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HomeMy WebLinkAboutDocumentation_Regular_Tab 15_2/9/2023Agenda Item #15. Regular Council STAFF MEMO Meeting: Regular Council - Feb 09 2023 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities �� Consider Approval of Authorization of Award and Execution of a Contract to B&B Underground Construction, Inc., for Water Main Replacement Program Project No. 1 and No. 4 for $3,560,490 SUMMARY: Village of Tequesta Utilities Department recommends approval of authorization of award and execution of a unit price contract to the lowest responsible bidder, B&B Underground Construction, Inc. (B&B), for $3,560,490, for pipe replacement program projects numbers 1 and 4, bid as Invitation to Bid (ITB) No. UTIL 11-08-22/MC "Village of Tequesta Water Main Replacement Program Project No. 1 and No. 4" (Project). The Project is part of the phased asbestos cement (AC) water main (WM) replacement program that the Village has planned. Project No. 1 is located along Tequesta Drive and Project No. 4 is located along Country Club Drive South and several side streets. The Project was bid on November 15, 2022, a pre -bid meeting was held on December 9, 2022, and the bid opening was on December 15, 2022. Attachment 1 is the agreement with the contractor, which was contained within the bid documents. The Village's engineer for the project is Holtz Consulting Engineers (Holtz or Engineer), who evaluated the two bids received, reviewed the qualifications, and contacted references for the lowest responsive bidder. Based on the review, Holtz provided a recommendation letter (attachment 2) recommending award of the contract to B&B Underground Construction, Inc., the lowest responsive and responsible bidder, for $3,560,490. The required 5% bid bond was provided. The Engineer's opinion of probable cost (OPC) was $2,232,230 (attachment 3). There were two bids received: 1. B&B Underground Construction, Inc. — bid of $3,560,490 2. Municipal Contractors, Inc.— bid of $3,667,000 The Engineer's bid tabulation for the project is attachment 4 and the bid form submitted by B&B is attachment 5. The Village submitted a list of documents to FDEP required to receive approval to award the bid. FDEP's approval letter of authorization to award the bid is attachment 6. The project is to be funded from the first tranche of the Florida Department of Environmental Protection's (FDEP) State Revolving Loan Fund (SRF) that the Village has in place. Since B&B's bid price was 60% higher than the OPC, we are required to request additional funding from FDEP which had been completed. This project was originally scheduled to be bid and awarded in FY22 and the project funding was not budgeted or carried over in FY23, as shown in the table for "Capital Projects Other Than Buildings." Based on the project list and funding for FY23 and the total anticipated for the SRF loan, there will not be enough SRF funding for all of the planned projects as listed. Project (3) on the Capital Projects list, Beach Road Phase Page 164 of 1094 Agenda Item #15. II WM Project #2 needs to move forward due developments under construction. Project (1) on the Capital Projects list, improvements to the water treatment plant's supervisory control and data acquisition (SCADA) system, hydraulic improvements, and chemical feed improvements needs to move forward. In order to fund this Project as bid, delaying Jupiter in the Pines (WM Project No. 3) is recommended. Please see the following FY23 budget breakdown for projects from the water fund account 401-412-663.600 Capital Projects Other Than Buildings: Capital Projects FY23 Budget Encumbered This Request Current Remaining 1 WTP Upgrades & Energy Resource Improvements $5,000,000 $0 $0 $5,500,000 2 Water Main Replacement program — WM-1/4 — Tequesta Drive/ $0 $0 $3,560,490 NIA Country Club Dr. South* 3 IWater Main Replacement Program — WM-2 — Beach Road Phase $1,785,000 $0 $0 $1,785,000 4 Water Main Replacement Program — WM 3 - Jupiter in the Pines $3,570,000 $0 $0 $3,570,000 (South) TOTAL *this request (WM Replacement program #1 &4) $10,855,000 $0 $3,560,490 $10,855,000 The bid package is attachment 7 and related addendums are in attachment 8. Utilities Staff recommends approving the authorization of award and execution of a contract to B&B Underground for an amount not -to -exceed $3,560,490. Attachments: 1. Contract agreement 2. Engineer's letter recommendation of bid award 3. Engineer's opinion of probable cost (OPC) 4. Engineer's bid tabulation 5. B&B's (lowest responsible/ responsive bidder) bid form 6. FDEP letter of award authorization 7. Project bid package documents 8. Project bid addendums (three) This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: AC Pipe Replacement Proposed: $3,560,490.00 BUDGET: $10,855,000.00 ENCUMBERED: $0.00 Projected Remaining: $7,294,510.00 (01) Agreement AC WM Replacement Bid Doc Contractor Agreement (02) Holtz VOT AC WM 1 & 4 - Letter of Recommendation (03) Holtz OPC VOT AC WM #1 &4 - Engineer's OPC VC Attachment (04) Holtz VOT AC WM 1 & 4 - Bid Tab B&B & MuniciDal Page 165 of 1094 Agenda Item #15. (05) B&B 00410 Bid Form B&B (06) FDEP Auth to Award Letter - Villaae of Teauesta DW502700 Page 166 of 1094 Agenda Item #15. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between Village of Tequesta ("Owner") and B&B Underground Construction, INC. ("Contractor") Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: the installation of approximately 11,000 linear feet of new 8-inch to 12-inch water main, abandonment of existing water main, and connections to side streets and related services, fittings, and appurtenances. ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Holtz Consulti Engineers. 3.02 The Owner has retained Holtz Consulting Engineers ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expenses, and difficulties involved in proving in a legal or arbitration proceeding the 00520, Agreement Page 1 of 12 Page 167 of 1094 Agenda Item #15. actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work other than Unit Price Work, a lump sum of: $ All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): Unit Price Work Item No. Description Unit Estimated Quantity Unit Price Extended Price Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $ The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, 00520, Agreement Page 2 of 12 Page 168 of 1094 Agenda Item #15. estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) D. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, the retainage will be reduced in accordance with Florida Statute 218.735; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 1 percent per annum. 00520, Agreement Page 3 of 12 Page 169 of 1094 Agenda Item #15. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractorthat without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to _, inclusive). 00520, Agreement Page 4 of 12 Page 170 of 1094 Agenda Item #15. 2. Performance bond (pages_ to___, inclusive). 3. Payment bond (pages_ to__, inclusive). 4. Other bonds. a. _ (pages _ to _, inclusive). b. _ (pages _ to inclusive). c. _ (pages _ to inclusive). 5. General Conditions (pages_ to_, inclusive). 6. Supplementary Conditions (pages _ to _, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of _ sheets with each sheet bearing the following general title: _ [or] the Drawings listed on the attached sheet index. 9. Addenda (numbers_ to_, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages_ to_, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no 00520, Agreement Page 5 of 12 Page 171 of 1094 Agenda Item #15. assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Indemnity A. The parties recognize that the Contractor is an independent contractor. The Contractor agrees to assume liability for and indemnify, hold harmless, and defend the Owner, its council members, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor, its agents, officers, Contractors, subcontractors, employees, or anyone else utilized by the Contractor in the performance of this Contract. The Contractor's liability hereunder shall include all attorney's fees and costs incurred by the Owner in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor against the Owner and the Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Contract and shall not be limited by the amount of any insurance required to be obtained or maintained under this Contract. 00520, Agreement Page 6 of 12 Page 172 of 1094 Agenda Item #15. B. Subject to the limitations set forth in this Section, Contractor shall assume control of the defense of any claim asserted by a third party against the Owner and, in connection with such defense, shall appoint lead counsel, in each case at the Contractor's expense. The Owner shall have the right, at its option, to participate in the defense of any third party claim, without relieving Contractor of any of its obligations hereunder. If the Contractor assumes control of the defense of any third party claim in accordance with this paragraph, the Contractor shall obtain the prior written consent of the Owner before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, the Contractor shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by the Owner and all expenses, including experts' fees, if (i) an adverse determination with respect to the third party claim would, in the good faith judgment of the Owner, be detrimental in any material respect to the Owner's reputation; (ii) the third party claim seeks an injunction or equitable relief against the Owner; or (iii) the Contractor has failed or is failing to prosecute or defend vigorously the third party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith. C. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06, Florida Statutes, as amended. Contractor expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06, Florida Statues. Nothing contained in the foregoing indemnification shall be construed as a waiver of any immunity or limitation of liability the Owner may have under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. 10.07 Governing Law and Remedies A. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida and venue for any and all disputes related to or arising from this Agreement shall be in Palm Beach County, Florida. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 10.08 Office of the Inspector General A. Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all Owner contracts. 10.09 Public Records Contractor shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Owner as provided under section 119.011(2), Florida Statutes, specifically agrees to: u Keep and maintain public records required by the Owner to perform the service. 00520, Agreement Page 7 of 12 Page 173 of 1094 Agenda Item #15. (b) Upon request from the Owners' custodian of public records or designee, provide the Owner 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 Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Contract and following completion of this Contract if the Contractor does not transfer the records to the Owner. u Upon completion of this Contract, transfer, at no cost, to the Owner all public records in possession of the Contractor or keep and maintain public records required by the Owner to perform the service. If the Contractor transfers all public records to the Owner upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records or designee, in a format that is compatible with the information technology systems of the Owner. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT 561-768-0443, Imcwilliams@tequesta.or, OR BY MAIL AT VILLAGE OF TEQUESTA, 345 TEQUESTA DRIVE, TEQUESTA, FL 33469. 10.10 Insurance A. The limits of liability for insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less that the following amounts or greater where required by Law and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: a. State Statutory b. Applicable Federal Statutory C. Employer Liability: Bodily injury, each accident $1,000,000 Bodily injury by disease, each employee $500,000 Bodily injury/disease aggregate $1,000,000 d. Foreign voluntary worker compensation Statutory 2. Contractor's Commercial General Liability under Paragraphs 6.03.13 and 6.03.0 of the General Conditions: a. General Aggregate $2,000,000 00520, Agreement Page 8 of 12 Page 174 of 1094 Agenda Item #15. 3 4 5 b. Products — Completed Operations Aggregate $2,000,000 C. Personal and Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 (Bodily Injury and Property Damage) Automobile Liability under paragraph 6.03.D of the General Conditions: a. Bodily Injury: Each Person $500,000 Each Accident $1,000,000 b. Property Damage: Each Incident $1,000,000 Umbrella of Excess Liability under paragraph 6.03.E of the General Conditions: a. Excess or Umbrella Liability 1) General Aggregate $5,000,000 2) Each Occurrence $1,000,000 Contractor's Pollution Liability under paragraph 6.03.F of the General Conditions: a. Contractor's Pollution Liability 1) General Aggregate $2,000,000 2) Each Occurrence $1,000,000 6. Additional Insureds include the respective officers, partners, directors, employees, agents, consultants, and subconsultants of the following firms and municipal government(s): a. Village of Tequesta 10.11 Audit By Owner A. The Contractor shall permit the Owner, or any authorized representatives of the Owner, at all reasonable times, access to and the right to examine all records, books, papers or documents related to the Contractor's performance under this Agreement including, but not limited to, expenses for sub -contractors, agents or assistants, direct and indirect charges for work performed and detailed documentation for all such work performed or to be performed under this Agreement. 10.12 Copies of Data/Documents A. Copies or original documents prepared by the Contractor in relation to work associated with this Agreement shall be provided to the Owner. Data collected, stored, and/or provided shall be in a form acceptable to the Owner and agreed upon by the Owner. 10.13 Ownership A. Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the Owner. 10.14 Limitations of Liability A. Under no circumstances shall either party be liable to the other for any consequential, incidental, special, punitive, or any other form of indirect or non -compensatory damages. 10.15 Enforcement Costs 00520, Agreement Page 9 of 12 Page 175 of 1094 Agenda Item #15. A. All parties shall be responsible for their own attorneys' fees, court costs and expenses if any legal action or other proceeding is brought for any dispute, disagreement, or issue of construction or interpretation arising hereunder whether relating to the Agreement's execution, validity, the obligations provided therein, or performance of this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provisions of this Agreement. 10.16 Copyrights and/or Patent Rights A. Contractor warrants that there has been no violation of copyrights and/or patent rights in the manufacturing, producing or selling of the goods, shipped or ordered, as a result of this Agreement and the Contractor agrees to hold the Owner harmless from any and all liability, loss, or expense occasioned by any such violation. 10.17 Protection of Property A. The Contractor shall at all times guard against damage or loss to the property of the Owner or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The Owner may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful Contractor or its agents. The Contractor shall be responsible to safeguard all of their property such as tools and equipment while on site. The Owner will not be held responsible for any loss of Contractor property due to theft or vandalism. 10.18 Damage to Persons or Property A. The responsibility for all damage to person or property arising out of or on account of Scope of Work done under this Contract shall rest upon the Contractor. 10.19 Discrimination A. The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, political affiliation, marital status, handicap, or sexual orientation. Further, Contractor shall not discriminate or permit discrimination against any employee or an applicant for employment on the basis of race, color, sex, religion, political affiliation, natural origin, ancestry, marital status, sexual orientation or handicap. 10.20 Construction Defects A. PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE NOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 10.21 Public Entity Crimes Contractor acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier or sub -contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. The Contractor will advise the Owner immediately if it becomes aware of any violation of this statute. 00520, Agreement Page 10 of 12 Page 176 of 1094 Agenda Item #15. 10.22 Scrutinized Companies A. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to section 287.135, Florida Statutes, the Owner may immediately terminate this Agreement at its sole option if the Contractor or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors, are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of this Agreement. B. If this Agreement is for one million dollars or more, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135, the Owner may immediately terminate this Agreement at its sole option if the Contractor, or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are or have been engaged with business operations in Cuba or Syria during the term of this Agreement. C. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. D. The Contractor agrees that the certifications in this section shall be effective and relied upon by the Owner for the term of this Agreement, including any and all renewals. E. The Contractor agrees that if it or any of its subcontractors' status changes in regards to any certification herein, the Contractor shall immediately notify the Owner of the same. F. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative. 00520, Agreement Page 11 of 12 Page 177 of 1094 Agenda Item #15. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). VILLAGE: CONTRACTOR: By: By: Title: Mayor Title: (Seal) Attest: Title: Village Clerk The foregoing instrument was sworn to (or affirmed) and subscribed before this day of 20 by who is [ ] personally know to me or [ ] who has produced a as identification and who did/did not take an oath. (Seal) Approved Notary Public as to State of Florida Form: Title: Village Attor Address for giving notices: Village Manager 345 Teauesta Drive Teauesta FL. 33469 Address for giving notices: License No.: (where applicable) 00520, Agreement Page 12 of 12 Page 178 of 1094 Agenda Item #15. F[SE HOLTZ CONSULTING ENGINEERS, INC December 21, 2022 Ms. Marjorie G. Craig, PE Director Village of Tequesta Utilities Department 345 Tequesta Drive Tequesta, FL 33469 Subject: Village of Tequesta Water Main Replacement Program Project No. 1 and No. 4 Recommendation of Award to B&B Underground Construction, Inc. Dear Ms. Craig, On December 15, 2022 at 2:00 p.m. bids were opened for the referenced project. There were two (2) bids accepted for the project as follows: Bidder Bid Amount B&B Underground Construction, Inc. $3,560,490.00 Municipal Contractors $3,667,000.00* *Corrected bid amount The bids were reviewed by Holtz Consulting Engineers, Inc. (HCE) to evaluate whether the bids are responsive to the bid submittal requirements. We also contacted references and reviewed qualifications to evaluate if the bidders are considered to be responsible and qualified to construct the work. The apparent low bidder was B&B Underground Construction, Inc. with a Total Bid Amount of $3,560,490.00. Their bid was reviewed and included the required bid bond in the amount of five percent of their bid from an acceptable surety company according to the US Department of Treasury. They acknowledged receipt of the addenda in the bid form. Their bid was determined to be responsive. B&B Underground Construction has completed many projects in South Florida, including projects involving installation of water main. The references contacted indicated that they completed their projects generally on time, within budget, and in conformance with the contract documents. B&B Underground Construction will use Eastern Pipeline Construction as their directional drill subcontractor, Lidonni Company as their paving subcontractor, and Spada Flatwork for their concrete subcontractor. B&B Underground Construction will self -perform the open -cut underground piping. B&B Underground Construction is a corporation in good standing with the Florida Department of State Division 270 South Central Boulevard, Suite 207 • Jupiter, Florida 33458 Office: 561.575.2005 • Fax: 561.575.2009 Page 179 of 1094 Agenda Item #15. F[SE HOLTZ CONSULTING ENGINEERS, INC of Corporations and holds a General Contractor license from the State of Florida. We therefore consider B&B Underground Construction to be a responsible bidder. Based on the above information, Holtz Consulting Engineers, Inc. can recommend award of the contract to the apparent low bidder (B&B Underground Construction) in the Total Bid Amount of $3,560,490.00. Sincerely, HOLTZ CONSULTING ENGINEERS, INC. Stephen Fowler, PE cc: 270 South Central Boulevard, Suite 207 • Jupiter, Florida 33458 Office: 561.575.2005 • Fax: 561.575.2009 Page 180 of 1094 Agenda Ite%916.Opinion of Probable Cost (OPC) by Holtz Consulting Engineers for the Village of Tequesta Village of Tequesta Asbestos Cement Water Main Replacement Project 100% Opinion of Probable Cost November 11, 2022 Item Description Quantity Unit Unit Cost Total Amount 1A Mobilization, Demobilization, Bonds & Insurance (5%) 1 LS $96,700.00 $96,700.00 16 Maintenance of Traffic 9,820 LF $2.00 $19,700.00 1C As -built Record Drawings 9,820 LF $2.50 $24,600.00 1D Audio Video Documentation 9,820 LF $1.00 $9,900.00 1E NPDES Permit/Erosion Measures 9,820 LF $1.00 $9,900.00 2 Furnish and Install 4-inch PVC Water Main 20 LF $30.00 $600.00 3 Furnish and Install 6-inch PVC Water Main 80 LF $40.00 $3,200.00 4 Furnish and Install 8-inch PVC Water Main 3,000 LF $45.00 $135,000.00 5 Furnish and Install 10-inch PVC Water Main 5,300 LF $50.00 $265,000.00 6 Furnish and Install 12-inch PVC Water Main 40 LF $60.00 $2,400.00 7 Furnish and Install 10-inch HDPE Water Main 550 LF $100.00 $55,000.00 8 Furnish and Install 12-inch HDPE Water Main 3,200 LF $120.00 $384,000.00 9 Furnish and Install Ductile Iron Fittings 8 Tons $12,000.00 $96,000.00 10 Furnish and Install 10" PVC/HDPE Transition Adapter 6 EA $800.00 $4,800.00 11 Furnish and Install 12" PVC/HDPE Transition Adapter 34 EA 1 $1,000.00 $34,000.00 12 Furnish and Install 4-Inch Gate Valve with Valve Box 1 EA $1,000.00 $1,000.00 13 Furnish and Install 6-Inch Gate Valve with Valve Box 4 EA $1,400.00 $5,600.00 14 Furnish and Install 8-Inch Gate Valve with Valve Box 24 EA $1,800.00 $43,200.00 15 Furnish and Install 10-Inch Gate Valve with Valve Box 23 EA $2,500.00 $57,500.00 16 Furnish and Install 12-Inch Gate Valve with Valve Box 10 EA $3,000.00 $30,000.00 17 Furnish and Install Fire Hydrant Assembly w/ 6" GV AND Valve Box 14 EA $6,000.00 $84,000.00 18 Furnish and Install 24" X 24" Concrete Collar w/ Tracer Wire Access Box 14 EA $500.00 $7,000.00 19 Connect New Water Main to Water Main (6" to 12") 18 EA $2,000.00 $36,000.00 20 Furnish and Install Blow -Off Assembly 1 EA $1,000.00 $1,000.00 21 2" Fill and Flushing Assembly 12 EA $1,500.00 $18,000.00 22 Furnish and Install Sample Point 36 EA $500.00 $18,000.00 23 Furnish and Install Short Single Service 36 EA $1,200.00 $43,200.00 24 Furnish and Install Long Single Service (Directional Bore w/ Casing) 26 EA $1,800.00 $46,800.00 25 Furnish and Install Short Double Service 4 EA $1,400.00 $5,600.00 26 Furnish and Install Long Double Service (Directional Bore w/ Casing) 16 EA $2,000.00 $32,000.00 27 Pressure Testing and Chlorinating New Water Main 12,190 LF $0.50 $6,100.00 28 Cap, Grout, and Abandon Existing 4" AC Pipe 1,400 LF 1 $7.00 $9,800.00 29 Cap, Grout, and Abandon Existing 6" AC Pipe 720 LF $8.00 $5,800.00 30 Cap, Grout, and Abandon Existing 8" AC Pipe 7,380 LF $10.00 $73,800.00 31 Cap, Grout, and Abandon Existing 10" AC Pipe 5,180 LF $12.00 $62,200.00 32 Concrete Sidewalk 340 SY $55.00 $18,700.00 33 Brick Paver Sidewalk 3 SY $150.00 $500.00 34 Gravel Driveway Crossing and Restoration 40 SY $40.00 $1,600.00 35 Asphalt Driveway Crossing and Restoration 220 SY $60.00 $13,200.00 36 Concrete Driveway Crossing and Restoration 570 SY $85.00 $48,500.00 37 Stamped Concrete Driveway Crossing and Restoration 40 SY $125.00 $5,000.00 38 Brick Paver Driveway Crossing and Restoration 550 SY $100.00 $55,000.00 39 Asphalt Pavement Crossing and Restoration 1,110 SY $60.00 $66,600.00 40 Mill and Overlay Existing Asphalt Road 1,020 SY $26.00 $26,600.00 41 ISodding 7,700 SY $6.00 $46,200.00 42 JTree & Shrubbery Restoration 1 LS $10,000.00 $10,000.00 43 1 Miscellaneous Restoration 1 LS $10,000.00 $10,000.00 Subtotal $2,029,300.00 10% Contingency $202,930.00 Total $2,232,230.00 Page 181 of 1094 Agenda Item #15. z ti o o�00000000000000000000000000000a0�00y9a ID � oVo mao VVo �a�lVaam o o y 9m9 9�9ao�oo VV�a� o0000000oo. oZ 0 a u-----------w---------------ww--------www----------- u o o a r ti Z � o a o �6 .. z 0 0 o 0 o 0 0 0 om o o 0.. o m o 0 o 0 .. o0 io 0 6 0 0 0 o 6 6 0 0 6 6 �n o ry c 6 6 0 0 o 6 6 0 0 0 0 6 6 0 0 6 6 0 0 0 6 o 0 0 o v a a o am a v4 o o o o; 0 o 0 o io 6 16 om m 6 0 o� o 0i o o w o 6 6 om 6 6 N o o 6 o 0 0 6 6 0 0 0 0 0 0 0 0 0 0 a � ---------------------------------------------------- u n m F m r z � o a F `a' a a w w a a w w a a w w 11 a a w w a a w w a a w w a a w w a a w w a LL w � � � LL>>>>>>> � �������� z ti ao a a 0 a 01 a a= v v v 3 3 .LL w > > > SSSB " a a a a a x X. - _ a a - 3 3 ¢ E _ E F o ° - - - - - - - - - - - - - - - - - - - - - a a a ¢ s 3 - u> 3 o `o . 3. _ v - - - - - - - - - - - - - - - - - - - - - - _ - o E - £ _ -El El El El O Z � ¢ r m � W c E u) o� M m m c - O E ~ O L a -0 '0 q £ M L W Q� Q Page 182 of 1094 Agenda Item #15. BID FORM FOR CONSTRUCTION CONTRACT — ADDENDUM #3 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1—OWNER AND BIDDER 1.01 This Bid is submitted to: Village of Tequesta C/O Village Clerk 345 Tequesta Drive Tequesta FL, 33469 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—ATTACHMENTS TO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; E. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant by Bidder to obtain said license within the time for acceptance of Bids; • F. Required Bidder Qualification Statement with supporting data; and • G. Florida Trench Safety Act Certification; H. Statement of Disputes, Litigation, Arbitration, And Surety Completion; • I. Noncollusion Affidavit; . J. Drug -Free Workplace Certificate; K. Sworn Statement on Public Entity Crimes; • L. Scrutinized Companies Certification Form . ARTICLE 3—BASIS OF BID 3.01 UNIT PRICE BIDS A. Bidder will perform the following Work at the indicated unit prices: Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 1 of 6 Page 183 of 1094 Agenda Item #15. Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1A Mobilization, Demobilization, Bonds & 1 LS 175,000.00 $175,000.00 Insurance (5%) 1B Maintenance of Traffic 1 LS 137,500.00 $ 137,500.00 1C j As -built Record Drawings 1 LS 25,000.00 $ 25,000.00 1D Audio Video Documentation 1 LS 3,500.00 $ 3,500.00 1E NPDES Permit/Erosion Measures 1 LS 15,000.00 $ 15,000.00 2 Furnish and Install 4-inch PVC Water Main 20 LF 250.00 $ 5,000.00 3 Furnish and Install 6-inch PVC Water Main 80 LF 250.00 $ 20,000.00 4 Furnish and Install 8-inch PVC Water Main 3,000 LF 105.00 $ 315,000.00 5 Furnish and Install 10-inch PVC Water Main 5,300 LF 112.00 $ 593,600.00 6 Furnish and Install 12-inch PVC Water Main 40 LF 500.00 $ 20,000.00 7 Furnish and Install 10-inch HDPE Water Main 550 LF 115.00 $ 63,250.00 8 Furnish and Install 12-inch HDPE Water Main 3,200 LF 117.00 $ 374,400.00 9 Furnish and Install Ductile Iron Fittings 8 Tons 22,500.00 $ 180,000.00 10 Furnish and Install 10" PVC/HDPE Transition 6 EA 450.00 $2,700.00 Adapter 11 Furnish and Install 12" PVC/HDPE Transition 34 EA 500.00 $ 17,000.00 Adapter 12 Furnish and Install 4-Inch Gate Valve with 1 EA 1,500.00 $ 1,500.00 Valve Box 13 Furnish and Install 6-Inch Gate Valve with 4 EA 2,000.00 $ 8,000.00 Valve Box V 14 Furnish and Install 8-Inch Gate Valve with 24 EA 2,500.00 $ 60,000.00 Valve Box 15 Furnish and Install 10-Inch Gate Valve with 23 EA 4,000.00 $ 92,000.00 Valve Box 16 Furnish and Install 12-Inch Gate Valve with 10 EA 5,500.00 $ 55,000.00 Valve Box 17 Furnish and Install Fire Hydrant Assembly w/ 14 EA 7,500.00 $ 105,000.00 6" GV AND Valve Box 18 Furnish and Install 24" X 24" Concrete Collar 14 EA 1,000.00 $14,000.00 w/ Tracer Wire Access Box 19 Connect New Water Main to Water Main (6" 18 EA 6,000.00 $108,000.00 to 12") 20 Furnish and Install Blow -Off Assembly 1 EA 2,500.00 $ 2,500.00 21 2" Fill and Flushing Assembly 12 EA 2,200.00 $ 26,400.00 22 Furnish and Install Sample Point 36 EA 650.00 $ 23,400.00 23 Furnish and Install Short Single Service 36 EA 2,500.00 $ 90,000.00 24 Furnish and Install Long Single Service 26 EA 4,100.00 $ 106,600.00 (Directional Bore w/ Casing) 25 Furnish and Install Short Double Service 4 EA 3,500.00 $14,000.00 26 Furnish and Install Long Double Service 16 EA 5,100.00 $ 81,600.00 (Directional Bore w/ Casing) 27 Pressure Testing and Chlorinating New Water 12,190 LF 2.00 $ 24,380.00 Main 28 Cap, Grout, and Abandon Existing 4" AC Pipe 1,400 LF 6.00 $ 8,400.00 29 Cap, Grout, and Abandon Existing 6" AC Pipe 720 LF 7.50 $ 5,400.00 30 Cap, Grout, and Abandon Existing 8" AC Pipe 7,380 LF 8.00 $ 59,040.00 31 Cap, Grout, and Abandon Existing 10" AC Pipe 5,180 LF 9.00 $ 46,620.00 Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 2 of 6 Page 184 of 1094 Agenda Item #15. 32 Concrete Sidewalk 340 SY 100.00 $ 34,000.00 33 Brick Paver Sidewalk 3 SY 300.00 $ 900.00 34 Gravel Driveway Crossing and Restoration 40 SY 65.00 $ 2,600.00 35 Asphalt Driveway Crossing and Restoration 220 SY 220.00 $ 48,400.00 36 Concrete Driveway Crossing and Restoration 570 SY 120.00 $ 68,400.00 37 Stamped Concrete Driveway Crossing and Restoration 40 SY 210.00 $ 8,400.00 38 Brick Paver Driveway Crossing and Restoration 550 SY 115.00 $ 63,250.00 39 Asphalt Pavement Crossing and Restoration 1,110 SY 80.00 $ 88,800.00 40 Mill and Overlay Existing Asphalt Road 1,020 SY 35.00 $ 35,700.00 41 Sodding 7,700 SY 11.50 $ 88,550.00 42 Tree & Shrubbery Restoration 1 LS 45,000.00 $ 45,000.00 43 Miscellaneous Restoration 1 LS 149,250.00 $ 149,250.00 44 Root Barrier 400 LF 17.50 $ 7,000.00 45 Furnish and Install 4" Line Stop Assembly 1 EA 8,750.00 $ 8,750.00 46 Furnish and Install 6" Line Stop Assembly 1 EA 9,800.00 $ 9,800.00 47 Furnish and Install 8" Line Stop Assembly 1 EA 10,600.00 $ 10,600.00 48 Furnish and Install 10" Line Stop Assembly 1 EA 12,300.00 $ 12,300.00 Total of All Unit Price Bid Items $ 3,560,490.0 B. Bidder acknowledges that: 1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 4—TIME OF COMPLETION 4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 4.02 Bidder agrees that the Work will be substantially complete within 210 calendar days afterthe date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 240 calendar days after the date when the Contract Times commence to run. 4.03 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 5—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 3 of 6 Page 185 of 1094 Agenda Item #15. 5.02 Instructions to Bidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Addendum Date IZ 11 2 Z v Iv a 2 L Iv 13 Z ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS 6.01 Bidder's Representations A. In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder's (Contractor's) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data Section 00410, Bid Form for Construction Contract —ADDENDUM #3 Page 4 of 6 Page 186 of 1094 Agenda Item #15. are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 6.02 Bidder's Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 5 of 6 Page 187 of 1094 Agenda Item #15. BIDDER hereby submits this Bid as set forth above: Bidder: (typed or printe name,�,orgonization) By: (individual's signature) Name: S �ePke, Oe-4i, r1re ped or printed) Title: S; jar+ (typed or printed) Date: /9, ?nZ"?7— (typed or printed) If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: —� �q��� � Name: e Ae„ �e4f2 i (tKp,.C-36,11- or printed) Title: (type or printed) Date: 1f .tire_ W27, (typed or printed) Address forgiving notices: 4 o So W cs} In1ES� Pa ��n �iE FG " 3'5Y Bidder's Contact: Name: S ��Q, YC�Fe� , `•� (ty ed or printed) Title: reS:o�„fi (typed or printed) Phone: (— Lyq — 054 Email: S ec �/ ��uG��s� _ c6v Address: Bidder's Contractor License No.: Pl. 33Y a GG (, IsZ 3Z4a (16 Section 00410, Bid Form for Construction Contract —ADDENDUM #t3 Page 6 of 6 Page 188 of 1094 Agenda Item #15. FLORIDA DEPARTMENT OF RonDeSantis Governor Environmental Protection Jeanette Nunez Lt. Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Secretary Tallahassee, FL 32399 January 26, 2023 Ms. Marjorie G. Craig, P.E. Director, Utilities Department Village of Tequesta 345 Tequesta Dr. Tequesta, Florida 33469 Re: DW502700 — Village of Tequesta Water Main Replacement Program No. 1 & No. 4 Dear Ms. Craig: We have reviewed the bidding information for the Water Main Replacement Program No. 1 & No. 4 contract. The selection of the bidder identified below is acceptable. Contractor Contract Amount B&B Underground Construction, Inc. $ 3,560,490.00 This letter is your authorization to award the contract. Please note that disbursements only up to the amount in the original agreement are eligible until approval of increased funding. Please also note that contingencies are not SRF-eligible unless approved by change order. Please submit a copy of the notice to proceed, a copy of the executed contract between the Village and the contractor, and the attached certification of contractor's insurance and bonding after the contract is executed via email at SRF_Reporting@dep.state.fl.us. No disbursements for this contract will be made until the documents mentioned above are returned to us. Please send all change orders to Mahnaz Massoudi for review. If we may be of further assistance, please call Charles Richards at (850) 245-2926. Sincerely, Teresa Robson, Program Administrator State Revolving Fund Management TR/cr Attachment cc: Christine Miranda, P.E. - Holtz Consulting Engineers, Inc. Page 189 of 1094