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Home My WebLink AboutAgreement_General_03/10/2016 (3) VILLAGE OF TEQUESTA CONTRACT FOR MAINTENANCE /REPAIR SERVICES FOR STORM DRAINAGE INFRASTRUCTURE THIS CONTRACT FOR MAINTENANCE /REPAIR SERVICES FOR STORM DRAINAGE INFRASTRUCTURE, hereinafter "Contract ", is entered into and effective this 10 MtVL,K day of � 016, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469 -0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village "; and SHENANDOAH GENERAL CONSTRUCTION COMPANY, a Florida profit corporation with offices located at 1888 NW 22nd Street, Pompano Beach, Florida, 334069 -1318 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 Village and the Contractor both hereby agree to enter into this Contract whereby the Contractor shall provide general maintenance /repair services for storm drainage infrastructure (pipes), which shall include but is not limited to, the following: famishing all labor, materials, equipment, tools, maintenance of traffic, supplies, and super- vision to complete the authorized work. The Village and Contractor both agree to enter into this Contract and piggyback the services and pricing described in the March 24, 2015 Agreement Between [The] Village Of Wellington And Shenandoah General Construction Company For Public Works Annual Drainage Infrastructure Inspection, Cleaning And Repair Contract (ITB No. 003- 15 /DZ), attached hereto and incorporated as Exhibit A. Services pro- vided by the Contractor to the Village shall be pursuant to the descriptions set -out at page 18, Exhibit A — Plans & Specifications of Exhibit A. 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the prices set -out at page 26, Exhibit B — Schedule Of Values of Exhibit A. CONTRACT FOR MAINTENANCE /REPAIR SERVICES FOR STORM DRAINAGE INFRASTRUCTURE 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in section 12, "Insurance," at pages 8 until 9 of Exhibit A and shall name the Village as an "additional insured" on the liability portion of the insurance policy. The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employ- ees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of any error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 and 287.133, Florida Statues, by entering into this Contract 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 immedi- ately preceding the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes. 5. TERMINATION, NOTICE: This provisions of this section shall be in place of the provisions set -out at section 16, "Termination," of Exhibit A . This Contract may be termi- nated by the Village or the Contractor upon thirty (30) days written notice to the either the Village or Contractor. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to THE VILLAGE As to THE CONTRACTOR Village of Tequesta Shenandoah General Construction Co. 345 Tequesta Drive 1888 NW 22nd Street Tequesta, Florida 33469 Pompano Beach, Florida 33069 Attn: Director of Utilities Attn: Daniel DiMura, Vice President 6. 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 Contrac- tor agrees that this Contract is not a contract for employment and that no relationship of em- ployee— employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. Page 2 of 4 CONTRACT FOR MAINTENANCE /REPAIR SERVICES FOR STORM DRAINAGE INFRASTRUCTURE 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevail- ing party shall be awarded attorney's fees, including fees on appeal. 8. CHOICE OF LAW; VENUE: This Contract shall be governed and construed in accord- ance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Contract. 9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and required insurance certificates constitute the entire Contract between both Parties; no modifi- cations shall be made to this Contract unless in writing, agreed to by both Parties, and at- tached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the services and provision of goods called for in this Contract without prior written consent of the Village. 10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, 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 do- ing 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 pow- er to take sworn statements, require the production of records, and to audit, monitor, investi- gate and inspect the activities of the Village, as well as contractors and lobbyists of the Vil- lage in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 11. PUBLIC RECORDS: In accordance with section 119.0701, Florida Statutes, the Contractor must keep and maintain this Contract and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accord- ance with access and cost requirements of chapter 119, Florida Statutes. Further, the Con- tractor shall ensure that any exempt or confidential records associated with this Contract or associated with the performance of the work described in the Scope of Services are not dis- closed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, Page 3 of 4 CONTRACT FOR MAINTENANCE /REPAIR SERVICES FOR STORM DRAINAGE INFRASTRUCTURE and at the conclusion of said work and upon request, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates there- of. Records that are stored electronically must be transferred to the Village in a fonnat that is compatible with the Village's information technology systems. IN WITNESS WHEREOF, the parties hereto have executed this Contract the date and year first above written. WITNESSES: SHENAND AH GENERAL CONSTRUCTION CO. l '4......... _ _._ ................... _......_.....__. ..._._..._._......._ .._:_.._.,•w•••••.. .......__.._.......... . �....._...._....._ .__.......m..,......_.......... Daniel DiMura, Vice President Z. , (Corporate Seal) C )VAGE OF TEQUES ATTEST: il B ennan yor M ",�„1111 -' t 1 �— ,`r,. F•• Tic / Qy , ,, (Seal) Tawn�C e k liams, CMC vPGpR OggG� F v:' EAR n WC ORPORATEp ; 'h 4, 10 p F F _..... %4 h&W14M1H01%* Page 4 of 4 Shenandoah Construction Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, 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 the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems. THE VILLAGE OF ELLINGTON 15 A GREAT HOMETOWN Council Manager Bob Margolis, mayor Paul Schofield John Greene, Vice Mayor Matt Willhite, Councilman Anne Gcrwig, Councilwoman John T. McGovern, Councilman March 25, 2015 Daniel DiMura Shenandoah General Construction Company 1888 NW 22 Street Pompano Beach, Florida 33069 RE: Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract / ITI3 No. 003 -15 /DZ Dear Mr. DiMura: Enclosed please find one executed Agreement for your files. The Village of Wellington looks forward to working with your company on the referenced annual contract. Your Purchasing contact person for questions related to the referenced contract should be directed to Danielle Zembrzuski (Purchasing) at (561) 791 -4107 or dzembrzuskiCa- weliingtonfl.gov Your contact person within the Public Works Department is Bill Conerly (Operations Manager) at (561) 791 -4045 or bconeriy )- wellin_ tq onfl.gov If you have any questions regarding execution of the Contract Documents, please do not hesitate to contact me at (561)791 -4112 or igoodwin(a)-wellingtonfl.gov . Sincerely, iGioodwin Contract Compliance 12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791 -4000 • Fax (561) 791 -4045 www.wellingtonfl.gov AGREEMENT Between VILLAGE OF WELLINGTON and Shenandoah General Construction Company for Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract 1 If THIS AGREEMENT is made and entered into this 4f day of Gr�,�� 1, 2015, between VILLAGE OF WFLLINGTON a Florida municipal corporation, through its Village Council, (hereinafter referred to as "Village "), and Shenandoah General Construction Company a Florida Corporation (hereinafter referred to as "Contractor "), having its principal office at 1888 NW 22 Street, Pompano Beach, FL 33069 for Public Works Annual Drainage Infi•astructure Inspection, Cleaning and Repair Contract (hereinafter referred to as the "PROJECT ") in accordance with the Contract Documents, hereinafter defined. That the Village and Contractor for the consideration hereinafter named, agree as follows: 1. Definitions. a. Council The Village Council, which is the governing body of the Village of Wellington, Florida. b. Designated Representative An authorized repres ntativ of Contractor assigned to represent Contractor on this Project who shall be C. Notice to Proceed A written Notice to Proceed issued by the Project Manager. d. Project Manager: Unless otherwise explicitly stated all contract duties, contract responsibilities, and contract communications of Village shall be made through the Village's Director of Operations or the individual appointed by the Village's Director of Operations. The foregoing sentence shall not apply to Village construction inspections made to assure compliance with applicable regulatory law and which the Village conducts through an independent architect or design professional, in a governmental regulatory capacity. 2. Contract Documents. hi addition to this Agreement, the following documents shall comprise the contract documents ( "Contract Documents "): (a) plans and specifications attached hereto as Exhibit "A ", (b) all Exhibits to this Agreement listed in Paragraph 39 (whether now attached or which will be attached in the future) (c) the performance and payment bond (if applicable); (d) the Notice to Proceed; (e) the Purchase Order, and (f) Modifications issued after execution of this Agreement. All of the Contract Documents, including any not attached hereto, are hereby incorporated by reference and shall be deemed to be of the same force and effect as if actually attached hereto. The Contract Documents shall be interpreted together and in harmony with one another. In the event of a conflict between or among the Contract Documents, whichever document imposes the greater obligation on Contractor shall control. The Contractor must call any such conflict or discrepancy to the Village's attention, in writing. The Contractor shall not proceed when in doubt as to any dimension or measurement but shall seek clarification from the Project Manager. 3. Scope of Work. The Contractor will provide all materials, supervision, light, power, transportation, labor, tools and equipment necessary to complete the work in strict accordance with the Contract Documents, and perform all work that is reasonably inferable therefrom as being necessary to accomplish the intent of the Contract Documents, and as required by the Manufacturer's specifications and all applicable laws, ordinances and rules and regulations of any governing authority including but not limited to the requirements of the Florida Building Code and any amendments thereto. The work to be performed shall hereinafter be referred to as the "Work ". 4. Tenn, Time of Commencement and Completion. The term of the contract shall be for three (3) years from date of award, and by mutual agreement between the Village and the awardee(s), be renewable for two additional one year periods. The time of commencement of the Work shall be the date stated in the Notice to Proceed ("Date of Commencement "). Contractor shall reach Substantial and Final Completion of all Work within the numbers of days specified on the Notice to Proceed, subject to any authorized extensions of time as set forth in this Agreement. All Work shall be performed in an expeditious manner, 5. Liquidated Damages for Delay. The parties agree that time is of the essence in the performance of this Agreement. Substantial Completion of the Work under this Agreement shall be no later than the Substantial Completion date set forth in Article 4, subject to authorized extensions of time as set forth in this Agreement. In the event the Work is not substantially completed by the completion date in Article 4 and has not been extended by Change Order, the Village shall be entitled to collect liquidated damages. Contractor and Village agree that, because of the nature of the Work, the inability of the parties to precisely calculate actual damages for delay and the difficulty of determining these damages, the Contractor shall 2 pay the Village the sum of Five Hundred Dollars ($500.00) for each calendar day in achieving Substantial Completion of the Work. Further, Contractor and Village agree that, because of the nature of the Work, the inability of the parties to precisely calculate actual damages for delay and the difficulty of determining these damages, the Contractor shall pay the Village the sum of 25% of the per diem rate set forth in the preceding sentence as liquidated damages for each and every calendar day of unexcused delay for failure to achieve Final Completion. It is hereby agreed that the amount of the per diem assessment for liquidated damages for the Contractor's failure to achieve Substantial Completion of the Work within the time specified in this Agreement is not a penalty and not excessive in light of the circumstances known to the parties at the time this Agreement is executed. The Village's exercise of its right to terminate this Agreement shall not release the Contractor from its obligation to pay liquidated damages in the amount set forth herein. Such assessments shall be immediately due and payable to the Village or, at the Village's option, may be deducted from future payments that may be due and owing to Contractor. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Village, estimated at or before the time of executing this Agreement. 6. Contract Sum, The Village shall pay the Contractor for the cost of each project, authorized by the Village through the issuance of a Notice to Proceed, based upon the unit prices set forth in the Schedule of Values, inclusive of all licenses, taxes and fees. If any permits are required for the performance of the Work from any governing authorities having jurisdiction over the Project, Contractor shall be responsible for obtaining all required permits and the Village shall pay for the actual cost for such permits as part of the Contract Sum. The Village does not guarantee any minimum amount in contract price nor any minimum number of projects. 7. Payments. Based upon Applications for Payment submitted to and approved by the Project Manager based on Contractor's percentage of completion of the Work in accordance with the Schedule of Values attached as Exhibit "B ", Village shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 7.1 Contractor shall submit its Application for Payment on the 28 of each month. The period covered by each Application for Payment is one month, ending on the 28 of the month. 7.2 Each Application for Payment shall show a complete breakdown the Project components, the quantities completed and the amounts due, together with such data substantiating the Contractor's right to payment and such supporting evidence which may be requested by the Project Manager including, but not limited to: (a) all Subcontractor requisitions; (b) where required by any manufacturers for extended warranties, inspection certificates or other acceptable documentation confirming the acceptable completion of any and all required inspections for the Work performed for which payment is being made; (c) all monthly reports required by any federal, state or local requirements including, but not limited to Davis- Bacon. In addition, as a further condition to payment of each progress payment, Contractor shall submit: (i) a sworn and certified Progress Payment Affidavit, which recites that all laborers, material suppliers and Subcontractors dealing with the Contractor have been paid in full through the date of the prior application for payment, with the exception of disputed payments; (ii) submit partial release of lien from Contractor for the current Application for Payment, submit partial releases of lien from all laborers, material suppliers and Subcontractors through the date of the last payment made, and submit partial releases of lien conditioned only upon payment from all lienors, through the date of the current Application for Payment, and such other evidence that the Village may reasonably require substantiating that all Work which is the subject of each such Application for Payment has been performed. The releases of lien form shall conform to the Florida's Construction Lien Law 713.01 et. seq. and/or Fla. Stat. § 255.05 shall be in such forms as approved by the Project Manager. An updated construction schedule shall be submitted at least monthly to the Village. Submission of the updated construction schedule shall not serve as notice of delays and shall not be construed as Owner's consent to extensions of the Contract Time. Each requisition shall be submitted in triplicate to the Project Manager for approval. 73 The Village shall retain 10% of all sums due in any pay period as retainage. If applicable under Section 218.735, Florida Statutes, after 50 completion of the Work under this Agreement, the Village shall reduce to 5% the amount of retainage withheld from each subsequent progress 3 payment made to the Contractor. The Village is not obligated to reduce the retainage for any amounts that are the subject of a good faith dispute, the subject of a claim brought pursuant to section 218.735, Florida Statutes, section 255.05, Florida Statutes, or for any amounts that are otherwise the subject of a claim or demand by the Village against the Contractor under this Agreement. After 50% completion of the Work, the Contractor may submit to the Village a payment application for up to 50% of the retainage withheld by the Village through the date of the application for payment. The Village shall promptly make such payment to the Contractor unless the Village has grounds to withhold payment for amounts that are the subject of a good faith dispute, the subject of a claim pursuant to section 218.735, Florida Statutes, section 255.05, Florida Statutes, or are otherwise the subject of a claim or demand by the Village against the Contractor. If the Village makes payment of retainage to the Contractor which is attributable to the labor, services, or materials supplied by one or more Subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those Subcontractors and suppliers. Upon the Substantial Completion of the Work, and the completion of the punch list, the amount of retainage shall be reduced to the value of 150% of the total cost to complete any disputed items on the punch list, which shall be deducted from any amounts due. 7.4 The Village may, but shall not be obligated to, upon the issuance of a notice of non- payment by a Subcontractor, supplier or materialmen, or any other lienor, or claimant as defined by §255.05, Florida Statutes, make all or any portion of any progress payment by check payable jointly to the order of Contractor and any lienor giving timely notice, or may make such payment directly to such lienor and deduct said sum from the balance then due Contractor. However, such payment, if made, shall not create any third party beneficiary or other rights in such lienor or claimant, In making such payments to lienors or claimant, the Village shall require such lienor or claimant to execute the applicable release of lien or the Waiver of Right to Claim Against Bond form in accordance with §255.05, Florida Statutes. 7.5 The Project Manager will authorize or reject payment, shall within twenty (20) business days of receipt of Contractor's application for payment authorize or reject payment. If the payment application is rejected by Project Manager as not complying with the requirements of this Article 7, Project Manager shall notify Contractor in writing and specify the deficiency and action necessary to make the application for payment proper. Village will pay Contractor within twenty - five (25) business days of receipt of Contractor's proper and complete Application for Payment, as provided above, unless the Application for Payment was rejected by Project Manager in which event, payment shall be made in accordance with § 218.735(3), Florida Statutes. 7.6 Village may withhold progress payment to such extent as may be necessary on account of . 1 Defective work not remedied. .2 Claims fled or reasonable evidence indicating probable filing of claims by other parties against Contractor. .3 Failure of Contractor to make payments properly to Subcontractors or suppliers or for material or labor. .4 Damage to another Subcontractor, supplier, materiahnen, party, or person not remedied. .5 Liquidated damages pursuant to Article 5 hereof. .6 As -built drawings not being in a current and acceptable state. .7 Any other breach of this agreement by Contractor. When the above grounds are removed or resolved or Contractor provides a surety bond or a consent of surety satisfactory to Village, which will protect Village in the amount withheld, payment may be made in 4 whole or in part, as applicable. 7.7 When the Contractor receives payment from the Village for labor, services or materials furnished by Subcontractor and suppliers hired by the Contractor, the Contractor shall remit payment due those parties within ten (10) days after receipt of payment from the Owner, unless otherwise provided for by Florida Law, 7.8 Final Payment., Requests for final payment shall be accompanied by paid invoices and other back- up material as may be necessary by the Village to substantiate the fwal fee of Contractor. In no instance shall final billing exceed the amount allocated in the Contract Documents. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Village to Contractor when: 1 the Contractor has fully complied with and performed all of its obligations and/or responsibilities under the Contract Documents; .2 all punch list Work has been completed in accordance with the Contract Documents; .3 Contractor has submitted a Contractor's Final Payment Affidavit in a form acceptable to the Project Manager and in accordance with Florida Statutes; .4 Contractor has submitted its unconditional final lien waiver together with final lien waivers from all of its Subcontractors, lienors and suppliers in a form acceptable to the Project Manager; .5 Contractor has obtained all applicable approvals from all governmental and other authorities having jurisdiction over the Work, unless such approvals are being withheld due to causes which are not within the Contractor's responsibility under this Agreement; .6 Contractor has complied with all other express requirements of the Contract Documents and the reasonable requirements of Village as a condition to final payment; .7 Project Manager has approved final payment; .8 Contractor has submitted a certificate of insurance evidencing that the insurance required by the Contract Documents will remain in force after final payment, and will continue through the remaining duration of the Project, and thereafter as required by the Contract Documents; .9 Contractor has delivered all warranties, operational manuals, and instructions in operation as provided by the Contract Documents, not previously delivered; .10 Contractor has delivered all final as- builts; .11 Surety has issued a Consent of Surety to Final Payment; .12 Evidence that any and all claims have been settled; .13 Final meter readings for utilities, a measured record of stored fuel, and similar date as of the date when Village took possession and assumed responsibility for corresponding elements of the Work; .14 Final, liquidated damages settlement statement. 7.9 Upon receipt of written notice from Contractor that the Project or designated Phase thereof is ready for Final Inspection, the Project Manager shall, within ten (10) days, make an inspection 5 thereof. If Project or designated Phase thereof is acceptable under the Contract Documents and the Project fully performed, Project Manager shall approve final payment. 7.10 Village may withhold final payment to such extent as may be necessary on account of . I Defective Work not remedied; .2 CIaims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor; .3 Failure of Contractor to make payments properly to Subcontractors or Consultants or for material or labor; .4 Damage to another Subcontractor, supplier, materialmen, party, or person not remedied; .5 Liquidated damages pursuant to Article 5 hereof; .6 As -built drawings not being in a current and acceptable state; and/or .7 Any other breach of this agreement by Contractor When the above grounds are removed or resolved or Contractor provides a surety bond or a consent of surety satisfactory to Village, which will protect Village in the amount withheld, payment may be made in whole or in part, as applicable. 7.11 If, after the Project has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Project Manager so certifies, Village shall, upon certification of the Project Manager, and without terminating the Contract, make payment of the balance due for that portion of the Project fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 7.12 The making and acceptance of the final payment shall constitute a waiver of all claims by Contractor, except those previously made in writing and identified by Contractor as unsettled at the time of the final application for payment. 7.13 Punch List The Contractor in conjunction with the Project Manager shall develop the punch list, a single list of items limited to minor omissions and defects which are required to render the Work complete and satisfactory in accordance with this Agreement, and the Project Manager shall submit the punch list to the Village in accordance with the time frames set forth herein. The Contractor shall develop the punch list within 30 calendar days after reaching Substantial Completion. The failure to include any corrective work or pending items not yet completed on the punch list does not alter the responsibility of the Contractor to complete all of the Work in accordance with this Agreement. Upon completion of all items on the punch list, the Contractor may submit a payment request for all remaining retainage withheld by the Village. If a good faith dispute exists as to whether one or more items identified on the punch list have been completed pursuant to the Agreement, the Village shall continue to withhold up to 150 percent of the total costs to complete such items. Within ten (10) days of written notification to the Project Manager that all punch list items have been completed, the Project Manager shall inspect the punch list items. if the punch list items have not been completed to the reasonable satisfaction of the Project Manager, and if it is necessary for the Project Manager to reinspect the completion of any punch list items, the Contractor shall be responsible for all fees and costs charged by the Village for making any such reinspections. 6 8, Contractor. Contractor represents that it is a properly qualified and licensed contractor in good standing with the State of Florida and is a Florida corporation in good standing, organized and existing under the laws of the State of Florida. Contractor further represents that it has read, examined and understands the pertinent Contract Documents and is well qualified and able to perform the Work; that it has a sufficient number of qualified personnel to assure timely performance of the Work; that it has the proper tools and equipment to perform the Work; and is financially capable of performing this Agreement; that Contractor has visited the site of the Work, examined the actual job conditions and is familiar with local conditions and all things required that will have a bearing on performance of the Work; that all materials incorporated in the Work will be new unless otherwise specified, and that all Work will be of first quality, free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards may be considered defective. The Contractor shall supervise and direct the Work using its best skill and attention, All Work shall be performed by craftsmen skilled in the trades and application of materials involved, The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work and shall comply with all OSHA regulations regarding job safety and all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety or persons or property. Contractor shall comply with the Trench Safety Standards provided by OSHA's Excavation Safety Standards, 29 CFR § 1926.650 Subpart P and Fla. Stat. §553.60 - §553.64 (1990) (inclusive), The Contractor at all times shall keep the Property free fiom accumulation of waste materials or rubbish caused by its operations. At the completion of the Work Contractor shall remove, at its sole cost and expense, all its waste materials and rubbish from and about the Property as well as its tools and equipment, shall clean all surfaces, and shall leave the Work "broom clean" or its equivalent, except as otherwise specified. Contractor agrees to immediately repair at its sole cost and expense all damages to the Property arising from or relating to Contractor's performance of the Work. 9. Indemni . To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless the Village, and its officers, directors, agents, members and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees at the trial and appellate Ievel, but only to the extent caused by the negligence, recklessness, wrongly or intentionally wrongful conduct, act or omission of the Contractor and other persons employed or utilized by Contractor, any of Contractor's Subcontractors, agents or others for whom the Contractor is responsible, arising from this Contractor its performance. The Village's contributory negligence shall only reduce, but not prevent, the Contractor's obligation to indemnity provided herein. Regardless of the forgoing, this provision shall be limited by Florida Statute 725.06. 10. Subcontracts. No portion of the Work may be subcontracted without the prior written consent of the Village, which consent may be withheld for any reason. It is further agreed that all subcontracts and material and equipment purchase contracts entered into by Contractor or its subcontractors or material suppliers, shall contain a provision stating that the Village may bring claim directly against any subcontractor of Contractor for breach of Contract, warranty rights, quality of workmanship, and create third party beneficiary rights of Village in said agreements, Additionally, nothing contained in this Contract shall constitute an assignment of Contractor's rights against the Village or create any third party beneficiary rights in any subcontractors or material and equipment suppliers of Contractor. The purpose of this provision is to allow the Village, in addition to Contractor, to make claim for damage or indemnification directly against any subcontractors ox material and equipment suppliers that may be ultimately responsible for defects or deficiencies in the Work or materials and equipment. 11. Time & Delays. All time limits stated in the Contract Documents are of the essence in this Agreement. If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, inclement weather, causes beyond the Contractor's control, or by any cause which the Project Manager may determine justifies the delay, then the Contract Time shall be extended by written Change Order for such reasonable time as the Project Manager may determine. All requests for extensions of time other than those associated with changes in the Work, must be submitted in writing to Project Manager within two 2 business days of the event giving rise to the delay. Failure to so request an extension will constitute a waiver of any right for an extension of time. In the event that Contractor is delayed in the progress of the Work, and is granted an extension of time in which to perform the Work; in no instance will Contractor be entitled to increased costs, compensation or damages as a result of delay. All damages that may occur by reason of delay are hereby waived by Contractor. Said claim shall specifically include, among other things, an adjusted critical path schedule reflecting precisely the delay and its claimed impact upon the Contractor's future performance. Claims for adverse weather conditions shall be documented by data substantiating the weather conditions were 7 abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. The parties agree that time is of the essence in the performance of this Agreement 12. Insurance. The Contractor, as a condition of this Agreement and to payment, shall purchase and maintain such insurance as will protect it from claims under Worker's Compensation acts and other employee benefit acts, from claims for damages because of bodily injury, including death and from claims for damages to property which may arise out of or result from the Contractor's operations under this Agreement, whether such operations be by itself or by any subcontractor or anyone directly or indirectly employed by any of them. The Village shall be named as an additional insured in all policies required to be maintained hereunder with the exception of the Worker's compensation insurance and builder's risk insurance. Village shall be a named insurance on all builder's risk insurance. At a minimum, Contractor shall provide the following insurance: 12.1 Workers' Compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy (ies) must include Employer's Liability with limits of Five Hundred Thousand Dollars ($500,000) each accident, Five Hundred Thousand Dollars ($500,000) each disease, and Five Hundred Thousand Dollars ($500,000) aggregate by disease. 12.2 Project Specific Comprehensive General Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability must include: .1 Premises and/or Operations on an occurrence basis. .2 Independent contractors. .3 Products and/or Completed Operations Liability on an occurrence basis. .4 Explosion, Collapse, and Underground Coverages. .5 Broad Form Property Damage. .6 Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. J Personal Injury Coverage with Employees and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 12.3 Business Automobile Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Non -owned and hired vehicles. 12.4 Builder's Risk Insurance fIF APPLICABLE) The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk, "all- risk" or equivalent policy form in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such properly insurance shall be maintained until final payment has been made or until no person or entity other than the Village has an insurable interest in the property required by this Section to be covered, whichever is later. This insurance shall include interests of the Village, Contractor, and all Subcontractors and suppliers in the Project. The Contractor, shall be solely responsible for any deductibles under the builders risk insurance. The policy must be endorsed to provide that the builder's risk will continue to apply until final acceptance of the Project)or 8 additions by the Village, Village shall be a named insured and beneficiary of the builder's risk insurance. 12.5 Notice of Cancellation, Expiration, and/or Restriction: The policy(ies) must be endorsed to provide Village with thirty (30) days advanced written notice of cancellation, expiration, and/or restriction, to the attention of the PROJECT MANAGER, 12300 Forest Hill Blvd., Wellington, FL 33414, 12.6 The Contractor's Certificates of Insurance are attached hereto as Exhibit "C ". Village reserves the right to require a certified copy of such policies upon request. All certificates shall state that Village shall be given thirty (30) days prior written notice of cancellation and/or expiration. 12.7 All policies of Contractor shall contain an endorsement whereby the insurance carriers agree that its insurance is vrimM and not contributory with or in excess of any coverage which the Village has purchased. The Contractor shall be responsible for all deductibles under the insurance policies. The Contractor shall be responsible for all loss or damage to the Work, including the Contractor's materials delivered to site for incorporation therein and all property issued to the Contractor by the Village for use or incorporation in the Work. The Contractor shall waive all rights against the Village for recovery of damages to the extent that these damages are covered by insurance maintained pursuant to the above requirements, and the Contractor shall provide all waivers of subrogation in the endorsements and forms required by the Village. 12.8 Notwithstanding the availability of any insurance listed hereunder, the Contractor shall bear the risk of loss for its acts, errors or omissions pursuant to this Agreement, The Contractor bears all Iiability and risk of loss, for losses and damages arising from any acts, errors, omissions, or negligence on the part of the Contractor and its Subcontractors, including without limitation damages for defective and nonconforming work, and the Contractor and all applicable Subcontractors shall bear the risk and pay for such losses regardless of whether the Contractor should be covered for such losses by any insurance required by this Article. The Contractor bears all liability and risk of loss, for losses and damages arising from acts of god, rain, fire, vandalism or any other causes, other than causes resulting from the negligence of the Village. 13. Correction of Work and Warranty. Contractor warrants to Village that all materials and equipment furnished for the Project will be new unless otherwise specified and that all Work for the Project, will be of good quality, free from faults and defects, fully functional, and in conformance with the Contract Documents. The Work shall be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. All Work for the Project not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor shall, within three (3) working days of written notice from Village, correct any Work that fails to conform to the requirements of the Contract Documents and unconditionally guarantees and warrants that it shall correct at its sole cost and expense any defects due to faulty materials, equipment and/or workmanship which appear within a period of three (3) years from the date of final payment or such longer time required by the Contract Documents for particular items ( the `Extended Warranties")- The Contractor shall bear all costs of correcting such defective work. Contractor and Subcontractor warranties expressly also include all statutory warranties, all of which are specifically and expressly incorporated herein by reference, The Contractor shall also provide warranties from manufacturers for the specified items and systems within the Contract Documents (the "Manufacturers' Warranties "), Warranty Forms shall be attached as Exhibit "D" to this Agreement and may include Extended Warranties. These obligations shall survive termination of this Agreement. If Contractor should default in the performance of any of its warranty obligations, it shall be responsible for all damages, fees or costs incurred by the Village in enforcing the provisions of this Article, including, but not limited to, all attorney's fees, engineering and consulting fees or other expenses incurred. Without limiting the generality of the foregoing, if any warranty repairs are not performed within the specified time, emergency repairs performed by others shall not void the warranty and the Contractor shall reimburse the Village for all costs incurred in connection with the performance of such repairs. This warranty is in addition to and not in lieu of any other warranties, express or implied, which may be provided by law. 14. Changes. Changes in the Work may be accomplished after execution of the Agreement, and without invalidating the Agreement, by Change Order or Construction Change Directive, subject to the limitations stated in this 9 Article 14 and elsewhere in the Contract Documents, Any changes in the Work or any adjustment in the Contract Sum or the Contract Time shall only be made upon written Change Order or Construction Change Directive as provided herein. If Contractor proceeds with such work without obtaining a written change order or Construction Change Directive, it shall be assumed that Contractor has performed such work at no additional charge. The requirement for a writing under this Article cannot be waived. A Change Order shall be based upon agreement among the Project Manager and Contractor and a Construction Change Directive requires directive by the Project Manager and may or may not be agreed to by the Contractor. Among other circumstances, a Construction Change Directive may be issued where the Contractor believes it is entitled to a Change Order or otherwise to an increase in the Contract Sum or Contract Time, but the Village does not agree. In such event, the Contractor is obligated to perform the Work described in the Construction Change Directive in accordance with this Article. Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive. 14.1 Change Orders 14.1.1 A Change Order is a written instrument signed by the Project Manager and Contractor stating their agreement upon all of the following; .1 The change in the Work; .2 The amount of the adjustment, if any, to the Contract Sum; and .3 The amount of the adjustment, if any, to the Contract Time. 14.2 Construction Change Directives 14.2.1 A Construction Change Directive is a written order signed by the Project Manager directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Tune, or both. The Village may by Construction Change Directive, without invalidating the Agreement, order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 14.2.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 14.2.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: 1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 14.2.7. 14.2.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Project Manager of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. Disagreement as to the adjustment to the Contract Sum or Contract Time shall not excuse Contractor from its prompt performance of the Work described in the Construction Change Directive, 14.2.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 10 14.2.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Project Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, the Contractor shall keep and present, in such form as the Project Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 14.2.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; A Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. 14.2.8 Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Project Manager will make an interim determination for purposes of monthly certification for payment for those costs and approve for payment the amount that the Project Manager determines, in the Project Manager's sole judgment, to be reasonably justified. The Project Manager's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim. 15. Compliance with Laws. The Contractor shall give all notices, and warrants and represents that the Work will comply with all federal, state and local laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction over the Work. Contractor shall comply with all ordinances, laws and rules of the State of Florida, Village of Wellington and Palm Beach County applicable to the Work. Contractor shall be liable for any deviation from any laws, ordinances, rules, regulations, and orders of any public authority even if in strict compliance with the Contract Documents. Contractor shall bear sole responsibility for and bear all costs necessary to insure full compliance with the representations contained herein, including, but not limited to any attorney's fees or other expenses incurred by Village in responding to any complaints, citations, court orders, administrative orders or similar governmental edicts or process. The provisions of this paragraph shall survive the termination of this Agreement. 16. Termination. If the Village fails to issue payment for a period outlined in Article 7 through no fault of the Contractor, the Contractor may, after ten (10) days written notice to the Village terminate this Agreement unless the Village cures such default and recover from the Village payment for all work executed including a reasonable profit thereon not to exceed ten percent (10 %), but which sum shall never exceed the contract sum less the cost to complete any remaining Work. This sum shall be Contractor's sole remedy under this Agreement. If the Contractor cannot satisfy the conditions and obligations imposed by the Contract Documents, or breaches any of the terms of this Agreement then the Village may, without prejudice to any right or remedy and after giving the Contractor three (3) days written notice, terminate this Agreement and take possession of the site and of all materials, owned by the Contractor and finish the work by whatever method the Village deems expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Sum exceeds the cost of completing and correcting the Work such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Village. This provision shall in no way limit the Village's right to claims for 11 any additional damages including but not limited to delay and consequential damages. This obligation for payment shall survive termination of this Agreement. The Village may also terminate this Agreement for the Village's convenience and without cause upon three (3) days written notice to Contractor. If the Contractor is terminated for convenience, the Contractor shall be paid for all Work completed through the date of termination, less payments made and any amounts that the Village is entitled to withhold pursuant to the terms of this Agreement and by law. The Contractor waives any and all claims for damages resulting from such termination for convenience, including without limitation anticipated profits and any and all damages. 17. Transfer of Lien. In the event any liens should be filed against the Property by any lienors, in connection with labor or services performed, Contractor shall indemnify and hold Village harmless against all such liens and suits or other proceedings pertaining thereto including any and all costs and attorneys' fees, at both the trial and appellate level. If any such liens are filed then Contractor must forthwith transfer such lien to security in accordance with Florida Statutes. Should Contractor fail to transfer such lien, the Village may, at its option, do so and deduct the amount expended, including all costs and attorney's fees incurred from any payment then due Contractor. 18, BondsfIfApplicable]. 18.1 A Performance and Payment Bond (separate Performance Bond and separate Payment Bond) of the form and containing all the provisions of the Performance and Payment Bond (Performance Bond and Payment Bond forms) attached hereto and made a part hereof. The Payment and Performance Bond required herein shall be in conformance with Florida Statutes 255.05, approved by Village, executed by a surety company shown in the United States Treasury list of approved companies and authorized to do business in the state of Florida, 18.2 The Bonds shall be in the amount of one hundred percent (100 %) of the Contract amount guaranteeing to Village the completion and performance of the Project covered in this Agreement, as well as full payment of all suppliers, material, laborers, or Subcontractors employed pursuant to this Project. 183 Such Bonds shall continue in effect for one (1) year after completion and acceptance of the Project with liability equal to one hundred percent (100 %) of the Contract price, or an additional bond shall be conditioned that Contractor will, upon notification by Village, correct any defective or faulty Work or materials which appear within three (3) years after completion of the Contract. 19. Applicable Law and Venue: Attorney's Fees This Agreement shall be interpreted and construed in accordance with and governed by the Iaws of the State of Florida. Venue for litigation concerning this Agreement shall be in Palm Beach County, Florida. In the event of litigation to settle disputes arising out of this Agreement or the Project, the prevailing party shall be entitled to recover against the other party its cost and expenses, including reasonable attorney's fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 20. Drug -Free Workplace. Execution of this Agreement by Contractor shall serve as Contractor's certification that it either has or that it will establish a drug -free workplace consistent with Chapter 112.0455, Florida Statutes. 21, Conflicts. Contractor shall comply with all conflict of interest provisions found in the Code of Ordinances of Wellington, the Palm Beach County Code of Ethics and Chapter I12, Florida Statutes. Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment related to its performance under this Agreement. Contractor agrees that none of its employees shall, during the term of this Agreement, serve as an adverse or hostile expert witness against Village in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of Village in any such pending or threatened legal or administrative proceeding. The limitations of this Section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding regarding this Agreement. In the event Contractor is permitted to utilize Subcontractors to perform any services required by this Agreement, Contractor agrees to prohibit such Subcontractors, by written contract, from having any conflicts as within the meaning of this Section. 12 22. Public Entity Crime Statement. Contractor acknowledges the existence of Section 287.133(2)(a), Florida Statutes ( "Public Entity Crimes Act "), which provides, in part, 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 on a contract to provide any goods or services to Village, may not submit a bid on a contract with Village for the construction or repair of a public building or public work, may not submit bids on leases of real property to Village, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or Consultant under a contract with Village, and may not transact business with Village in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. Violation of this Section by Contractor shall result in tenmination of this Agreement by Village without penalty. 23. Truth-In-Negotiation Certificate. Signature of this Agreement by Contractor shall act as the execution of a truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original Contract Price and any additions thereto shall be adjusted to exclude any significant sums, by which Village determines the Contract Price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. 24. Records. Contractor shall keep such records and accounts and require any and all architects, Consultants, and Subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement. Such books and records will be available at all reasonable times for examination and audit by Village and for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. 25. In accordance with Palm Beach County Ordinance Number 2011 -009, this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The Contractor has reviewed Palm Beach County Ordinance Number 2011 -009 and is aware of its rights and/or obligations under such ordinance. 26. Village of Wellington's' Purchasing and Procurement Procedures Manual Contractor shall comply with all Contractor requirements of the Village of Wellington's Purchasing and Procurement Procedures Manual as adopted by Resolution No. R2014 -12. 27. Local Preference Except where prohibited by federal or state law, other funding source restrictions, or as otherwise excluded by the Village of Wellington's Local Preference Policy, if Contractor represented itself as a Palm Beach County Local Business or Western Communities Local Business in accordance with the Village of Wellington's Local Preference Policy, Contractor shall be obligated to maintain such status in accordance with eligibility requirements of Village of Wellington's Local Preference Policy through final completion of the Project. In the event Contractor qualified for Local Preference by subcontractor participation, the Contractor shall maintain the local subcontractor(s) identified in its response to the Owner's Invitation to Bid and shall not replace same without the prior written consent of the Owner. In the event Contractor needs to replace a local subcontractor, said subcontractor shall be replaced with another contractor which meets the eligibility requirements of the Village of Wellington's Local Preference Policy, unless expressly agreed in writing by the Owner. 28. Code of Ethics & Conduct If Contractor violates or is a parry to a violation of the Florida Statutes Chapter 112 or the Palm Beach Code of Ethics (Sec. 2 -441 et. seq), Contractor may be in material breach of this Agreement and may be disqualified form bidding on any future bids for work of goods with the Owner. 29. Non - Collusion This Agreement is made without collusion or fraud. No premiums, rebates, or gratuities are permitted with, prior to, or after any delivery of material or provisions of services. Any violation of this provision may result in termination of this Agreement, return of materials or discontinuation of services, and the possible removal of Contractor for bidder lists. 30. Drug -Free Workplace Contractor certifies that it maintains a drug -free work place. 13 31, As part of the Village's National Pollutant Discharge Elimination System (NPDES) requirements, Contractor may be required to achieve training which may include but not be limited to a live presentation and/or video presentation. Contractor is responsible for all costs associated with the training. 32, Traffic Control and Maintenance To the extent applicable, the Contract Sum includes all traffic control and traffic control costs related to the Work. The Maintenance of Traffic Plan and all traffic warning and control devices shall conform to the applicable provisions of the latest editions of the national "Manual On Uniform Traffic Control Devices" (MUTCD), and the 600 series of the Florida Department of Transportation's "Roadway and Traffic Design Standards ". The MOT Plan shall be prepared by a Florida MOT Certified Technician if FDOT standard details are used. If FDOT standard details are not used, a Professional Engineer licensed in Florida shall prepare the MOT Plan. MOT Plans shall be submitted to appropriate agencies for approval. Costs of compliance with this Paragraph are included as part of the Contract Sum. 33. Existing Structures & Utilities All known utilities have been shown on the Plans and Drawings according to the best information available. It is the Contractor's responsibility to contact all owners of structures or utilities above ground, on the surface, or below the ground, within the Project area so that said owners may stake, otherwise make, or protect their facilities. When structures and utilities have been properly shown or marked and are disturbed or damaged in the execution of the Work; they must be repaired immediately in conformance with best standard practice and the approval of the owner of the damaged utility or structure. In the case of structures and utilities which have not been properly shown or located as outlined above and are disturbed or damaged in the prosecution of the Work, take whatever steps are necessary for safety and notify the affected utility owner and avoid any actions which might cause further damage to the structure or utility. Should the Work require repairs, changes, or modifications of the Owner's utilities as well as other utilities, it is the responsibility of the Contractor to provide for the maintenance of continuous water, sewage, electric, telephone and other utility services to all present customers of such utilities, unless approval in writing is secured from the applicable utility company or Owner for interruption of such service. 34. Testing. All tests and analyses, which are called for in the Specifications and/or Drawings to be performed by an Independent Testing Laboratory or otherwise, will be at the Contractor's expense unless otherwise specified, provided the tests and analyses determine that the material(s) and/or Work meets the requirements as specified, All such tests that pass or fail to meet the Project requirements are to be paid by the Contractor. 35. Storage Site The Contractor shall furnish, at its expense, properly zoned area suitable for field offices, material storage and equipment service and storage, as applicable for the Project. The Contractor shall maintain these areas in a clean, orderly condition so as not to cause of nuisance in the area and shall restore the storage areas to its original or better condition, 36, Miscellaneous. Neither parry to this Agreement shall assign the Agreement or sublet it as a whole without the prior written consent of the other. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. The failure of either party hereto to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right as respects further performance. This Agreement may not be amended or modified except by an instrument in writing signed by the party against whom enforcement of such amendment or modification is sought. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and all genders. This Agreement supersedes any prior agreements between the parties with respect to its subject matter. This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto bad signed the same document. All such counterparts shall be construed together and shall constitute one instrument. 37. Notice. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: 14 For VILLAGE For Contractor: Awilda Rodriguez, Village Clerk Daniel DiM1na Village of Wellington Shenandoah General Construction Company 12300 Forest Hill Blvd, 1888 NW 22 Street Wellington, FL 33414 Pompano Beach, Florida 33069 38. The Owner Direct Special Conditions (Sales Tare Information) are incorporated herein by reference. 39. Exhibits Exhibit A Plans & Specifications (if applicable) Exhibit B Schedule of Values Exhibit C Certificate of Insurance Exhibit D Warranty Forms Exhibit E Payment and Performance Bond Forms (if applicable) Exhibit F Form of Certificate of Substantial Completion Exhibit G Form for Application for Payment Exhibit H Bill of Sale Form Exhibit I Affidavit to Owner and Final Release of Leins (Signatures on following page) 15 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement. One counterpart each has been delivered to OWNER, CONTRACTOR, and the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by the ENGINEER on their behalf. OWNER: Village of Wellington _ _ CONTRA TO hen doah General Construction Company By By A _. Bob Margolis, Mayo Attest: Attest: Awilda Rodriguez, Wellington' Jerk { l _ . 0 (SEAL) (CORPORA A APPROVED AS TO FORM AND LEGAL SUFFICIENCY V� V Iage t rney 16 EXHIBIT A PLANS & SPECIFICATIONS 17 GENERAL SPECIFICATIONS AND REQUIREMENTS 1.0 PROJECT SCOPE OF SERVICES The work shall include, but is not limited to, general maintenance/repair services for storm drainage infrastructure (pipes and structures). Work to be performed by the contractor includes, but is not limited to: furnishing all labor, materials, equipment, tools, transportation, maintenance of traffic, supplies, and supervision to complete the authorized work. 2.0 GENERAL A. CONTRACTOR will notify OWNER 48 hours prior to commencement of work. B. OWNER will provide CONTRACTOR access to sites. C. CONTRACTOR shall police all work sites regularly to ensure they are kept free of trash and debris. D. No fuel or equipment may be stored on -site unless approved in advance by the OWNER. E. Prior to engaging in any discussions with other entities, such as the news media, pertaining to the Contract, CONTRACTOR shall notify the OWNER. F. CONTRACTOR will have a supervisor equipped with a radio, phone or paging device so the OWNER will have 24 hour contact if problems arise in field operations. G. CONTRACTOR will make personnel available for emergency work 24 hours a day 7 days a week. H. CONTRACTOR shall not subcontract more than 25% of the contract amount and shall perform a minimum of 75% of the work within their own organization, unless authorized in advance by OWNER. I. Upon receipt of a request for proposal (RFP), by phone or in writing, CONTRACTOR is required to respond within 72 hours or within the time specified in the RFP. 1. CONTRACTOR shall adhere to all OSHA standards. K. CONTRACTOR shall utilize and comply with all Wellington specification and details as found in the current Wellington Engineering Standards Manual. 3.0 CLEANING/PIPE AND HEADWALL REPAIRMIVING Under water inspection of pipes and structures shall be performed by experienced personnel trained in evaluating structural breaks, bad joints, and obstacles, by man entry and/or closed- circuit television. Dive crews shall obey all Occupational Health and Safety Administration (OSHA) rules which apply to confined - spaces and diving operations. The Contractor may not dewater a Wellington or Acme Improvement District —owned drainage system for cleaning or repair purposes without the prior written approval of Wellington. The Contractor may not install a plug in a Wellington or Acme Improvement District drainage system without the prior written approval of Wellington. Before the completion of any project, the Contractor shall reinstate, to original conditions, the Project area affected by the operations. The Contractor is solely responsible for the appropriate, legal disposal of all waste associated with each project. The Contractor is solely responsible for obtaining all permits required to perform the project, as applicable. Any deviations from the work order must be approved in advance and in writing by Wellington of the Acme Improvement District, or their representative designee. The use of a vacuum truck, suction device, or other appliance as approved by Wellington shall be included in the price for cleaning services. Specialty cleaning can only be authorized by prior written approval by Wellington. 18 The Contractor is solely responsible for compliance with all relevant municipal, County, State and Federal regulations in regard to construction practices. The contractor shall use equipment which is safe and maintained in a good workable condition. The Contractor is solely responsible for traffic control at no additional cost to Wellington. The Contractor shall furnish all safety barricades, warning lights and other safety devices as may be necessary and appropriate to offer safe operational practices, and adequately protect the public. All traffic control implemented by the Contractor shall comply with the "Manual on Uniform Traffic Control Devices" standards. 4.0 DIVING INSPECTION AND VIDEO LOGS Wellington may request, pre- and/or post- construction, as part of an inspection, cleaning, installation, slip - lining, or repair of submerged structures or pipes, a DVD or CD of the results of the work to confrrm that said structure or pipe is clear of debris. The price of which shall follow the schedule item as provided in the bid proposal. Such requests for video logs and the subsequent production of the DVD are to verify the work and provide a means of linking the results of inspection to Wellington's Geographic Information System (GIS) for permanent storage and access. At the present time the format has not been determined for recording video inspection logs of its structures. Until the policy of a standard format is adopted the Vendor shall supply any requested video inspection by Wellington. Inspection reports shall be submitted in printed hard copy and when specifically requested by Wellington in an electronic data format. These records shall include BUT NOT BE LIMITED TO THE FOLLOWING: I . Correct address /location of structures (eg. Manholes, catch basins, conflict boxes, pipes, etc.) 2. Pipe size, length and material. 3. Footage locations and descriptions of defects such as obstructions, root intrusion, masonry plugs, offset joints, cracked pipe, holes, collapses, sags, laterals, and /or blockages in the pipe. 4. Audio reporting of observations is important and should be clear and concise. Extensive background noise recorded on the audio inspection report is unacceptable. S. DVD /CD number and index. The original video DVD /CDs, when specifically requested to be produced as [part of an individual project or inspection, shall be forwarded to Wellington with a report and shall become the property of Wellington/ Up to one additional copy will be provided at no cost to Wellington. 5.0 SCHEDULE OF WORK The Contractor shall complete the specified work within time negotiated for each project from the date specified in the Notice to Proceed. The time may be extended due to extenuating circumstances and/or unforeseen circumstances. Any time beyond the negotiated time must be approved in writing in advance by the Contract Administrator or designee. 6.0 PAYMENT Payment for work will be in accordance with the prices set forth in the proposal for the quantity of work performed. Progress payments will be made monthly, based on the work performed during that period. The Contractor will be required to submit a standard Wellington or Acme Improvement District schedule of completion forms for partial payment of accepted work. Specialized pipe rehabilitation services that cannot be adequately provided by the contractor, or resulting from work done under this contract, many be provided by a sub - contractor under the direct supervision of the contract. Such services are to be included in the bid price. If the need for specialized services is encountered during rehabilitation efforts, this will be handled on a case -by -case basis via change order(s). 7.0 EXPLANATION OF TERMS 19 Definition of terms is as follows: A. TV inspection refers to the televised inspection of the pipe interior or structure using remote controlled video equipment or a diver. Payment is by the linear foot of travel within the pipe. The unit price varies according to the pipe diameter. Cleaning refers to removal of enough material to ensure that at least ninety-five percent (95 %) of the pipe capacity is restored. B. Light Cleaning refers to the removal of 1 /a diameters or less of sediment or debris from a section of pipe. This item will be billed, at a minimum, in 10 foot increments and may be mixed with other types of cleaning. The Contractor will provide certification that at least ninety five percent (95 %) of the pipe capacity is restored. The Village of Wellington may request a video inspection. C. Medium Cleaning refers to the removal of between '/a to %2 diameters of sediment of debris from a section of pipe. This item will be billed, at a minimum, in 10 foot increments and may be mixed with other types of cleaning. The Contractor will provide certification that at least ninety-five percent (95 %) of the pipe capacity is restored, The Village of Wellington may request a video inspection. D. Heavy Cleaning refers to the removal of greater than '/2 diameters of sand and/or debris from a section of pipe. This item will be billed, at a minimum, in 10 foot increments and may be mixed with other types of cleaning. The Contractor will provide certification that at Ieast ninety -five (95 %) of the pipe capacity is restored. The Village of Wellington may request a video inspection. E. Specialty Cleaning, such as the removal of masonry plugs, calcite /concrete deposits, roots, or the use of special equipment such as bucket machines will be priced in addition to Light, Medium or Heavy Cleaning as described above, This item will be. billed, at a minimum, in 10 foot increments and may be mixed with other types of cleaning. Specialty Cleaning will only be charged for the footage for which the service was required and for which written approval was authorized. The Contractor must provide certification at completion that at least ninety-five percent (95 %) of the pipe capacity is restored. The Village of Wellington may request a video inspection. F. Or Equal means the minimum capacity /capability for a piece of equipment which can be charged to the Village of Wellington for that item. G. A plug is any obstruction constructed or placed in a structure /pipe to block or limit water flow. H. Prior to any slip- lining, Wellington will provide the Contractor with pipe end details. Said details will include, but are not limited to, such things as the removal or treatment of the existing pipe ends, mitered treatment of the new slip - lining and any headwall/rip -rap improvements as may be required. 8.0 MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Wellington or Acme Improvement District Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. The Vendor will be responsible for obtaining copies of all required manuals, MUITD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be. included on the line item on the bid page, If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 20 SLIP LINING SLIP LINING (CULVERT LINING) A. Slip lining pipes shall be made of high - density polyethylene resins in accordance with the requirements of ASTM A- 3350-02 or later. The cell classification will be 345464C and shall have the Plastic Pipe Institute designation. of PE 3408. The finer pipe shall comply with requirements of ASTM F -714 for dimensions and have a maximum DR of 32.5. The liner pipe shall have a smooth, non - corrugated interior and exterior. The liner shall be resistant to the effects of ultraviolet rays. Slip liner shall be installed in accordance with the installation instructions of the manufacturer or as directed by the engineer. The liner pipe shall be capable of being joined into continuous lengths by an approved method. The joints shall not create as increase in the outside diameter of the liner pipe to eliminate coupling hang -ups. The joints must contain a gasket or sealant and be watertight, capable of handling pressures in excess of 25 feet of head per ASTM D -3212. The joining system for the liner pipe shall be approved by the Proj ect Engineer. Existing culverts shall be cleaned of all debris and any sharp edges repaired. Care shall be taken when installing slip liners in existing pipes with extruding bolts or hardware so as not to score or damage liner. In some cases it may be necessary to place a skid system in the existing culvert to protect the liner from damage during installation. The skid system shall be installed so as to allow the grout to flow completely around the liner. The complete liner shall be grouted the entire length between the old pipe and the new Iiner pipe. The grout shall be foamed with a density of not more than 50 lbs per cubic foot. The grout shall have a strength of 300 psi. The price of the grout is to be included in the linear cost of the slip - lining operation. The unit price paid for pipe liners shall be by the lineal foot and shall include all work performed on existing Slips, i,e.; installing skid systems so damage is minimal and placing grout. SPECIFICATIONS FOR CURED -IN-PLACE PIPE (CIPP) 1. INTENT 1.1 It is the intent of this specification to provide for the reconstruction of pipelines and conduits by the installation of a resin - impregnable flexible tube which is formed to the original conduit by use of a hydrostatic head. The resin is cured using hot water under hydrostatic pressure within the tube. The Cured -In -Place Pipe (CIPP) will be continuous and tight fitting. 2. REFERENCED DOCUMENTS 2.1 This specification references ASTM F1216 (Rehabilitation of pipelines by the inversion and curing of a resin - impregnated tube), ASTM F1743 (Rehabilitation of pipelines by pulled -in -place installation of a cured -in -place thermosetting resin pipe), and STM D790 (Test methods for flexural properties of unrei iforced plastics) which are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and these referenced documents, this specification will govern. 3. PRODUCT, MANUFACTURER/INSTALLER QUALIFICATION REQUIREMENTS 3.1 Since pipeline rehabilitation products are untended to have a 50 year design life, and in order to minimize the Owner's risk, only proven products with substantial successful long term track records will be approved. 3.1.1 For an Installer to be considered, the Installer must satisfy all insurance, financial, and bonding requirements of the Owner, and must have had at least 2 (two) years active experience in the commercial installation of the product bid. Acceptable documentation of these minimum installations must be submitted to the Owner. 21 4. MATERIALS 4.1 Tube — The sewn Tube shall consist of one or more layers of absorbent non -woven felt fabric and meet the requirements of ASTM F1216 or ASTM F1743, Section 5. The tube shall be constructed to withstand installation pressures, have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. 4.1.1 The wetout Tube shall have a uniform thickness that, when compressed at installation pressures, will met or exceed the Design thickness. 4.1.2 The tube shall be sewn to a size that, when installed, will tightly fit the internal circumference and length of the original pipe. Allowance should be made for circumferential stretch during inversion. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized, 4.1.3 The outside layer of the Tube (before wetOUt) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate monitoring of resin saturation during the resin impregnation (wetout) procedure. 4.1.4 The Tube shall be homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers, No material shall be included in the Tube that may cause delamination in the cured CIPP. No dry or unsaturated layers shall be evident. 4.1.5 The wall color of the interior pipe surface of CIPP after installation shall be a lift reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made. 4.1.6 Seams in the Tube shall be stronger than the unseamed felt. 4.1.7 The outside of the Tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 ft. Such markings shall include the Manufacturer's name or identifying symbol. 4.2 Resin — The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy and catalyst system that, when properly cured within the tube composite, meets the requirements of ASTM F1216 and ASTM F1743, the physical properties herein, and those which are to be utilized in the Design of the CIPP for this project. The resin shall produce CIPP which will comply with the structural and chemical resistance requirements of this specification. 5. STRUCTURAL REQUIREMENTS 5.1 The CIPP shall be designed as per ASTM F1216, Appendix Xl. The CIPP design shall assume no bonding to the original pipe wall. 5.2 5.2 The layers of the cured CIPP shall be uniformly bonded. It shall bot be possible to separate any two layers with a probe or point of a knife blade so that the Iayers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work. 5.3 The cured pipe material (CIPP) shall conform to the structural properties, as listed below. MINIMUM PHYSICAL PROPERTIES Cured Composite Propg Test Method per ASTM F1216 (400k Resin) Modulus of Elasticity ASTM D -790 250,000 psi 400,000 psi Flexural Stress ASTM D -790 4,500 psi 4,500 psi 22 5.4 The required structural CIPP wall thickness shall be based as a minimum, on the physical properties in Section 5.5 and in accordance with the Design Equations in the appendix of ASTM F1216, and the following design parameters: Design Safety Factor - Retention Factor for Long -Term Flexural Modulus to be used in Design = 60% Ovality* =2% Enhancement Factor, k = See Section 5.3 Groundwater Depth (above invert)* =ft. Soil Depth (above crown)* =ft. Soil Modulus ** =Psi Soil Density ** 12 pcf Live Load ** – Design Condition (partially or fully deteriorated) * ** =PD 5.5 Refer to the attached Dimensional Ratio table for specific pipe section requirements, based on the pipe condition, depth, ovality, etc, as computed for the conditions shown, using ASTM F1216 Design Equations. 5.6 Any layers of the tube that are not saturated with resin prior to insertion into the existing pipe shall not be included in the structural CIPP wall thickness computation. 6. TESTINGREQLIIREMENTS 6.1 Chemical Resistance – The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. 6.2 Hydraulic Capacity – Overall, the hydraulic profile shall be maintained as large as possible. The CIPP shall have a minimum of the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. 7. INSTALLATION RESPONSIBILITIES FOR INCIDENTAL ITEMS 7.1 It shall be the responsibility of the Owner to locate and designate all access points accessible for the work, and provide rights of access to these points. If a street must be closed to traffic because of the orientation of the pipe, the Owner shall institute the actions necessary to do this for the mutually agreed time period. Contractor shall obtain a hydrant meter from Wellington and shall pay for all potable water used at hydrants for cleaning, inversion and other work items requiring water. 7.2 Cleaning of pipes - The pipes shall be clear of all internal debris and all internal debris that will interfere with the installation of CIPP. 7.3 Inspection of Pipelines – Inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by close circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions which may prevent proper installation of CIPP into the pipelines, and it shall be noted so that these conditions can be corrected. A video tape and suitable log shall be kept for later reference by the Owner, 7.4 Line Obstructions – It shall be the responsibility of the Contractor to clear the line of obstructions such as solids and roots that will prevent the insertion of CIPP. If pre - installation inspection reveals an obstruction such as a protruding connection, dropped joint, or a collapse that will prevent the inversion process, that was not evident on the pre -bid video and it cannot be removed by conventional pipe cleaning equipment, then the Contractor shall make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be 23 approved in writing by the Owner's representative prior to the commencement of the work and shall be considered as a separate pay item. 8. INSTALLATION 8.1 CIPP installation shall be in accordance with ASTM F1216, Section 7, or ASTM F1743, Section 6, with the following modifications: 8.1.1 Resin Impregnation — The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used. To insure thorough resin saturation throughout the length of the felt tube, the point of vacuum shall be no further than 25 feet from the point of initial resin introduction. After a vacuum in the tube is established, a vacuum point shall be no further than 75 feet from the leading edge of the resin. The leading edge of the resin slug shall be as near to perpendicular as possible. A roller system shall be used to uniformly distribute the resin throughout the tube. If the Installer uses an alternate method of resin impregnation, the method must produce the same results. Any alternate resin impregnation method must be approved by the owner. 8.1.2 Tube Insertion — The wetout tube shall be positioned in the pipeline using either inversion or a pull0in method. If pulled into place, a power winch should be utilized and care should be exercised not to damage the tube as a result of pull-in friction. The tube should be pulled -in or inverted through an approved access point and fully extend to the next designated structure or termination point. 8.1.3 Temperature gauges shall be placed inside the tube at the invert level of each end to monitor the temperatures during the cure cycle. 8.1.4 Curing shall be accomplished by utilizing hot water under hydrostatic pressure in accordance with the manufacturer's recommended cure schedule. 9. INSPECTION 9.1 CIPP samples shall be prepared and physical properties tested in accordance with ASTM F1216 or ASTM F1743, Section 8, using either method proposed. The flexural properties must meet or exceed the values listed in Table 1 of the applicable ASTM. 9.2 Wall thickness of samples shall be determined as described in paragraph 8.1.6 of ASTM F1743. The minimum wall thickness at any point shall not be less than 87 1/2 % of the design thickness as calculated in paragraph 5.6 of this documents. 9.3 Visual inspection of the CIPP shall be in accordance with ASTM F1743, Section 8.6. 10. CLEAN -UP 10.] Upon acceptance of the installation work and testing, the Contractor shall restore the project area affected by the operations to a condition at least equal to that existing prior to the work. 11. PAYMENT 1 LIPayment for the work included in this section will be in accordance with the prices set forth in the proposal for the quantity of work performed. Progress payments will be made monthly based on the work performed during that period. 24 EXHIBIT B SCHEDULE OF VALUES 25 SCHEDULE OF VALUES (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON - RESPONSIVE) Item Description Unit Unit Price TV Viewing 1 Storm Drain (Video Camera) Observation 0" -48" Log/Written Report LF $ 4.00 storm Drain (Video Camera) Observation 49" - 72" Log /Written $ 6.00 2 Report LF Plug Installation & Removal (includes Minimum Weekly Rental) for: 3 0" to 12" Week $ 25.00 4 15" to 30" Week $ 150.00 5 36" to 42" Week $200.00 6 48" to 60" Week $400.00 7 72" to 96" Week $2,500.0 Pumping 8 4" Hydraulic Pump (with up to 1000' of discharge hose) Hour $ 15.00 9 6" Hydraulic Pump (with up to 1000' of discharge hose) Hour $ 25.00 10 8" Hydraulic Pump (with up to 1000' of discharge hose) Hour $ 30.0 Cleaning of CMP, RCP, PVC & HDPE (Drainage Pipe) 11 Light Cleaning of 15" Pie LF $ 2.00 12 Medium Cleaning of 15" Pipe LF $ 2.50 13 Heavy Cleaning of 15" Pipe LF $ 5.00 14 Light Cleaning of 18" Pipe LF $ 2.25 15 Medium Cleaning of 18" Pipe LF $ 3.25 16 Heavy Cleaning of 18" Pipe LF $ 6.00 17 Light Cleaning of 24" Pipe LF $ 2.25 18 Medium Cleaning of 24" Pipe LF $ 3.25 19 Heavy Cleaning of 24" Pipe LF $ 7.00 20 Light Cleaning of 30" Pipe LF $ 3.50 21 Medium Cleaning of 30" Pipe LF $ 4.00 22 Heavy Cleaning of 30" Pipe LF $ 9.00 23 Light Cl aning of 36" Pie LF $ 3.50 24 Medium Cleaning of 36" Pipe LF $ 5.50 25 Heavy Cleaning of 36" Pipe LF $ 11.00 . 26 Light Cleaning of 42" Pipe LF $ 6.00 27 Medium Cleaning of 42" Pipe LF $ 8.00 28 Heavy Cleaning of 42" Pipe LF $ 18.00 29 Light Cleaning of 48" Pipe LF $ 7.00 30 Medium Cleaning of 48" Pipe LF $ 10.00 31 Heavy Cleaning of 48" Pipe LF 1 $ 21.0 32 Light Cleaning of 54" Pipe I LF $ 9.00 Page 121 Item Description Unit Unit Price 33 Medium Cleaning of 54" Pipe LF $ 10.75 34 Heavy Cleaning of 54" Pipe LF $ 28.0 35 Light Cleaning of 60" Pipe LF 1 $ 10.0 36 Medium Cleaning of 60" Pipe LF 1 $ 12.75 37 Heavy Cleaning of 60" Pipe LF 34.0 38 Light Cleaning of 66" Pipe LF $ 11.00 39 Medium Cleaning of 66" Pipe LF $ 14.00 40 1 Heavy Cleaning of 66" Pie LF $ 35.0 41 1 Light Cleaning of 72" Pipe LF $ 12.0 42 Medium Cleaning of 72" Pipe LF $ 15.0 43 Heavy Cleaning of 72" Pipe LF $ 47.0 44 Light Cleaning of 84" Pipe LF $ 13.0 45 Medium Cleaning of 84" Pipe LF $ 19.0 46 Heavy Cleaning of 84" Pipe LF $ 53,0 47 Light Cleaning of 96" Pipe LF $ 16.00 48 Medium Cleaning of 96" Pipe LF $ 25,00 49 Heavy Cleaning of 96" Pipe LF $ 65.00 Specialty Cleaning 50 Specialty Cleaning of: 15" Pipe LF $ 10.0 51 Specialty Cleaning of: 18" Pipe LF $ 10.0 52 Specialty Cleaning of: 24" Pipe LF $ 10.0 53 Specialty Cleaning of: 30" Pipe LF $ 16.0 54 Specialty Cleaning of: 36" Pie LF $ 19.0 55 Specialty Cleaning of: 42" Pipe LF $ 20.0 56 Specialty Cleaning of: 48" Pie LF $ 36.0 57 Specialty Cleaning of: 54" Pipe LF $ 40.0 58 Specialty Cleaning of: 60" Pipe LF $ 45.0 59 Specialty Cleaning of: 66" Pipe LF $ 47.0 60 Specialty Cleaning of: 72" Pipe LF $ 50,0 61 S ecialty Cleaning of: 84" Pie LF $ 55.0 62 Specialty Cleaning of: 96" Pipe LF $ 65.0 Slip Lining or Equivalent Elliptical Circumference 63 Slip Lining 15" Pip LF $ 40.00 64 Slip Lining 18" Pipe LF $ 45.00 65 Slip Lining 24" Pipe LF $ 54.00 66 Slip Lining 30" Pipe LF $ 85.00 67 Slip Lining 36" Pipe LF $ 128.00 26 68 1 Slip Lining 42" Pipe LF $ 149.00 69 Slip Llning 48" Pie LF $ 218.00 70 Slip Lining 54" Pipe LF $ 230.00 71 Slip Lining 60" Pipe LF $ 255.00 Item Description Unit Unit Price 72 Slip Lining 66" Pie LF $ 320.00 73 Slip Lining 72" Pipe LF $ 375.00 74 Slip Lining 84" Pipe LF 1$415.00 75 Slip Lining 96" Pipe LF 1$530.00 Cured -in -Place Pipe (CIPP) or Equivalent Elliptical Circumference 76 CIPP 15" Pipe 15 x 6.7 mm (Burial Depth is 0 -6) LF $ 63.00 77 CIPP 15" Pipe 15 x 8.2 mm (Burial Depth is 6 -12') LF $ 68.25 78 CIPP 18" Pipe 8.1 mm (Burial Depth is 0 -6') LF $ 74.55 79 CIPP 18" Pipe 9.7 mm (Burial Depth is 6 -12') LF $ 78.75 80 CIPP 24" Pipe 10.1mm (Burial Depth is 0 -6') LF $ 94.50 81 CIPP 24" Pipe 12.4 mm (Burial Depth is 6 -12') LF $ 98.70 82 CIPP 3D" Pipe 13.5 mm (Burial Depth is 0 -6') LF $ 115.50 83 CIPP 30" Pipe 15.4 mm (Burial Depth is 6 -12') LF $ 120.75 84 CIPP 36" Pipe 17.2 mm (Burial Depth Is 0 -6') LF $ 141.75 85 CIPP 36" Pipe 18.1 mm (Burial Depth is 6 -12') LF $ 157.5 86 CIPP 42" Pipe 20.9 mm (Burial Depth is 0 -6') LF $ 204.7 87 CIPP 42" Pipe 20.6 mm (Burial Depth Is 6 -12') LF $ 204.7 88 CIPP 48" Pipe 25.2 mm (Burial Depth is 0 -6') LF $ 257.2 89 CIPP 48" Pipe 22.6 mm (Burial Depth is 6 -12') LF $ 236.2 90 CIPP 54" Pipe 28.2 mm (Burial Depth Is 0 -6' ) LF $ 430.5 91 CIPP 54" Pipe 24.7 mm (Burial Depth is 6 -12') LF $ 420.0 92 CIPP 60" Pipe 30.3 mm (Burial Depth is 0 -6') LF $ 572.2 93 CIPP 60" Pipe 27.3 mm (Burial Depth is 6 -12) LF $ 546.0 94 CIPP 66" Pipe 31.6 mm (Burial Depth is 0 -6') LF $ 670.0 95 CIPP 66" Pipe 29.1 mm (Burial Depth is 6 -12') LF $ 650.0 96 CIPP 72" Pipe x 30.4 mm LF $ 775.0 97 CIPP 84" Pipe x 35.5 mm LF $ 890.0 98 CIPP 96" Pipe x40.6 mm LF $ 1,050.0 Other Services 99 1 Welding Above & Below Water) H $ 100.00 100 Diving Crew (3 Man Team) Certified Hr $ 450.0 101 Long Stick Tracked Excavator (60' or Greater) Hr $ 125.0 102 Wheel Loader (2.5 yd min) I Hr $ 50.0 27 103 1 Pressure Grout Injection Joints $ 200.00 104 Slit Screen Installation & Removal per 100 ft Ea $ 100.00 105 Maintenance of Traffic Ea $ 250.00 106 Dumptruck (16 CY minimum) Hr $ 40.00 107 Supervisor /Foreman Hr $ 50.00 108 Laborer (Skilled) Hr $ 36.00 109 Air Compressor Hr $ 25.00 110 Vac Truck (minimum 3,200 gallon truck) Hr $ 190,0 Item Notes: *Item numbers 11 through 62 (cleaning of drainage pipes): The unit price for these services shall include the vac truck with all accessories, labors and supervision to conduct cleaning operations, Pipe plugs and pumps shall be charged independently per line items 3 -7 and 8 -10, *Item numbers 101, 102, 107, and 111 (equipment): The unit cost for these items shall include the operator. *Item number 105 (maintenance of traffic): see maintenance of traffic policy. 28 EXHIBIT C CERTIFICATES OF INSURANCE 29 SHENA•2 OP ID: KR ACORO" DATE (MM0D/YYYYI CERTIFICATE OF LIABILITY INSURANCE 1 12/3012014 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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brown 8, Brown of Florida, Inc. PHONE FAX 1201 W Cypress Creek Rd # 130 Arc Na Exr : 954 -7 -2222 Arc Noi: 964- 776 -4446 P.O. Bo %5727 E-MAIL ADDRESS: Ft, Lauderdale, FL 33310.5727 Michael Gorham INSU RERS) AFFORDING COVERAGE NAIC N INSURER A A Mutual Ins. Co. 23396 INSURED Shenandoah General INSURER B:Amerisure insurance Company 19488 Construction Co, Inc, and Shan -Line, LLC INSURER 0 Homeland Ins. Co. of New York 34452 Attn: Margaret Lary INSURER D: American Guar & Liab Ins Co 26247 1888 NW 22nd Street Pompano Beach, FL 33069 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISI NUMBER: THIS 1S 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 BY PAID CLAIMS. INSR TYPE OF INSURANCE A INSR DLSUB POLICYNUMBER MMID IMP OLMICEYAWPy l LIMITS LTR GENERAL UASILRY EACH OCCURRENCE S 1,000,00 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY X CPP20953510002 12/3112014 1213112015 PREM Ea oceulrenc S 100,00 CLAIMS -MADE O OCCUR MEO EXP (Any one person) S 5,00 PERSONAL &ADV INJURY S 1,000,00 GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES KR: PRODUCTS- COMPIOPAGG S 2,000,00( POLICY X PRO LOC S AUTOMOBILEL1ABNdTY C)MOIN $ 1,000,000 B X ANY AUTO CA20953500001 12/31/2014 12131/2015 BODILY INJURY (Per person): S ALL OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS AUTOS X P PER CCI IN HIREDAUTOS X NON -OWNED E S AUTOS S X UMBRELLA LIAO X OCCUR EACH OCCURRENCE S 5,000,000 D EXCESS LIAR CLAIMS•MADE AUC008607100 12/31/2014 12131/2015 AGGREGATE S 5,0 00,000 OEO I X I RETENTION $ 10000 S 14CRRERS COMPENSATION X VJC STATTS , TH. AND EMPLOYERS LIABILITY B ANYPROPRIETORIPARTNERIEXECUTiVE YlN WC2DB07150301 01101/2015 01/01/2018 E.L. EACH ACCIDENT S 1,000,00 OFFICERIMEMBER EXCLUDED? N r A (MandatorylnNH) E.L. DISEASE -EA EMPLOYEE S 1,000,000 ",a, , descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT, S 1,000,000 C Pollution Llab 7930006760003 12131/2014 1213112D15 Each Occ 1,000,000 Retention: 2,500 CLAIMS MADE Aggregate 2,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, Irmura space Is required) Village of Wellington is additional insured as respects the General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION WELLING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Village of Welling T}iE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN 9 g ACCORDANCE WITH THE POLICY PROVISIONS, 12300 Forest Hill Blvd Wellington, FL 33414 AUTHORIZED RREE PRESE14TA71VF ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 30 EXHIBIT D WARRANTY FORMS CONTRACTOR WARRANTY FORM PROJECT: Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract OWNER: VILLAGE OF WELLINGTON CONTRACTOR: Contractors does hereby warrant to the Owner, that all labor and materials furnished, and Work performed in conjunction with the above - referenced project are in accordance with the Contract Documents and authorized modifications thereto, and will be free from defects due to defective labor, materials or workmanship. This warranty commences on the date of Substantial Completion of the entire Project (as defined in the Contract Documents), and expires after the later of three years from the date of Substantial Completion of the entire Project, or such longer time periods for particular items according to the specifications listed in the Contract Documents. The consideration for this warranty is the amount of the Contract to Contractor for the performance of Work. Should any defect or deficiency develop during the warranty period due to improper labor, materials, workmanship or otherwise, the same, including adjacent Work displaced, shall be made good by the undersigned at no expense to the Owner. The Owner will give the Contractor written notice of defective Work. Should Contractor fail to correct defective Work within three (3) calendar days after receiving written notice, the Owner may, at its option, correct defects and charge the Contractor with the costs for such correction. Contractor agrees to pay such charges upon demand. Nothing in the above shall be deemed to apply to Work which has been abused or neglected by the Owner. By: Name and Title: Date: STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _ day of 1 2014 by . He /she (who is personally known to me) /(who has produced as identification) and (did) /(did not) take an oath. My Commission Expires: Notary Public State of Florida at large 31 EXHIBIT F FORM OF CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract BID NO.: CONTRACTOR: DATE OF ISSUANCE: NOTICE TO PROCEED DATE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. Definition of Date of Substantial Completion The Date of Substantial Completion of the work or portion thereof designated by VILLAGE is the date certified by VILLAGE when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents including, but not limited to Article 38, so the Project is available for beneficial occupancy by VILLAGE. A Certificate of Occupancy must be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by VILLAGE, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONTRACTOR By: DATE: Print Name: In accordance with the Agreement, CONTRACTOR will complete or correct the work on the list of items attached hereto within days from Substantial Completion. CONTRACTOR By: DATE: Print Name: VILLAGE accepts the Work or portion thereof designated by VILLAGE as substantially complete and will assume full possession thereof at (time) on (date). VILLAGE OF WELLINGTON By. DATE: Title The responsibilities of VILLAGE and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: 32 EXHIBIT G FORM OF APPLICATION FOR PAYMENT APPLICATION FOR PAYMENT NO. Project: Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract Start Date: Completion Date: Application is made for payment, as hereinafter shown, in connection with this Contract: Total Work to Date — see attached schedule $ _.,___.___ Total Material Suitably Stored — see attached schedule $ Gross Amount Due $ Less %Retainage $ Amount Due to Date $ Less Previous Applications $ Amount Due This Application $ Original Contract Price $ Net Change Orders - Credit $ Subtotal $ Net Change Orders - Debit $ Current Contract Price $ Value of Work Remaining to be Done (Current Contract Amount — Gross Amount Due) $ Contractor's Certification: The undersigned Contractor certifies that (1) all previous progress payments received from Owner on account of Work done under the Agreement referred to above have been applied to discharge in full all obligations of Contractor incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to Owner). Dated: Contractor: Mailing Address: By (Name and Title) State of ) County of )ss Subscribed and Sworn to (or affirmed) before me on this day of by . He /She is personally known to me or has presented as identification. Who being so duly sworn, did depose and say that he /she is of the Contractor above mentioned; that he /she executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct, and complete. Notary Public Signature and Seal Print Notary Name and Commission No. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. WELLINGTON DESIGNEE Date: By: (Name) (Title) 33 EXHIBIT H BILL OF SALE, ABSOLUTE KNOWN ALL MEN BY THESE PRESENTS, that a corporation of _ County, Florida, party of the first part, for an in consideration of the sum of Ten and No /100 ($10.00) lawful money of the United States, to it paid by WELLINGTON, a municipal corporation of the State of Florida, 12300 Forest Hill Boulevard, Wellington, Palm Beach County, Florida 33414, party of the second part, the receipt whereof is hereby acknowledged has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the second party, its executors, administrators and assigns, the following goods and chattels: Project Name Public Works Annual Drainage Infrastructure inspection, Cleaning and Repair Contract consisting of the components set forth in the final schedule of values as described in Exhibit "A ", attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto the said party of the second part, its executors, administrators and assigns forever, AND, it does, for itself and its successors and assigns covenant to and with the said party of the second part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part its successors and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, it has hereunto set its hand and seal this day of 20 Signed, sealed and delivered in the presence of: WITNESSES: Signature Name: Title: Print Name [Corporate Seal] Signature Print Name The foregoing instrument was acknowledged before me this day of 20 by , as of , a (state) corporation, He /She is ❑ personally known to me or ❑ has produced as identification. (stamp) Print Notary Name: 34 EXHIBIT I CONTRACTOR'S AFFIDAVIT TO OWNER AND FINAL RELEASE OF LIENS STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared , who, being by me first duly sworn, on oath depose(s) and say(s): (1) He /she is /they are a (Corporation, Partnership, or Individual) of (State), doing business as , hereinafter called "Contractor ". (2) Contractor heretofore entered into a Contract with Wellington, hereinafter called "Owner" to do Work. (furnish material, labor and services) for Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract, located at Palm Beach County, Florida. (3) Contractor has fully completed construction in accordance with the terms of the Contract, and all lienors have been paid in full, except: NAME OF LIENOR AMOUNT DUE AND UNPAID (4) All Workmen's Compensation claims have been settled and no liability claims are pending, in connection with, arising out of or resulting from the Contractor. (5) Receipt by the Contractor of the final payment, under the aforementioned Contract, shall constitute a full release and discharge by the Contractor to the Owner of any and all claims of the Contractor against the Owner, arising out of, connected with, or resulting from performance of the obligations of the Contractor pursuant to the Contract Documents. (6) The term "Iienor" as used in this affidavit means any person having a lien or a prospective lien, under the Mechanics Lien Law of Florida, on the land and property of the Owner referred to in paragraph (2) of this affidavit. Further, Contractor represents, warrants and covenants that all subcontractors, materialmen and suppliers have been paid in full. The contractor further provides under penalty of petjury that there are no claims of lien on the project. (7) This affidavit is given pursuant to the provisions of Florida Statutes Section 713.06 or Section 255.05, whichever is applicable. Signed and sealed in the presence of (Entity) By: (Seal) Subscribed and Sworn to (or affirmed) before me on this day of by He /she is personally known to me or has presented as identification. Notary Public Signature and Seal Print Notary Name and Commission No. 35 Tm: VILLAGE OF E L L I N G TO N A GREAT HOMETOWN Council Nlanager Bob Nlargolis. Nlayor Paul Schofield John Greene. Vice Mayor Mott Willhite. Councilman I ImNard K. Coate., Jr.. Councilman Anne 6erkvie. CouncilN%onnan ITB No. 003 -15 /D7 Title: Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract Bid Opening Date: February 2, 2015 at 2:00pm Addendum Date: January 21, 2015 ADDENDUM NO. ONE PURPOSE: The purpose of this Addendum/NOTICE is to make changes, additions deletions, revisions, and clarifications to the (ITB) invitation to Bid documents for the Public Works Annual Drainage Infrastructure inspection, Cleaning and Repair Contract. Bidder shall review the Addendum/NOTICE work and requirements in detail and incorporate any effects the Addendum/NIOTICE may have in their proposal price. 1. Question: Are these services a new contract or a re- bid of an existing contract? Response: This is a new contract for the Village of Wellington. 2. Question: If re -bid please supply current contractor(s) name(s) or pool and current prices for each. Response: This is not a rebid. 3. Question: Who drafted the bid document, more importantly the technical specifications? Response: The Village of Wellington drafted the bid documents. Technical specifications were compiled from similar existing contracts throughout Palin Beach County. 4. Question: Is there a current map available showing details of the area work is to be done? Response: No, a map is not available. Many of Wellington's drainage infrastructure is in excess of 30 years old and has not been inspected or cleaned since its original installation. Two years ago the Public Works Department implemented a plan to go through every neighborhood drainage system (structures & piping) and record the findings (video), inspect, clean /repair, if needed. The four to six year plan is to visit each neighborhood beginning with the oldest first. There are several neighborhoods that remain on the program with several thousand feet of drainage lines (15 "to 96" diameter ) and hundreds of structures. 5. Question: Is there a record of what work has been done in the past including but not limited to size of pipe cleaned and how many feet? Response: Yes, 80% of all major conveyance culverts (major road crossings ) have been addressed as well as 3 — 4 developments. 6. Question: How has the work been done in the past on a maintenance schedule or on an "as needed basis" and is there a record of what has been ordered? Response: Past work has been completed both on an as needed basis (depressions in roadways /minor flooding issues etc.) and as stated above neighborhoods are scheduled each year (approx. 2,000 — 4,000 If of piping with structures). Unfortunately, accurate existing as- builts are difficult to procure and this program is assisting us in developing these. Once this bid is awarded we will immediately begin work in the next neighborhood. 12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791 -4000 • Fax (561) 791 -4045 www.wellingtoiifl.gov 7. Question: Page 15, 43.12 refers to this as an RFP, but the cover page refers to the document ad an ITB, which is it? Response: This is an ITB. 8. Question: if this is a bid how will the lowest responsible bidder based on unit prices be determined? As each line item there is no total or number of linear feet for a rate to be extended and totaled? Response: In order to meet the needs of various departments and the best interest of the Village of Wellingtons, awards shall be made to responsive, responsible bidders to create a pool of qualified vendors. When services are needed for projects, the pool of awarded vendors will be invited to provide a quote for that particular project. Vendors will be notified and given a date and time for site inspection. Failure to attend the site inspection, will forfeit the opportunity to quote on that specific project. 9. Question: Section 18 of the agreement; Bonds: Is there a bond required and in what amount? How would the amount be determined if there is no total or quantities to determine a "contract amount" as indicated in 18.3? Response: Bonds are not required. 10. Question: Confirming if our assumption is correct; This does not seem to seem to Bid /RFP to select an "exclusive or sole contractor ", but possibly a "primary contractor with multiple backups ". We are confused by the language used "to create a pool of awarded vendors" in 22.6 but then refers to a "successful bidder" in 25.1? Response: As mentioned above, awards shall be made to responsive, responsible bidders to create a pool of qualified vendors. 11. Question: If the response to #10 is the intent is to create a pool of vendors there is no estimated quantity for a bidder to determine how much work will be required as mentioned numerous times in our questions above. Response: Wellington estimates to spend approximately $200,000 annually utilizing this bid. In order to be kept active in the Awarded Pool of Vendors, vendors should respond to "Request For Quotes" (RFQ) or assigned projects. Failure to respond to five (5) different requests (RFQ or assigned project) may result in vendor being removed from the Awarded Pool of Vendors. A vendor may do one of the following, in order to respond properly to the request: 1. Submit a quote prior to the quote receipt deadline 2. Submission of a "No Bid" notice prior to the quote receipt deadline 3. Written notice of unavailability (Emergency or assigned project) ACKNObGEMENT: Bidder must acknowledge receipt of any and all Addenda in the space provided on the Bidder Sub Tnge)d t. Pailure to do so may result in rejection of the Proposal. All requirements of the proposal documents remain unc s cited herein . Signature of Bidder Acknowledging Receipt of Addendum No. (1) One to be attached in front of Bid 12300 Forest I fill Boulevard • Wellin Florida 33414 • (561) 791 -4000 • Fax (561) 791 -4045 www.wellingtonfl.gov THE VILLAGE OF E L L I N GTO N 19 A GREAT HOMETOWN Council Jlanager Bob Alargolis, Mayor Pahl Seltuliekl John Greene, Vice Mayer Matt willhite, Councilmmn Howard K. Coates, Jr., Councilnrm Anne Gerkvig, CouncihNommn ITB No. 003 -15/DZ Title: Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract Bid Opening Date: February 2, 2015 at 2 :00pnr Addendum Date: January 28, 2015 ADDENDUM NO. TWO PURPOSE: The purpose of this Addendurn/NOTICF, is to make changes, additions, deletions, revisions, and clarifications to the (ITB) Invitation to Bid documents for the Public Works Annual Drainage Infrastructure Inspection, Cleaning and Repair Contract. Bidder shall review the Addendum/NOTICE work and requirements in detail and incorporate any effects the Addendurn/NOTICE may have in their proposal price, 1. Question: Must a bidder bid all bid items on the referenced bid to be deemed responsive? Response: Yes, each bidder must bid on all items on the Schedule of Values. 2. Question: Is there a maximum number of the "pool of qualified vendors" the Village would compile? Response: No, Wellington intends to award to all qualified, responsive, responsible bidders to create a pool of vendors. 3. Question: Can the prices submitted in the bid by potential vendors be adjusted from when a quote is requested by the Village based upon that particular ,job due to size, difficulty, time frame, etc. or is the vendor held to those specific prices given the unknowns? Response: Prices shall be firm for the term of the contract. Vendor shall use prices submitted on the Schedule of Values when submitting a quote for a specific project/job. 4. Question: Is there an engineering report from any work or survey that has been done in the past to provide additional information to a bidder? 5. Response: No, Wellington does not have engineering reports or surveys of past work. ACKN W EbGEMENT: Bidder must acknowledge receipt of any and all Addenda in the space provided on the Bidder Sub n tal Fo m. F ilure to do so may result in rejection of the Proposal. All requirements of the proposal documents remain uncha ged ex t s cited herein. Signature of Bidder Acknowledging Receipt of Addendum No. (2) Two to be attached in front of Bid b , V4 L VC., I � ) � , 12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 741 -4000 • Fax (561) 791 -4045 www.wellingtonfl.gov