scrutinized Companies that cottrael List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is engaged in business operations with Syria. In the event that CONTRACTOR is placed on the Scrutinized Co List, engaged in a boycott of Israel, Scrutinized Companies with 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 Iec. 134362 page 2 of 5 any liability to CONTRACTOR notwithstanding any other provision in this Agreement to the contrary. SEC' g, FORCE MAJEURE In no event shall CITY be responsible or liable for any failure or delay in the performance of its ts control, obligations hereunder arising out of e caused dems�iral o communicablectlY or diseasectly, forces beyond s outbreak; including, without limitation: eptdem p quarantines; accidents; acts of war or terrorism; civil or military disturbances;nuclear urricaneso catastrophes (including floods, fires, earthquakes, tornadoes, tropical other acts of God, any National, State, County or Local State of Emergency or any act, order, or requirement of any governmental authority; interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; or any other similar causes beyond the control of CITY; it being understood that CITY shall use reasonable efforts to resume performance as soon as practicable under the circumstances. SECTION 6. SEVERABILITY 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 be affected thereby. SECT 7, All other conditions and terms of the original agreement, as amended, not specifically amended herein, remain in full force and effect. SECTION 8. This Second Amendment shall be effective upon approval of City. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 3 of 5 floc. 134362 IN WITNESS WHCREOF, CITY OF CORAL SPRINGS and CENTERLINE DRILLING, INC., have executed this Second Amendment to Agreement the day and year first above written. A ST: r DEB THOMAS, CMC, Ci y Clerk APPROVED AS TO FORM: SHERRY WHIT,%CRE, Deputy City Attorney Doc. 134362 Page 4 of 5 CITY OF CORAL SPRINGS SCOTT BROOK. Mayor - CENTERLINE DRILLM , ANC• Title: Print Name: 'S � • -3 ��� ____ State of County of Rdmlakrl The foregoing instrument was acknowledged before me b� means of a physical presence this _J day of 2020, or ❑ online notarization, (title) of by _ � _ (name of person acknowledging), (corporation), a BrX1dGL (state) corporation, on behalf of the corporatiol WITNESS my hand and official seal "''nlic. NotarPuStat�Of _�oC1C— KIM _1';k� fw - WCOMIMWAMOGOM as Printed, typed or stamped name of Notary D�PIRE$1w+" 12. Public exactly as commissioned Personally known to me, or produced identification: (type of identification produced) Page 5 of 5 Doc. t34342