HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-028 Temp. Reso. #13417
May 13, 2020
Page 1 of 6
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020- .„2-g
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
THE PIGGY-BACK OF AN AGREEMENT WITH GT
GENERAL CONTRACTORS, LLC, UTILIZING
PRICING FROM AN AGREEMENT OBTAINED
THROUGH A FORMAL COMPETITIVE PROCESS
BY THE CITY OF CORAL SPRINGS, FLORIDA(BID
NO. 19-B-063F) VALID TO AUGUST 20, 2021 AND
ANY SUBSEQUENT RENEWAL OPTIONS MAY BE
EXTENDED BY ANY RENEWAL OPTIONS AS
APPROVED BY THE CITY OF CORAL SPRINGS;
AUTHORIZING AN EXPENDITURE FOR THE
CONTRACT AMOUNT OF $99,726.00, A
CONTINGENCY IN THE AMOUNT OF $29,917.80
WILL BE ADDED TO THE PROJECT ACCOUNT
FOR A TOTAL PROJECT BUDGET OF$129,643.80,
TO REPLACE A 24-INCH WATER VALVE;
AUTHORIZING ADDITIONAL EXPENDITURES NOT
TO EXCEED THE ANNUAL BUDGETED AMOUNT
FOR ADDITIONAL WORK WITHIN THE SCOPE OF
THIS CONTRACT FOR BUDGETED WATER
DISTRIBUTION SYSTEM UPGRADES;
AUTHORIZING AN EXPENDITURE FROM THE
APPROPRIATE ACCOUNTS; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ADMINISTER
THE CONTRACT; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE
CONTRACT RENEWALS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac owns, operates and maintains the water supply,
treatment, and distribution systems along W McNab Road in the vicinity of NW 80th
Avenue; and
Temp. Reso. #13417
May 13, 2020
Page 2 of 6
WHEREAS, the existing water valve at the intersection of W McNab Road and NW
80th Avenue is broken in the closed position which leads to water quality issues; and
WHEREAS, the methods used to maintain water quality in the water distribution
system have required increased City Staff man-hours due to the broken valve; and
WHEREAS, this project will consist of removing the existing broken valve and
replacing with a new valve; and
WHEREAS, the installation of the new valve will provide improved water quality
within the distribution system; and
WHEREAS, the City of Coral Springs competitively solicited Bid No. 19-B-063F for
an Annual Contract for Utility Construction Services which was awarded to GT General
Contractors; and
WHEREAS, Section 6-148(e) provides for purchases of goods or services from
contracts competitively solicited by the federal government, any state of political
subdivision thereof, or any municipality; and
WHEREAS, the city desires to piggy-back the Coral Springs Agreement for the term
of the current Agreement through August 20, 2021 and any subsequent renewal options as
approved by the City of Coral Springs at the discretion of the City a copy of which is
attached hereto as "Exhibit 1"; and
WHEREAS, the City received a quote from GT General Contractors, utilizing line
items from a competitive bid Annual Contract for Utility Construction Services (Bid No. 19-
B-063F), which they currently have with the City of Coral Springs (Contractor's quote and
Temp. Reso. #13417
May 13, 2020
Page 3 of 6
Annual Contract are attached hereto as "Exhibit B to Exhibit 1"); and
WHEREAS, GT General Contractors, LLC possesses the required knowledge and
experience for the McNab Road Valve Replacement Project and has agreed to the Terms
and Conditions, Special Conditions, and Contract Documents for the project; and
WHEREAS, the City of Tamarac currently has$500,000.00 in the Adopted FY 2020
Budget for Water System Distribution System Upgrades; and
WHEREAS, to ensure efficient and rapid response to similar projects in future,
which are within the scope of this Agreement, City Staff recommend approving additional
expenditures not to exceed the budgeted amount for said purpose; and
WHEREAS, it is the recommendation of the Director of Public Services, Financial
Services Director, and the Purchasing and Contracts Manager that the appropriate City
Officials be authorized to execute an Agreement to piggy-back the City of Coral Springs
Contract No. 19-B-063F for Utility Construction Services with GT General Contractors, LLC
through August 20, 2021, and for any subsequent renewal options attached hereto as
"Exhibit 2"; and
WHEREAS, it is the recommendation of the Director of Public Services, Financial
Services Director, and the Purchasing and Contracts Manager that the appropriate City
Officials be authorized to execute an Agreement for the McNab Road Valve Replacement
Project, attached hereto as "Exhibit B to Exhibit 1", incorporated herein and made a
specific part of this Resolution; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
Temp. Reso. #13417
May 13, 2020
Page 4 of 6
the best interest of the citizens and residents of the City of Tamarac to execute an
Agreement to piggy-back the City of Coral Springs Contract No. 19-B-063F for Utility
Construction Services with GT General Contractors, LLC, and to approve the the McNab
Road Valve Replacement Project for a contract amount of$99,726.00 based on the pricing
provided under the City of Coral Springs Contract No. 19-B-063F for Utility Construction
with a contingency in the amount of$29,917.80 that will be added to the project account for
a total project budget of $129,643.80, and to authorize additional expenditures not to
exceed the annual budgeted amount for additional work within the scope of this Agreement
for budgeted Water Distribution System Upgrades.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission hereby approves an Agreement between
the City of Tamarac and GT General Contractors, LLC and the appropriate City Officials
are hereby authorized to execute an Agreement, hereto attached as "Exhibit 2", with GT
General Contractors, LLC, to provide Utility Construction Service through August 20, 2021,
and for any subsequent renewal options and to approve construction services for the
McNab Road Valve Replacement Project, in accordance with terms, conditions and pricing
Temp. Reso. #13417
May 13, 2020
Page 5 of 6
of the City of Coral Springs Contract Bid No. 19-B-063F.
SECTION 3: An expenditure for a contract amount of $99,726.00; a
contingency in the amount of $29,917.80 will be added to the project account for a total
project budget of$129,643.80 is hereby approved, additional expenditures not to exceed th
annual budgeted amount for work within the scope of this Agreement for budgeted Water
Distribution System Upgrades are hereby approved.
SECTION 4: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders not to exceed $65,000.00 per Section 6-147 of the
City Code, and close the contract award including, but not limited to making final payment
within the terms and conditions of the contract and within the contract price.
SECTION 5: The appropriate City Officials are HEREBY authorized to extend
or renew the Agreement GT General Contractors, LLC commensurate with the renewal or
extension of the Agreement by the City of Coral Springs.
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Temp. Reso. #13417
May 13, 2020
Page 6 of 6
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /3 day of 971,--ice ,2020.
/ LI& 11
MICHELLE J. On.IZ—
MAYOR
ATTEST:
JENNIFER JOHNSON, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN �.
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
YffPlit4-
l
SAMUEL S. GOREf ,,CITY ATTORNEY
TAMARAC
City of Tamara The City For Your Life Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
GT GENERAL CONTRACTORS, LLC
THIS AGREEMENT is entered into on/// (cam_ - -7 , 20 ) between the
City of Tamarac , a municipal corporation with principal offices located at 7525 NW 88th Avenue,
Tamarac, Florida 33321 (City) and GT General Contractors, LLC, a Florida Limited Liability
company with principal offices located at 10191 West Sample Road, Suite 103, Coral Springs,
Florida 33065, (Contractor) for the purpose of providing Utility Construction Services to the City
of Tamarac. The parties hereby agree to the following terms and conditions.
1. In return for valuable consideration Contractor shall comply with the terms and
conditions within the City of Coral Springs Annual Contract #19-B-063F for Utility
Construction Services which commenced August 21, 2019 attached hereto as Exhibit A.
All terms and conditions of the contract documents set forth in Exhibit A are incorporated
herein as if set forth in full, except as modified by the proposal specific to the City of
Tamarac as set forth in Exhibit B attached hereto and incorporated herein as if set forth
in full.
2. Upon execution of this Agreement, all references made to the City of Coral Springs
Annual Contract#19-B-063F for Utility Construction Services which commenced August
21, 2019 in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of
Tamarac, and ail terms and conditions of Exhibit A and Exhibit B shall be deemed as
having been implemented for use within the City of Tamarac. It is understood that
wherever the words "agency name" or "agency board name" appear, they shall be read
as "City of Tamarac" and "City of Tamarac Commissioners".
3. Term:
The term of this Agreement shall be concurrent with the term set forth in Exhibit A,
through August 20, 2021 effective on the date of approval of this Agreement. The City
reserves the right to renew this Agreement for up to two (2) additional two (2) year terms
for up to an additional four (4) years, in the event that the Agreement is renewed by the
City of Coral Springs.
4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the
City and the Contractor. In the event of a conflict between these documents, this
Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order.
5. Contract Pricing and Payments:
The Contract Pricing provided in Section 00300-8 "Bid Schedule" of the City of Coral
Springs Contract# 19-B-063F for the Utility Construction Work enumerated in the Scope
of Exhibit A and Exhibit B shall govern for this Agreement. Contractor shall provide
individual quotations on a project basis, utilizing the "Bid Schedule" contained in Exhibit
A. All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII, Chapter 218. Contract pricing shall remain firm through the initial term of the
Agreement as enumerated in the "Instructions to Bidders" Section 23 "Contract
Adjustments" of the original Invitation to Bid Document issued on April 30, 2019 by the
City of Coral Springs. Any requests for increases must be approved by the City of Coral
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
Springs in accordance with the provisions detailed in "Instructions to Bidders" Section 23
"Contract Adjustments".
6. Insurance: In addition to the insurance requirements stated Exhibit A of this Agreement,
Contractor shall obtain at Contractor's expense all necessary insurance in such form and
amount as specified in the original bid document or as required by the City's Risk and
Safety Manager before beginning work under this Agreement including, but not limited
to, Workers' Compensation, Commercial General Liability, and all other insurance as
required by the City. Contractor shall maintain such insurance in full force and effect
during the life of this Agreement. Contractor shall provide to the City's Risk and Safety
Manager certificates of all insurances required under this section prior to beginning any
work under this Agreement. The Contractor will ensure that all subcontractors comply
with the above guidelines and will retain all necessary insurance in force throughout the
term of this agreement. The following minimal insurance coverage shall be provided:
a. Worker's Compensation Insurance: The Contractor shall procure and maintain
for the life of this Agreement, Workers' Compensation. Insurance covering all
employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub-Contractor that
does not have their own Workers' Compensation and Employer's Liability
Insurance. The policy must contain a waiver of subrogation in favor of the City
of Tamarac, executed by the insurance company. Sixty-(60) days notice of
cancellation is required and must be provided to the City of Tamarac via
Certified Mail.
b. Comprehensive General Liability: The Contractor shall procure and maintain,
for the life of this Agreement, Comprehensive General Liability Insurance. This
coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed
Operations and Contractual Liability. This policy shall provide coverage for
death, personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
c. Business Automobile Liability: The Contractor shall procure and maintain, for
the life of the Agreement, Business Automobile Liability Insurance.
d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
e. The City must be named as an additional insured for General Liability coverage
unless Owners and Contractors' Protective Coverage is also provided, or
required. Sixty (60) days written notice must be provided to the City via
Certified Mail in the event of cancellation.
f. The minimum limits of coverage shall be $1,000,000 per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This coverage shall be an "Any Auto"type policy. The City must be listed as an
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City of Tamarac The City For Your Life Purchasing and Contracts Division
Additional Insured under the Policy. Sixty (60) days written notice must be
provided to the City via Certified Mail in the event of cancellation.
g. In the event that sub-contractors used by the Contractor do not have
insurance, or do not meet the insurance limits, Contractor shall indemnify and
hold harmless the City for any claim in excess of the sub-Contractors'
insurance coverage, arising out of negligent acts, errors or omissions of the
sub-contractors.
h. Contractor shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been
approved by the City.
i. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to add
the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
7. Indemnification:
a. The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting from,
arising out of or occurring in connection with the operations of the Contractor
or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful
misconduct of the City or its elected or appointed officials and employees.
The above provisions shall survive the termination of this Agreement and
shall pertain to any occurrence during the term of this Agreement, even
though the claim may be made after the termination hereof.
b. Upon completion of all services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
c. The Contractor shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
d. The City and Contractor recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Contractor and requires a specific consideration be given there for. The Parties
therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of
which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by Contractor.
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The City For Your Life Purchasing and Contracts Division
Furthermore, the City and Contractor understand and agree that the covenants
and representations relating to this indemnification provision shall serve the
term of this Agreement and continue in full force and effect as to the City's and
the Contractor's responsibility to indemnify.
e. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement.
f. Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
8. Non-Discrimination & Equal Opportunity Employment:
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, or disability if qualified.
The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity or expression, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor and its subcontractors shall agree to post in
conspicuous places, available to its employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply with this nondiscrimination
clause.
9. Independent Contractor:
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall
retain sole and absolute discretion in the judgment of the manner and means of carrying
out Contractor's activities and responsibilities hereunder provided, further that
administrative procedures applicable to services rendered under this Agreement shall be
those of Contractor, which policies of Contractor shall not conflict with City, State, or
United States policies, rules or regulations relating to the use of Contractor's funds
provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that it has
made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. This Agreement shall not be construed as creating any
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TAMARAC
The City For Your Life Purchasing and Contracts Division
joint employment relationship between the Contractor and the City and the City will not
be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
10. Assignment and Subcontracting:
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
11. Termination:
a. Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Contractor
for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related
to termination. In the event that the Contractor abandons this Agreement or
causes it to be terminated, Contractor shall indemnify the city against loss
pertaining to this termination.
b. Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Contractor neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall
continue for a period of thirty (30) days after receipt by Contractor of written
notice of such neglect or failure.
12.Public Records
a. The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
1. Keep and maintain public records required by the City in order
to perform the service;
2. Upon request from the City's custodian of public records,
provide the public agency with a copy of the requested records
or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the
contractor does not transfer the records to the City.
4. Upon completion of the contract, transfer, at no cost to the City,
all public records in possession of the Contractor, or keep and
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TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
maintain public records required by the City to perform the
service. If the Contractor transfers all public records to the City
upon completion of the contract, the Contractor shall destroy
any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion
of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from
the City's custodian of public records in a format that is
compatible with the information technology systems of the City.
b. During the term of the contract, the Contractor shall maintain all books,
reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The
form of all records and reports shall be subject to the approval of the City's
Auditor. The Contractor agrees to make available to the City's Auditor,
during normal business hours and in Broward, Dade or Palm Beach
Counties, all books of account, reports and records relating to this contract.
13.Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S.
287.135 and F.S. 215.473, Contractor certifies that Contractor is not participating in
a boycott of Israel. Contractor further certifies that Contractor is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies
with Activities in Sudan List, and not on the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City will
not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to Contractor of the
City's determination concerning the false certification. Contractor shall have five (5)
days from receipt of notice to refute the false certification allegation. If such false
certification is discovered during the active contract term, Contractor shall have
ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If
Contractor does not demonstrate that the City's determination of false certification
was made in error then the City shall have the right to terminate the contract and
seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
14. Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the
City of Tamarac in the annual budget for each fiscal year of this Agreement, and is
subject to termination based on lack of funding.
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TAMARAC
The City For Your Life Purchasing and Contracts Division
15.Venue:
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
16. Signatory Authority:
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
17. Non-Exclusive Agreement:
Inasmuch as this Agreement was entered into with the Contractor mutually exclusive of
any action taken by the City of Tamarac, Contractor agrees that this Agreement shall not
serve as an exclusive Agreement between the City and Contractor, and that the City
reserves the right to enter into agreements with other contractors to perform similar
services without penalty.
18. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
19. No Construction Against Drafting Party:
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against
the party drafting this Agreement concerning its construction, interpretation or otherwise
accrue to the benefit of any party to the Agreement, and each party expressly waives the
right to assert such a presumption in any proceedings or disputes connected with,
arising out of, or involving this Agreement.
20. Notice:
Any notice, demand, communication, or request required or permitted hereunder shall be
in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or
ground courier services or by messenger service, addressed to the party for whom it is
intended at the following addresses.
CITY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
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TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
GT General Contractors, LLC
10191 W. Sample Road, Suite
Suite 103
Coral Springs, FL 33065
ATTN: Antonio Jose Assenza,
President
(954) 225-3391
21. Public Records Custodian:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
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TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
President duly authorized to execute same.
\\`"1 i 1 i"/,, CITY OF TAMARAC
���� Mich Ile J. Gomez, Mayor
: \)
Lt.17.; ., Date
ATTEST: ���,, no' ` Michael C. Cernech, City Manager
3 -
Jen fer nson, C Date
CI k
.J - c 7- IZoao Approved as to form and gal sufficiency:
Date City) i'
ey
Date
ATTEST: GT GENERAL CONTRACTORS, LLC
Company Name
Signat a of S cretary Sign re of F'r side�t
Antonio Jose Assenza
Antonio Assenza
Type/Print Name of Corporate Secy. President
3// y 2 6.2• cam
(CORPORATE SEAL) Date
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TAMARAC
The City For Your Life Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA :
SS
COUNTY 04/Lk,/
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Antonio
Jose Assenza, President of GT General Contractors, LLC a Florida Limited Liability Company,
to me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the sam .
WITNESS my hand and official seal this/CJ day of -
Si ature of Notary Public
f� State of Floridar at
Large
F:VAWUNA CVJI Vitt-V(�
` • # U"' "` Print, Type or Stamp
2026
Name of Notary Public
V❑ rsonally known to me or
Pro ced Identification
F%rSa ilQ /__rcPflsc
Type of I.D. Produced
❑ DID take an oath, or
Er—ISID NOT take an oath.
Exhibit A
AGREEMENT BETWEEN CITY OF CORAL SPRINGS AND GT GENERAL
CONTRACTORS,LLC FOR ANNUAL CONTRACT FOR UTILITY CONSTRUCTION
SERVICES
THIS AGREEMENT,made and entered into the j�i day of A[ l , 2019,
by and between:
CITY OF CORAL SPRINGS,FLORIDA
a municipal corporation
9500 West Sample Road
Coral Springs,Florida 33065
(hereinafter referred to as"CITY")
and
GT GENERAL CONTRACTORS,LLC
a Florida limited liability company
10191 West Sample Road, Suite 103
Coral Springs,Florida 33065
(hereinafter referred to as "CONTRACTOR")
WHEREAS, on April 30, 2019, CITY issued Invitation to Bid 19-B-063F for an annual
contract for utility construction services(hereinafter"ITB"); and
WHEREAS, CITY staff has reviewed the bids and recommends that CONTRACTOR be
selected for the services identified in the ITB,incorporated herein as Exhibit"A"; and
WHEREAS, CITY Commission concurs with the recommendation of CITY staff; now,
therefore
IN CONSIDERATION of the mutual covenants and undertakings and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
do mutually covenant and agree as follows:
SECTION 1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated into this Agreement.
SECTION 2. PURPOSE
2.01 CITY hereby retains CONTRACTOR to provide an annual contract for utility
construction services.
2.02 CONTRACTOR agrees that should the work performed by CONTRACTOR not meet
CITY's standards or be to the satisfaction of CITY, CONTRACTOR shall be required to redo
Page 1 of 15
services described above, or perform any corrective measured that CITY, in its sole discretion,
deems appropriate.
2.03 In the event that CONTRACTOR damages any property of CITY, CONTRACTOR
agrees that it should be responsible to repair or replace the damaged property and that the
property shall be restored to its original condition.
SECTION 3. SCOPE OF WORK
Subject to the terms and conditions of this Agreement, CITY hereby retains CONTRACTOR to
provide the services detailed in the Scope of Work, attached hereto and incorporated herein as
Exhibit"B".
SECTION 4. RESPONSIBILITIES OF CITY
CITY shall:
A. Provide information,data, decisions and any and all requested materials.
B. Assist CONTRACTOR with the preparation of any and all projects when such relates to
CITY's responsibilities.
C. CITY shall use its best efforts in cooperating with CONTRACTOR in providing the
information and documentation necessary to CONTRACTOR in the performance of services
under this Agreement.
SECTION 5. COMPENSATION
5.01 CITY agrees to pay to CONTRACTOR the amounts shown on the Bid Schedule for the
services designated in the ITB.
5.02 All payments for services shall be in accordance with the cost as designated in the Bid,
attached hereto and incorporated herein as Exhibit "C", and invoiced by CONTRACTOR per
purchase order.
SECTION 6. TERM OF AGREEMENT
6.01 This Agreement will commence on August 21, 2019 and shall terminate on August 20,
2021, unless otherwise terminated pursuant to Section 7 of this Agreement. CITY reserves the
right to renew this contract for two (2) additional two (2) year period(s) based on
CONTRACTOR'S acceptable level of performance and approved and available funding.
6.02 Failure to achieve timely final completion on Purchase Orders shall be regarded as a
breach of this Agreement and subject to the appropriate remedies, including but not limited to,
liability for liquidated damages in accordance with Section 24 of this Agreement, unless
otherwise terminated pursuant to Section 7 of this Agreement.
Page 2 of 15
SECTION 7. TERNIINATION
7.01 Upon seven (7) calendar days written notice delivered by certified mail, return receipt
requested, to CONTRACTOR, CITY may, without cause and without prejudice to any other
right or remedy, terminate the Agreement for CITY's convenience whenever CITY determines
that such termination is in the best interest of CITY. Where the Agreement is terminated for the
convenience of CITY the notice of termination to CONTRACTOR must state that the
Agreement is being terminated for the convenience of CITY under the termination clause and the
extent of termination. Upon receipt of the Notice of Termination for convenience,
CONTRACTOR shall promptly discontinue all work at the time and to the extent indicated on
the Notice of Termination, terminate all outstanding subcontractors and purchase orders to the
extent that they relate to the terminated portion of the Agreement and refrain from placing
further orders and subcontracts except as they may be necessary, to complete any continued
portions of the work.
7.02 In the event CON TRACTOR shall default in or violate any of the terms, obligations,
restrictions or conditions of this Agreement, CITY shall give CONTRACTOR written notice by
certified mail of the default and that such default shall be corrected or actions taken to correct
such default shall be commenced within ten (10) calendar days thereof. In the event
CONTRACTOR has failed to correct the condition(s) of the de
fault or the default is not
remedied to the satisfaction and approval of CITY, CITY shall have all legal remedies available
to it, including, but not limited to,termination of this Agreement in which case CONTRACTOR
shall be liable for all re-procurement costs and any and all damages permitted by law arising
from the default and breach of this Agreement.
SECTION 8. INDEMNIFICATION
8.01 The parties agree that one percent (1%) of the total compensation paid to
CONTRACTOR for services rendered during the term of this Agreement shall be construed as
specific consideration for the indemnification agreement stated as follows: CONTRACTOR
agrees to indemnify, defend, save and hold CITY, its officers, agents and employees, harmless
from any and all claims, damages, liability, losses, causes of action of any nature whatsoever,
which may arise out of, in connection with, or because of the services of CON TRACTOR
specifically including improper or inadequate supervision instruction and/or the use,
maintenance or operations of CONTRACTOR under this Agreement or the breach of this
Agreement by CONTRACTOR.
8.02 CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection therewith,including but not limited to, attorney's fees and costs
to defend all claims or suits, in the name of CITY when applicable and shall pay all costs and
judgments which may issue thereon.
8.03 CITY reserves the right to select its own legal counsel to conduct any defense in any such
proceeding and all costs and fees associated therewith shall be the responsibility of
CONTRACTOR under this indemnification agreement.
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8.04 Such indemnification shall not be limited to the amount of comprehensive general
liability insurance which CONTRACTOR is required to obtain under this Agreement. Nothing
contained herein is intended nor shall be construed to waive CITY's rights and immunities under
the common law or Florida Statutes 768.28, as amended from time to time.
8.05 PATENT AND COPYRIGHT INDEMNIFICATION: CONTRACTOR shall indemnify,
save and hold harmless, CITY, its officers, agents and employees from all claims, damages,
losses, liabilities and expenses arising out of an alleged infringement of copyrights,patent rights,
the unauthorized or unlicensed use of any material,property or other work in connection with the
performance of the services provided pursuant to this Agreement.
SECTION 9. SCRUTINIZED COMPANIES
CONTRACTOR understands that pursuant to Section 287.135, a company is ineligible to, and
may not, bid on, submit a proposal for, or enter into or renew a contract with CITY if
CONTRACTOR is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, as amended, or is engaged in a boycott of Israel.
Additionally, CONTRACTOR understands that if the consideration for this Agreement exceeds
one million dollars at the time of bidding on, submitting a proposal for, or entering into or
renewing such contract, and CONTRACTOR is on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, created pursuant to Section 215.73, Florida Statutes, as amended, or is engaged in business
operations in Syria, that CONTRACTOR is ineligible to, and may not bid on, submit a proposal
for, or enter into or renew a contract with CITY.
By entering into this Agreement, CONTRACTOR certifies that CONTRACTOR and its
principals and/or owners are not listed on the Scrutinized Companies that Boycott Israel List,
Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or is engaged in business operations with Syria.
In the event that CONTRACTOR is placed on the Scrutinized Companies that Boycott Israel
List, engaged in a boycott of Israel, Scrutinized Companies with Activities in the Sudan List,
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or is engaged in
business operations with Syria, CITY may immediately terminate this Agreement without any
liability to CONTRACTOR notwithstanding any other provision in this Agreement to the
contrary.
SECTION 10. INSURANCE
10.01 CONTRACTOR shall secure and maintain, at its own expense, and keep in effect during
the full term of this Agreement, a policy or policies of insurance, which must include the
following coverages and minimum limits of liability:
(1) Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Jones
Act. Employer's Liability Insurance shall be provided with a minimum of two hundred thousand
Page 4 of 15
and xx/100 dollars ($200,000.00)per accident. CONTRACTOR agrees to be responsible for the
employment, conduct and control of its employees and for any injury sustained by such
employees in the course of their employment.
(2) Commercial Automobile Liability Insurance for all owned, non-owned and hired automobiles
and other vehicles used by CONTRACTOR in the performance of the obligations of this
Agreement with the following minimum limits of liability with no restrictive endorsements:
$1,000,000.00 Combined Single Limit,per occurrence,Bodily Injury&Property Damage
(3) Comprehensive General Liability (occurrence form) with the following minimum limits of
liability with no restrictive endorsements:
$1,000,000.00 Combined Single Limit, per occurrence, Bodily Injury & Property Damage.
Coverage shall specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage Liability:
(a) Premises and Operations.
(b) Independent Contractors.
(c) Product and Completed Operations Liability.
(d) Broad Form Property Damage.
(e) Broad Form Contractual Coverage applicable to the Agreement and specifically insuring
the indemnification and hold harmless agreement contained in Section 8 of the
Agreement.
(f) Owner's or Contractor's Protective Liability.
10.02 UPON CONTRACT EXECUTION, CONTRACTOR SHALL SUBMIT TO CITY
COPIES OF ITS CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED
COVERAGES AND SPECIFICALLY PROVIDING THAT CITY OF CORAL SPRINGS
IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED WITH
RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF
CONTRACTORS UNDER THE AGREEMENT. Insurance companies selected must be
acceptable to CITY. All of the policies of insurance so required to be purchased and maintained
shall contain a provision or endorsement that the coverage afforded shall not be canceled,
materially changed or renewal refused until at least thirty (30) calendar days written notice has
been given to CITY by certified mail.
10.03 These insurance requirements shall not relieve or limit the liability of CONTRACTOR.
CITY does not in any way represent that the types and amounts of insurance required hereunder
are sufficient or adequate to protect CONTRACTOR's interests or liabilities but are merely
minimum requirements established by CITY's Risk Management Coordinator. CITY reserves
the right to require any other insurance coverages that CITY deems necessary depending upon
the risk of loss and exposure to liability.
Page 5 of 15
10.04 The required insurance coverage shall be issued by an insurance company authorized and
licensed to do business in the State of Florida, with the minimum rating of B+ to A+, in
accordance with the latest edition of A.M. Best's Insurance Guide.
10.05 CONTRACTOR shall require each of its sub-contractors of any tier to maintain the
insurance required herein (except as respects limits of coverage for employers and public
liability insurance which may not be less than Two Million ($2,000,000) Dollars for each
category), and CONTRACTOR shall provide verification thereof to CITY upon request of
CITY.
10.06 All required insurance policies shall preclude any underwriter's rights of recovery or
subrogation against CITY with the express intention of the parties being that the required
insurance coverage protects both parties as the primary coverage for any and all losses covered
by the above described insurance.
10.07 CONTRACTOR shall ensure that any company issuing insurance to cover the
requirements contained in this Agreement agrees that they shall have no recourse against CITY
for payment or assessments in any form on any policy of insurance.
10.08 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an
Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is named as
an additional named insured shall not apply to CITY. CITY shall provide written notice of
occurrence within fifteen(15)working days of CITY's actual notice of such an event.
10.09 CONTRACTOR shall not commence performance of its obligations under this Agreement
until after it has obtained all of the minimum insurance herein described and the same has been
approved.
10.10 Violation of the terms of this Section and its subparts shall constitute a breach of the
Agreement and CITY, at its sole discretion, may cancel the Agreement and all rights, title and
interest of CONTRACTOR shall thereupon cease and terminate.
SECTION 11. ACCIDENT PREVENTION
CONTRACTOR shall exercise reasonable care and precaution at all times for the protection of
persons and property on the premises provided under this Agreement. Safety provisions of all
applicable laws and ordinances shall be strictly observed. CITY reserves the right to expel any
person from municipal property who is causing a disturbance, is conducting themselves in
violation of CITY rules, regulations, ordinances or whose conduct or activity presents a safety
risk or public nuisance. Neither CITY nor any of its officers, agents or employees shall be liable
to CONTRACTOR for any damages that may be sustained by CONTRACTOR through exercise
by City of such right.
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SECTION 12. INDEPENDENT CONTRACTOR STATUS
CONTRACTOR and its employees, volunteers and agents shall be and remain as independent
contractors and not agents or employees of CITY, with respect to all of the acts and services
performed by and under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint undertaking or venture
between the parties hereto.
SECTION 13. NON-EXCLUSIVITY
This Agreement is considered a non-exclusive Agreement between the parties. CITY shall have
the right to purchase the same kind of goods and/or services to be provided by CONTRACTOR
hereunder from other sources during the term of this Agreement.
SECTION 14. COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and lawful
orders of the United States of America, State of Florida, City of Coral Springs and of any other
public authority,which may be applicable to this Agreement.
SECTION 15. PERMITS,FEES AND LICENSES
CONTRACTOR shall secure and pay for all permits and governmental fees,licenses and charges
necessary for the proper execution and completion of the work.
SECTION 16. TAXES
CONTRACTOR agrees to pay all applicable sales, consumer use and other similar taxes required
by law.
SECTION 17. CONFLICT OF INTEREST
17.01 CONTRACTOR covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with this Agreement has any personal financial
interests, direct or indirect, with CITY. CONTRACTOR further covenants that, in the
performance of this Agreement, no person having such conflicting interest shall be employed.
Any such interests, on the part of CON 11tACTOR or its employees, must be disclosed in writing
to CITY.
17.02 CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of City of
Coral Springs, Broward County and the State of Florida, Chapter 112, Florida Statutes, as
amended from time to time, and agrees that it will fully comply in all respects with the terms of
said laws.
17.03 CONTRACTOR warrants that it has not employed or retained any person employed by
CITY to solicit or secure this Agreement and that it has not offered to pay, paid,or agreed to pay,
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any public official or person employed by CITY any fee, commission,percentage, brokerage fee
or gift of any kind,contingent upon or resulting from the award of this privilege.
SECTION 18. WARRANTIES
18.01 CONTRACTOR warrants to CITY that the services performed hereunder shall be
performed in a workmanlike manner, and that such services, including all materials and
equipment provided shall conform to professional standards of care and practice in effect at the
time the work is performed, be of the highest quality and free from fault and defects, whether
patent or latent, and be merchantable and fit for the ordinary purposes for which they are
intended.
18.02 CONTRACTOR warrants to CITY that it shall comply with all applicable federal, state
and local laws,regulations and orders in carrying out its obligations under this Agreement.
18.03 CONTRACTOR warrants to CITY that the consummation of the services set out in this
Agreement shall not result in the breach of any term or provision of or constitute a default under
any indenture,mortgage,contract or agreement to which CONTRACTOR is a party.
18.04 CONTRACTOR warrants that it does not have any financial interest in marketing
CITY's debt, or financial interest with investment banks, banks or underwriters associated with
CITY's proposed debt issues.
18.05 CONTRACTOR warrants to CITY that it is not insolvent, it is not in bankruptcy
proceedings or receivership,nor is it engaged in or threatened with any litigation or other legal or
administrative proceedings or investigations of any kind which would have an adverse effect on
its ability to perform its obligations under this Agreement.
18.06 No warranty,express or implied, may be modified, excluded or disclaimed in any way by
CONTRACTOR. All warranties shall remain in full force and effect subsequent to the provision
of all specified services and/or the duration of this Agreement.
SECTION 19. ASSIGNMENT
19.01 CONTRACTOR shall not assign, or transfer its rights, title or interests in the Agreement
nor shall CONTRACTOR delegate any of the duties and obligations undertaken by
CONTRACTOR without CITY's prior written approval.
19.02 Changes in Staff. CONTRACTOR will advise CITY not less than thirty (30) days in
advance of any proposed changes in CONTRACTOR's staff assignment to enable CITY an
opportunity to discuss such proposed changes with CONTRACTOR.
SECTION 20. INSOLVENCY
In the event that either party shall become insolvent, make a general assignment for the benefit
of creditors, suffer or permit the appointment of a receiver for its business or its assets or shall
Page 8 of 15
avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any
other statute of any state relating to insolvency or the protection of rights of creditors,or become
subject to rehabilitation, then, at the option of the other party and immediately upon written
notice,this Agreement shall terminate and be of no further force and effect.
SECTION 21.NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Agreement, CONTRACTOR shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national origin.
CONTRACTOR will take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national original. Such action must
include, but not be limited to, the following: employment, upgrading; demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. CONTRACTOR shall agree
to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this non-discrimination
clause.
SECTION 22. RECORDS AND AUDIT
22.01 CITY reserves the right to audit the records of CONTRACTOR relating to this
Agreement any time during the performance and term of the Agreement and for a period of three
(3)years after completion and acceptance by CITY. If required by CITY, CONTRACTOR shall
agree to submit to an audit by an independent certified public accountant selected by CITY.
CONTRACTOR shall allow CITY to inspect, examine and review the records of
CONTRACTOR at any and all times during normal business hours during the term of this
Agreement.
22.02 IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT CITY OF CORAL SPRINGS, DEBRA THOMAS, CMC,
CITY CLERK, 9500 WEST SAMPLE ROAD, CORAL SPRINGS, FLORIDA
33065, DTHOMAS(i CORALSPRINGS.ORG, TELEPHONE NUMBER (954)
344-1067.
22.03 CONTRACTOR understands, acknowledges and agrees that CONTRACTOR shall,
pursuant to Section 119.0701,Florida Statutes, as amended from time to time, do the following:
(1) Keep and maintain public records required by CITY to perform the service.
(2) Upon request from CITY'S custodian of public records, provide CITY with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
Pam 9 of 15
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law or CITY policy.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if CONTRACTOR does not transfer
the records to CITY.
(4) Upon completion of the contract, transfer, at no cost,to CITY all public records in
possession of CONTRACTOR or keep and maintain public records required by CITY to perform
the service. If CONTRACTOR transfers all public records to CITY upon completion of the
contract, CONTRACTOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps
and maintains public records upon completion of the contract, CONTRACTOR shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to CITY, upon request from CITY'S custodian of public records, in a format that is
compatible with the information technology systems of CITY.
REQUEST FOR NONCOMPLIANCE
(a) A request to inspect or copy public records relating to a CITY'S contract for services
must be made directly to CITY. If CITY does not possess the requested records, CITY shall
immediately notify CONTRACTOR of the request, and CONTRACTOR must provide the
records to CITY or allow the records to be inspected or copied within a reasonable amount of
time.
(b) If CONTRACTOR does not comply with CITY'S request for records, CITY shall
enforce the contract provisions in accordance with the contract.
(c) Any CONTRACTOR who fails to provide the public records to CITY within a
reasonable time may be subject to penalties under Section 119.10.
CIVIL ACTION
(a) If a civil action is filed against CONTRACTOR to compel production of public records
relating to a CITY'S contract for services, the court shall assess an award against
CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees,if:
(1) The court determines that CONTRACTOR unlawfully refused to comply with the public
records request within a reasonable time; and
(2) At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request,including a statement that CONTRACTOR has not complied
with the request, to CITY and to CONTRACTOR.
Page 10 of 15
(b) A notice complies with subparagraph (a)2. if it is sent to CITY'S custodian of public
records and to CONTRACTOR at CONTRACTOR'S address listed on its contract with CITY or
to CONTRACTOR'S registered agent. Such notices must be sent by common carrier delivery
service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping
paid by the sender and with evidence of delivery, which may be in an electronic format.
(c) Any CONTRACTOR who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable costs of enforcement.
SECTION 23. CUMULATIVE REMEDIES
The remedies expressly provided in this Agreement to CITY shall not be deemed to be exclusive
but shall be cumulative and in addition to all other remedies in favor of CITY now or hereafter
existing at law or in equity.
SECTION 24. LIQUIDATED DAMAGES
Upon failure of CONTRACTOR to complete the Work within the time specified for final
completion, (plus approved extensions if any) CON TRACTOR shall pay to OWNER the sum of
Two Hundred dollars ($200.00) for each calendar day that the substantial completion of the
Work is delayed beyond the time specified in the Contract for substantial completion, as fixed
and agreed liquidated damages and not as a penalty. After substantial completion, if
CONTRACTOR neglects, fails or refuses to complete the remainder of the Work within the
Contract Time or any approved extension thereof, CONTRACTOR shall pay to OWNER the
sum of One Hundred dollars ($100.00) for each calendar day (plus approved extensions if any)
after the time specified in the Contract for final completion and readiness for final payment as
fixed and agreed liquidated damages and not as a penalty. Liquidated damages are hereby fixed
and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the
amount of damages that will be sustained by OWNER as a consequence of such delay and both
parties desiring to obviate any question of dispute concerning the amount of said damages and
the cost and effect of the failure of CON TRACTOR to complete the Contract on time.
Regardless of whether or not a single Contract is involved, the above-stated liquidated damages
shall apply separately to each portion of the Work for which a time of completion is given.
OWNER shall have the right to deduct from and retain out of moneys which may be then due or
which may become due and payable to CONTRACTOR, the amount of such liquidated damages
and if the amount retained by OWNER is insufficient to pay in full such liquidated damages, the
CONTRACTOR shall pay in full such liquidated damages. CON TRACTOR shall be responsible
for reimbursing OWNER, in addition to liquidated damages or other per day damages for delay,
for all costs of engineering, architectural fees, and inspection and other costs incurred in
administering the construction of the project beyond the completion date specified or beyond an
approved extension of time granted to CONTRACTOR whichever is later.
SECTION 25. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties relating to the subject matter
hereof superseding all prior communications between the parties whether oral or written. This
Paee 11 of 15
Agreement may not be altered, amended, modified or otherwise changed nor may any of the
terms hereof be waived, except by a written instrument executed by both parties. The failure of a
party to seek redress for violation of or to insist on strict performance of any of the covenants of
this Agreement shall not be construed as a waiver or relinquishment for the future of any
covenant, term, condition or election but the same shall continue and remain in full force and
effect.
SECTION 26. ATTORNEY'S FEES AND COSTS
In the event that CITY is required to file legal action against CONTRACTOR to collect any
amounts due under this Agreement, CITY shall be entitled to its costs of collection, attorney's
fees and costs,and interest at the maximum rate allowable by law.
SECTION 27. GOVERNING LAW; VENUE
27.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
27.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be
litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida.
SECTION 28. CONSTRUCTION OF AGREEMENT
28.01 The terms and conditions herein are to be construed with their common meaning to
effectuate the intent of this Agreement. All words used in the singular form shall extend to and
include the plural. All words used in the plural form shall extend to and include the singular.
All words in any gender shall extend to and include all genders.
28.02 The parties agree that this Agreement was jointly drafted and each party was represented
by counsel or had sufficient time to consult counsel before the execution of this Agreement. Any
applicable law that would require interpretation of claimed ambiguities against the drafting party
has no application and is expressly waived by both parties. If either party raises a claim as to any
conflict, omission, or ambiguity in the provisions of this Agreement, there shall be no
presumption or burden of persuasion that will be implied.
SECTION 29. SEVERABILITY
Should any part, term or provision of this Agreement be by the courts decided to be invalid,
illegal or in conflict with any law of this State, the validity of the remaining portions or
provisions shall not be affected thereby.
SECTION 30. CONFLICT
In the event of conflict between this Agreement and the terms and conditions set forth in the ITB,
the terms of this Agreement shall control.
Page 12 of 15
SECTION 31. NOTICES
All notices or other communications required by this Agreement shall be in writing and deemed
delivered upon mailing by registered or certified mail, return receipt requested, hand-delivery,
overnight courier,facsimile or email to the following persons and addresses:
CITY: Lluis Gorgoy,Purchasing Manager
City of Coral Springs
9500 West Sample Road
Coral Springs, Florida 33065
Tel.: (954) 344-1102
COPY TO: Rich Michaud, Director of Public Works
City of Coral Springs
9500 West Sample Road
Coral Springs,Florida 33065
Tel.: (954)344-1165
CONTRACTOR: Antonio Assenza
GT General Contractors, LLC
10191 West Sample Road, Suite 103
Coral Springs,Florida 33065
Tel.: (954)225-3391
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 13 of 15
IN WITNESS WHEREOF, CITY OF CORAL SPRINGS and GT GENERAL
CONTRACTORS, LLC have caused these present to be executed in their respective names by
the proper officials the day and year first above written.
ATT ST: CITY OF CORAL SPRINGS,FLORIDA
n 1 ,
DEBRA THOMAS,CMC, City Clerk SCOTT BROOK, Mayor
APPROVED AS TO FORM:
af.."---32---
SHERRY WHITI.ACRE,Deputy City Attorney
Page 14 of 15
Doc.133635
GT GENERAL CONTRACTORS,LLC
Title:' sid /
Print Name:AntonioAssema
State of rioraQ
County of ( rowaid
On this, the day of A" " 5-1 , 2019, before me, the undersigned Notary
Public of the State of F `} , the foregoing instrument was acknowledg�eed by
Ci s5 ton t�(name) ' �°s►�l a v -1- (title) of CT C,n e no I I--(.G
(corporation),a FG (state)corporation,on behalf of the corporation.
WITNESS my hand
and official seal
No y Public, State of Flottc.ip
bran ci o ACft .
Printed,typed or stamped name of Notary
"`�" M$ew a Florida
Public exactly as commissioned
.49: o be ' FP 9611n ✓Personally known to me, or
Produced identification:
(type of identification produced)
Pane 15 of 15
CORAL SPIkINGS
EVERYTHING UNDER THE SUN
DATE: April 30,2019 BID NUMBER: 19-B-063F
INVITATION TO BID
ALL INTERESTED PARTIES:
The City of Coral Springs,Florida, hereinafter referred to as the CITY, will receive sealed Bids
at the office of the Purchasing Administrator, City Hall,9500 West Sample Road, Coral Springs,
Florida 33065, for:
ANNUAL CONTRACT FOR UTILITY CONSTRUCTION SERVICES
Sealed Bids must be received and time stamped at the Purchasing Division Office,either by mail
or hand delivery, no later than 2:00 p.m. local time on Wednesday. May 22. 201.9. A public
opening will take place at or before 2:15 p.m. in the City Commission Chambers located at City
Hall on the same date. Any bids received after 2:00 p.m. local time on said date will not be
accepted under any circumstances. Any uncertainty regarding the time a bid is received will be
resolved against the Bidder.
The CITY reserves the right to reject any or all bids, to re-advertise for bids or take any other
such actions that may be deemed to be in the best interests of the CITY.
Miguel Machuca
Purchasing Agent
(954)344-1101
EXHIBIT A
INVITATION
SUBMIT BID T
PURCHASING DIVISION
9500 WEST SAMPLE ROAt_
CORAL SPRINGS, FLORIDA
- GENERAL CONDMONS -
THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODRIESSERVICES ISSUED BY THE CITY OF CORAL
SPRINGS: THE CITY OF CORAL. SPRINGS MAY DELETM, SUPERSEDE OR MODIFY ANY OF THESE STANDARD
INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS
OR IN TIDE BID SHEETS. ANY AND ALL SPECIAL CONOrriONS HAT MAY VARY FROM THE GENERAL CONDITIONS SHALL.
HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR 9(D EMAIL
PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARIXEW
or ANY LANGUAGE iN BDOER'S CONTRACT TOME CONTRARY.
BIDDER ACKNOWLEDGMENT MUST BE SIGNED AND RETURNED WITH YOUR BID
SEALED 8ID& this form must be executed end admitted commodities'services,and is hi all wawa fair end vAtius t
with ali Bld sheets in a sealed envelope. The face of the collusion or fraud. I agree to abide avail conditions of this Bid
envelope shed contain the above address,the date and time of end certify that I am authorized to sign this Rid farthe Bidder.
Bid opening.and Bid number. Bids not submitted on attached By signature on this form. Bidder acknowledges and seapts
Bid Form may be rejected. MI Bids are subjected to the without Umitadon,pages 1 through s Inclusive of the invitation
conditions specified herein. Those winch do not comply with to Bid as well es any*pedal Instructions tfepplicable.
than conditions are subject to rejection.
INSTRUCTIONS TO BIDDERlit
BID 1ZTLE: Annual Contract For Utility Construction Send=
1. 16H1011111U4S
BID NO.: 1.9=e-6 .?F
1.1 Terme used in these Instruction to Bidders ere
BIDS WILL BE OPENED 2:00 P.M.(EST), Wednesday.May 22, defined end have the meanings uatgned to them.
2ing and may not be withdrawn during the B0 Wender days The term `Bidder' means one who submits a Rid
following such date and time. directly to CITY,as drti from a sub-bidder who
submits a Bid to the Bidder. The term'Successful
PURCHASING AGENT(NAME&TELEPHONE NO.:) Bidden"means the most responsible and responsive
Bidder to whom CiTY (on the bats of CITY'`S
Miguel Machutu41TC1 evaluation as herehmstbsr provided)makes an award.
The term man-refire to the CITY of Coral Sprig,
4.+►sa411104 +*re,K*+I•res**rr**w*wHsss*011s+Msstt14* a municipal corporation of the tale of Florida. The
.*94...* * *4. * term'Bid Documents'Includes the Invitation to Bide
inenuWons to Bidders, Special Condiions, Bid
GT General Contractors LLC Form. Non-Collusive ABida ft, CeruAottta(s} of
CORRECT LEGAL NAME OF BIDDER: Insurance, if required, Payment and Performance
Bonds, If mmquhgd, Corporate Resolution. Bid
�= Security, if required, and the proposed Contract
ill-11NATUf3.6 atr=? xt3 OR1ZED E VTi Documents. If any, including all Addenda Issued
-arm 8 President prior to receipt ofBids.
2. COPIES OF hoar DDCI NIS
Tr-HUMMED NAME OF
AtiTHORIW)AGENT . Antonio Aseenza 2.t Complete sets of Old Document must be used in
ADDRESS: 10191 Ii Semple Rd — Ste# 103 preparing Bids. CITY does net swum any
_ respandbinty far errs or misinterpretations
Coral Springs. FL 33065 resulting from the use of Incomplete sets of Bid
copies of Bid
PHONE NOt I 954 t 225-3391 Documents.
available does so on in ly for the purpose of
FEDERAL ID NUMBER OR SOCIAL. obtaining Bids and does net confer a license or grant
SECUR17Y NUMBER OF BEER: for any other use.
® .$3_1 1 o 34A' I certify that
this Bid sdamwladpemant to made witout prior S OF BIDDERS
understanding, agreement or connection with any
corporation, firm or person sutunittlrg a Bid for the ammo
..-, ..ee
L1 No Bid will be accepted from nor wit any contract Sperdecetions for any item(s). If Bids are based an
be awarded to any person who is in arrears to the equivalent'products, indicate on the Bid Form the
CITY, upon any debt or coniract, or who is a manufacturer's name and catalog number. Bidder
defaulter, as surety or otherwise, upon any shall submit with his Bid complete and descriptive
obligation to CITY,or who k deemed responsible or literature and/or spedficaaons. The Bidder should
ursellable by the CITY. also explain in detail the reasoned why and submit
proof that the proposed equivalent will meet the
3.2 As part of the Bid evaluation process, CITY may Specifications end not be considered an exception
conduct a background kivestigatlon Including a thereto. The dstenNnetion of equivalency shall red
record deck by the Coral Spring, Poloe solely with the CiTY. If Bidder falls to name s
Department. Bidder's submission of a Bid substitute, It will be resumed that Bidder Is bidding
constitutes adahowledgment of the process and on and will be required to furnish commodities
consent to such Investigation. CITY shall be the sole Identical to Bid standards.
Judge in determining Bidder's qualifications.
8. INESESEMBIEILUELADDENDA
4. EXAMINATION OF file QDCLIMENTS
8.1 To ensure fair consideration for all Bidders, CITY
4.1 Before submitting a Bid, each Bidder must la) prohibits communication to or with any department,
examine the Bid Documents thoroughly;lb)consider officer or employee during the submission process
fader/S. state and local laws, ordinance% rids and except as provided in Paragraph 62 below
regulations that may In any manner affect cost,
progress, performance. or provision of the 8.2 If the Bidder should be In doubt as to the meaning of
commodities and/or cervices(c)snrdy and caefutty any of the Bid documents.or la of the opinion that
Correlate Bidder's observations with the Bid the piens and/or specIfIcat ons contain errors,
Documents, and (d) notify CIiY's Purchasing contradictions or reflect omissions, Bidder shall
Division of ali conflicts, errors and disraepsrhdas in submit a written request directed to the Purchaing
the Bid Documents. Division to be forwarded to the appropriate person
or department for Interpretations or dertfloation.
4.2 The submission of a Bid will eothstituto an interpretation or daMoatlona deemed necessary by
Inomet vertible representation by Bidder that Bidder the Purchasing Division in response to such
has complied with every requiteement of this Article questions will be issued In the form of written
4,that without exroeption.the Bid la premised upon addenda, melted to all parties recorded by CITY'S
performing the servicee and/or furnishing the Purchasing Division as having received the Bid
commodities and materials and such means, documents. The issuance of a written addendum by
methods, techniques, sequences or procedure, as the Purchasing Division shall be the only official
may be Indicated In or requited by the Bid method whereby such an Interpretation or
Documents, and that the Bid Documents arch deification will be made.
sufficient ntt in scope and detail to indicate and convey
understanding of all terms and conditions of 7. JB.BJQ
performance and furnishing of the goods and/or
'entices, 7.1 Prtees shall be shown in both unit amounts and
extensions whenever applicable. In the event of
5. SPECIRCATIONS discrepancies existing between unit amounts and
eatarhaion or totals,unit amounts shall govern.
5.1 The apparent silence of the Specifications as to any
data% or the apparent omission from the 7.2 Discrepancies In the multiplication of units of work
Sp dons of a detailed description ooneandng and unit prices will be resolved In favor of the wit
any point,shall be regarded as meaning that only prices. Discrepancies between the Indicated sum of
the best commercial practice is to prevail and than any column of flgurse and the correct sum thereof
only material and workmanship of the finest quality WI be resolved In favor of the cornet sum.
ate to be used. All Interpretations of the
Specifications shell be made on the bask of this 7.8 All applicable discounts shall ba indeed In the Bid
statement. price for materials and senses end will be
considered as deleredning fedora in recommending
5.2 For the purpose of evaluation, the Bidder must an award in case of tie Bids. Discounts extended to
Indicate any variance or exceptions to the stated CITY shell Include but not be limbed to those
Specifications no matter how slight Deviations Mecums, stormily extended to governmental
should be explained in detail. Absence of variations agencies as wet as the private sector.
and/or corrections will be interpreted to mean that
the Bidder meats all the Spedf>cadons In every 7.4 Chain discounts am not acceptable end will not be
respect considered
determining in award. Bidders may
bold one (1)discount for each Item on the Bid
5.3 My manufscamers' names, trade names, brew Form. Rims discounts and prices are to be quoted for
names, Won-nation and/or catalog numbers used the term of the Contra
herein are for the purpose of describing and
establishing a general standard of quality, 7.5 Bider warrants by virtue of bidding that prices.
performance and characteristics and are not terms and conditionsIn the Bid will be firm for
intended to limit or restrict competition. The Bidder acceptance fore period of ninety 180)calendar days
may offer any brand which meets or exceeds the
from the date of Bid opening unless otherwise stated below the signature. Facsimile Bids will not be
by the CITY. accepted.
7.8 The Bid price shell Include all permit fees,royalties, 8.3 in accordance with Chapter 118 of the Redd'
license fees and other costa arising from the use of Statutes(Public Records Law),and swept as may be
such design,device or materials in any way knvoh ed provided by other applicable state and federal law.
In the work se well as all coats Of peccaging, all Bidders should be aware that the Invitation to Bid
transporting and delivery to the designed location and the response,therein are in the public domain.
within tits City of Coral Spring.. NOwever, the Bidders are requested to ids
A7iONAt.HEALTH 8a C any information contained in their�
B. O
SAFETY which they consider confidential and/or proprietary
and which they believe to be exempt from
8.1 inoonp compliance with Chapter 442,Rends Statutes.suy dsdoaus, cal citing specifically the applicable
toxic substance listed in Section 98F41.08 of the exempting law.
Florida Administrative Cods delivered as a result of
this Bid must be accompanied by a Materiel Safety BA All Bids received from Biddedrs in response to the
Data Sheet(MSDS)which may be obtained from the hwitatlon to Bid will become the property of the City
manufacturer. The MBDS must include the and wi8 not be returned to ibYowfngthe Bidders. in the secant
information: of contract award. ail documentelion produced as
part of the contract shell become the exclusive
8.1.1 The chemical name end the common name property of the CITY.
of the toxic substance.
8.1.2 The hazards or other riser in the use of the 8.5 The submitted Bid shall constitutes firm offer on the
toxic substance Inch:ding: part of the Bidder to flute*the cornmoditierr ender
a) The potential for fire, explosion, services requested
corrosively and reactivity;
b) The known ecru and chronic health 10 BELEORMS
effects of rids from exposure Including
the medical conditions which are 10.1 The Bid Form is included with the Bid Documents
generally recognized as being wed must be used by the Bidder. Failure to do so
aggravated by exposure to the tcodc may cause the Bid to be rejected. The forms must be
substance;and submitted in good order and ail blanks must be
c) The primary routes of entry and completed.
symptoms of overexposure.
a1.3 The proper precautions,handling practices. 10.2 The Bid must be signed by one duly suthari.ed to do
necessary personal protecdon equipment so and in cases where the Bid is signed by■deputy
end other safety precautions in the use of or aubor dints. the prindpa?s proper written
or exposure to the toxic substances. authority to such deputy or subordinate mutt
Including appropriate emergency treatment accompany the Bid.
in case of exposure.
8.1.4 The emergency procedure for spills, fira, 10.3 Bide by corporations must be executed in the
disposal and first aid. dmrpor to name by the President or other corporate
8.1.5 A description in lay terms of the known officers accompanied by evidence of authority to
specific potential health risks posed by the sign. The corporate address and state of
Wide substance intended to alert any incorporation must be shown below the signature.
person raading this information.
8.1.8 The year and month, if available,that the 1Q4 Bla by partnerships must be executed In the
partnershipinformation was compiled and the name. name end signed
address.and emergency telephone number whose tneemust appear under this a slpneW�rs arc)the
of the manufacturer r sponribls for official address of the pertrrsrxhdp must be shown
preparing the information. below the signature.
9. ELISIMESIELCIEBIOS 11 MO EIZa al AND aaninaAWLOPBIOS
9.1 Bide shell be submitted at or before the time and at 11.1 Bids must be modified or withdrawn by an
the place Wetted ih the invitation to Bid end OM appropriate document duly executed In the
be submitted in a sealed envelope. The envelope manner that a Bid must be executed end delivered
shall be der marked on the ex erfor 'BID FOR to the pleas where Bids are to be submitted at any
(PROJECT TITLE) THE CITY OF CORAL SPRINGS. time prior to the deadline for submitting Bids, A
FLORIDA. OPEN....Onsert date given In invitation to request far withdrawal or a modifloaren must be
Bid) and shall stahts the name end address of the In writing and signed by person duly authoibed to
Bidder and shall be accompanied by any other do ao and,in a dose where signed by a deputy or
required decumerrts. No responsibility will attach to subordinate, the prinoiper. proper written
the Purchasing Div(slan fiOr the premature opening of authority to such deputy or subordinate must
a Bid not property addressed and identified. accompany the request for withdrawal or
mod licedon. Withdrawal of a Bid will not
9.2 Bids must be typed or printed in ink. Use of erasable prejudice the rights of a Bidder to submit a new
ink is not permitted. All blanks on the Bid Form must Bid prior to the Bid date and time. After expiration
be completed. Names must be typed or printed
• of the period for receiving Bide, no Bid may be 142 Extensions of time when aids shall remain open
withdrawn or modified beyond the ninety (90) day period may be made
only by mutual written agreement between the
11.2 if, within twenty-four (24) hours after Bids are CRY,the successful Bidder and the surety,if any.
opened, any Bidder flies a duly signed within for the successful Bidder.
notice with CITY and within five(5)calendar days
thuaaler demonstrates to the reasonable 16. A: i O O C€I1TRAc 3'
satisfaction of CITY by dear and corwineing
evidence that there was a material and substantial 15.1 if the contract is to be awarded,it will be awarded
mistake In the preparation of its Bid, or that the to the most responsible and raiponsive Bidder for
mistake is clearly evident on the face oldie Bid but the base Bid whose evaluation by CITY indicates
the intended correct Bid is not similarly evident, to CITY that the award will be in the hest Interest*
then Bidder may withdrew its Bid and the Bid of the CITY and not necessarily to the lowest
Security will be returned. Bidder.
12. (REJECTION OF BIDS 152 Criteria utilised by CITY for de emdning the most
responsible and responsive Bidder includes,but is
12.1 To the extent permitted by applicable state and not!bolted to the following:
federal laws and regulations CiTY reserves the
right to reject any area ati Bias,to werve any ana (Di Ability of Bieber to meet published
all informalities, irregulaites and technicalitiess specMcatlona
not Involving prim, time or charges in the (b) Bidder's experience and references
commodities and/or services, and the right to inducting,but not limited to,the mutation,
disregard all nonconforming, non-responsive, Integrity, Character, efficiency,exgeerience.
unbalanced or conditional Bids. Bids will be akitl, ability and business judgment of the
considered Ingle*r and may be rejected if they Bidder, the quality of performance of
show serious omissions, alterations in form, Bidder under previous centred&any sub-
additons not idled for, conditions or contractors and other person providing
unauthorized alterations or ineguierides• of any labor or materials to Bidder.
idnd.
(c) Bidder's qualifications and capabilities,
12.2 CITY reserves the right to reject the Bid of any including but not• limited to, the size.
Bidder if CITY believes that it would not be In the financial history. strength and stability of
but interest.of CRY to macs an award to that the business to perform the work of the
Bidder,whether Meuse the Bid is not re onilve Contract, the possession of necessary
or the Bidder Is unqualified or of doubtful financial faoillde' and equipment end the quality,
ability or falls to meet any other pertinent standard avallabBity and adaptability thereof to the
or criteria established by CITY. particular use(s)required •
12.3 More than one Bid received for the same work (d) Whether Bidder can perform the Contract
from en Indhiduab firm, partnership,corporation promptly or within the time specified
or association under the same or different names without delay or interference.
will not be considered. Reasonable grounds for
believing that any Bidder is Interested in more (e) Previous and erdedng compliance by
then one Bid for the tame work will cause the Bidder with laws,, ordinances and
rejection of such Bids In which the Bidder I. reguiatlaes relating to the commedides or
Interested. If them are tameable grounds for services.
believing that collusion exists among the Bidders.
the Bids of participants In such collusion will not (A Price.
be considasd.
15.8 if applicable,the Bidder to whom award Is made
12A The foregoing reaoens for rejection of Bids are not shad execute a written Contract prior to award by
intended to be exhaustive. the City Commission. If the Bidder to whom the
first award is made fells to enter into a Contract as
13. OPENING OF Bl0Si herein provided, the Contract may be let to the
next lowest Bidder who is responsible and
13.1 Bids will be opened pub an the date responsive in the opinion of the CITY.
end at the location and time specified in the
Invitation to Bid. Bids will be reed aloud and an 10. DITALENILGCNIIEME
abstract of the amount of the base Inds will be
made available alter the opening of the Bad 18.1 No guarantee is expressed or Implied is to the
total quantity of commodttbMarvlces to be
14. 11101111.1SMAINSEEN purchased under any open and Contra=
Estimated quantities 'will be used for Bid
14.1 All bids shall remain open for ninety(9M)colander comparison purposes only. The CITY reserves the
days after the day of the Bid opening, but CITY right to issue purchase ardent as and when
may, at its sole dieoedort, release any Bid and required. or, Issues a blanket purchase Order for
return the Bid Security prior to that data. Individual agendss and release partial quantities
or any combination of the proceeding.
20.1 The award hereunder Is subject to the provisions
18.2 ORDERING: The CITY reserves the right to of Chapter 11.Z, Rodda Statutes. Bidders must
purchase specified herein diadoae with their Bid the name of any ofeoa,
through Contracts established by other director, partner. proprietor, mandate or agent
governmental agendas or through 'operate who is also a public officer or employee of the
procurement actions due to unique or specie! CITY or any of he agencies. Feather. ell Bidders
needs. If an Urgent delivery is required within a must disclose the name of any public officer or
short period then the delivery time specified in the employee of the CITY who owns, directly or
Contract, and If the seller is unable to comply indirectly,an interest of five percent(8%)or more
therewith, the CITY reserves the right to obtain In the Bidder's firm or any of its branches or
such delivery from others without penalty or affiliate companies.
prejudice to the CITY or to the Bidder.
21.
16.3 CONTRACT P'ERiOD: The initial Contract period
shall start with the rrpfratar date of the previous 21.1 Each Bidder shall complete the Non-Collusive
Contract or date of award,'Althaver Is latest and Affidavit and include it with the Bid Form and shall
shell terminate two(2)years from that date. The submit this Form with the Bid. Ram of the
CITY may renew this Centres for two(2)two (2) Bidder to submit ells document may be cause for
year periods subject to Bidder acceptance, rejection of the Bid.
satisfactory palomino and determination that
renewal will be in the best interest of the CITY. All
prices,terms and conditions shell remeln firm for 22 hrlA Y aulo Ul�IEf4TS TO BE sum
the Initial period of the Contract and for any BYJSPORS
renewal period uniese subject to price adjuobi,e t
specified as a%pedal condition'hereto. 22.1 The following Is a summery of documents,copies
of which may be included in the Rid documents,
17. (igatiSANCE which are to be completed and submitted by
Bidders:
17.1 The insurance requirements contained in this Bid
represent the minimal protection revere:y for the
CiTY as determined by the aTYe Risk (a) Bidder acknowledgement,
Management Coordinator. The scaaful Bidder (b) Bid Form
shall be required to provide proper proof of (c) Non-Collusive Affidavit
issuance to the Purchasing Division prior to award. (d) Certified Resolution or other duly executed
No award wilt be recommended until a written document evidencing authority to sign on
determination le made by CITYe Risk behalf of the Bidder.
Management Coordinator that the proof of tel Qualification Statement, If required by the
insurance submitted by the Bidder is accepsebte Special Conditions.
from a Risk Management pet Further (f) Bid Security, If required by the Special
modifloetlon of the requirements may be made at Conditions.
the sole discretion of the CITY if choumstanasa (g) C I1If1 tie(*) of insurance, if required by
warrant the Special Conditions.
(h) Certification of NonSegregated Facilities,If
18. TAXES required by the Special Condleone.
18.1 The successful Bidder shell pay all applicable
sales, consumer use and other similar tars
required by law:
18. alliSIALCIM
19.1 The CITY reserves the right to tuck the records of
the successful Bidder for the commodities and/or
services provided under the Contact t at arty time
during the performance and term of the Contract
and fora patted of three(a)year after completion
end acceptance by the CITY. If required by the
CITY,the successful Bidder alihees to submit In an
audit by an independent certified public
accountant selected by the CITY. The successful
Bidder shall allow the CiTY to inspect, examine
and review the records of the auooeusful Bidder In
relation to this contract at any and all time during
normal business hours during the term of the
Contract.
20. CaNSICISIEMZBEN
ANNUAL CONTRACT FOR UTILITY CONSTRUCTION SERVICES
19-B-063F
INSTRUCTIONS TO BIDDERS
I, (UALIFICATIONS OF BIDDERS
1.1 Each Bidder shall complete the Qualifications Statement and shall submit the
same with the Bid. Failure to submit the Qualifications Statement and all
documents required thereunder together with the Bid may constitute grounds for
rejection of the Bid.
1.2 The CITY reserves the right to make a pre-award inspection of the Bidder's
facilities and equipment prior to award of Agreement.
1.3 Sample of items, when required, must be furnished by Bidder free of charge to
CITY. Each individual sample must be labeled with Bidder's name and
manufacturer's brand name and be delivered by him within ten(10)calendar days
of the Bid opening unless the schedule indicates a different time and unless
submission is required before the Bid opening. If samples are required
subsequent to the Bid opening they should be delivered within ten (10) calendar
days of the request. CITY will not be responsible for returning samples.
1.4 Bidders may be required, at no expense or liability to the CITY,to make available
for testing or demonstration, equipment equal in all aspects to the equipment bid
and or equal equipment that may be seen under operating conditions in Palm
Beach,Broward or Dade County.
1.5 Bidder shall upon request submit two (2) copies of descriptive literature and
technical data, fully detailing all features, designs, construction appointments,
finishes and the like not covered in the specifications necessary to fully describe
the equipment Bidder proposes to furnish.
1.6 City reserves the right to consider the availability of parts and service facilities for
the equipment offered. The failure of the Bidder to maintain a sufficient line of
parts to service the equipment within a reasonable distance to the CITY may be
cause for rejection of the bid.
1.7 CITY reserves the right to consider a Bidder's history of citations and/or
violations of environmental regulations in determining a Bidder's responsibility,
and further reserves the right to declare a Bidder not responsible if the history of
violations warrant such determination. Bidder shall submit with Bid, a complete
history of all citations and/or violations, notices and dispositions thereof. The
nonsubmission of any such documentation shall be deemed to be an affirmation
by the Bidder that there are no citations or violations. Bidder shall notify CITY
immediately of notice of any citation or violation that Bidder may receive after the
Bid opening date and during the time of performance of any contract awarded to
Bidder.
2. SPECIFICATIONS
2.1 Items shown on the Plans but not noted in the Specifications, and items noted in
the Specifications but not shown on the Plans, are to be considered as both shown
on the Plans and noted in the Specifications. Any errors or omissions in the
Specifications or onwork, shall not relievethe
P�
the Plans, as to the standards of the o
CONTRACTOR of the obligation to furnish a satisfactory first class job in strict
conformity with the best practice found in structures or in the work of a similar
type. The failure of the Bidder to direct the attention of the CITY's Purchasing
Agent to errors or discrepancies will not relieve the Bidder, should Bidder be
awarded the Contract, of the responsibility of performing the work to the
satisfaction of the CITY.
3. BID FORM
3.1 The Bid Form, together with the Invitation to Bid, the Instructions to Bidders,
constitutes an offer from the Bidder. If any or all parts of the Bid are accepted by
the City of Coral Springs, an authorized officer of the City shall affix his/her
signature hereto and this document, together with the Invitation to Bid, the
Instructions to Bidders, any Drawings, Plans and Specifications issued prior to the
execution of this Bid Form, and any Purchase Order issued by the City after
execution of this Bid Form, shall constitute the written agreement between the
parties and shall together comprise the Contract Documents. The Contract
Documents are complimentary and what is required by one shall be as binding as
•
if required by all.
4. AWARD OF CONTRACT
4.1 If the Contract is to be awarded, it will be awarded to the most responsible and
responsive Bidder for the Bid whose evaluation by CITY indicates to CITY that
the award will be in the best interests of the CITY, and not necessarily to the
lowest Bidder.
4.2 Criteria utilized by CITY for determining the most responsible and responsive
Bidder includes,but is not limited to the following:
(a) Ability of Bidder to meet published specifications.
(b) Bidder's experience and references, including but not limited to, the
reputation, integrity, character, efficiency, experience, skill, ability and
business judgment of the Bidder, the quality of performance of Bidder
under previous contracts, any sub-contractors and other persons providing
labor or materials to Bidder. Payment history with sub-contractors under
previous contracts.
(c) Bidder's qualifications and capabilities, including but not limited to, the
size, financial history,strength and stability of the business to perform the
work of the Contract,the possession of necessary facilities and equipment
and the quality, availability and adaptability thereof to the particular use(s)
(d) Whether Bidder can perform the Contract promptly or within the time
specified,without delay or interference.
(e) Previous and existing compliance by Bidder with laws, ordinances and
regulations relating to the goods or services.
(f) Price.
4.3 The CONTRACTOR must execute the required contracts prior to award by the
City Commission. After City Commission award the CONTRACTOR will be
issued a Notice of Award. Within fifteen (15) days thereafter, the
CONTRACTOR must deliver the required bonds and certificate of insurance to
OWNER Within ten (10) days thereafter, OWNER shall deliver one (1) fully
executed contract to CONTRACTOR along with a Notice to Proceed. The fully
executed contract will be accompanied by a complete set of drawings (if
required).
4.4 If applicable, the Bidder to whom award is being recommended shall execute a
written contract prior to contract award. If the Bidder fails to enter into a Contract
as herein provided,the recommended award will be let to the next lowest Bidder
who is responsible and responsive in the opinion of the City. Such Bidder shall
fulfill every stipulation embraced herein as if he were the original party to whom
the award was made.
4.5 Be advised that the CITY is prepared to award individual contracts for each
service or multiple services or any other combination of services as CITY
deems in its best interest.
5. PUBLIC EN3TTY CRIMES INFORMATION STATEMENT
5.1 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity,may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor or consultant
under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Florida State Statutes,
Section 287.017, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list.
6. CONTRACT TIME
6.1 The work to be performed under the Contract shall be commenced upon issuance
of Purchase Order and after all applicable permits are obtained by Contractor.
6.2 The time of completion for services authorized under each Purchase Order/Work
Order will be established at the time of issuance of Purchase Order/Work Order.
6.3 By virtue of the submission of his Bid, Bidder agrees and fully understands that
the completion time of the work of the Contract is an. essential and material
condition of the contract and the time is of the essence. The Successful Bidder
agrees that all work shall be prosecuted regularly, diligently and uninterrupted at
such rate of progress as will ensure full completion thereof within the time
specified. Failure to complete the work within the time period specified shall be
considered a default
7. LI( UIDATED DAMAGES FOR BREACH OF CONTRACT
See Construction Services General Conditions, Paragraph 11.4 for details.
8. SAFETY.
8.1 The Successful Bidder shall be responsible for initiating, maintAining and
supervising all safety precautions and programs in connection with the work. The
Successful Bidder shall comply with the rules and regulations of the Florida
Department of Commerce regarding industrial safety(Fla Statutes Section 440.56)
and with the standards set forth in the Occupational Safety and Health Act of 1970
(OSHA)and its amendments.
8.2 The Successful Bidder shall take all reasonable precautions for the safety of and
shall provide all reasonable protection to prevent damage,injury or loss to:
(a) All employees on the work site and all other persons who may be affected
thereby.
(b) The work and all materials and equipment incorporated therein.
(c) Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, structures, irrigation systems and utilities not
designated for removal, relocation or replacement in the course of the
work.
9. WARRANTIES
9.1 Warranty.of Title: The Successful Bidder warrants to the CITY that all goods and
materials furnished under the Contract will be new unless otherwise specified and
that Successful Bidder possess good, clear, and marketable title to said goods and
there are no pending liens, claims or encumbrances whatsoever against said
goods. All work not conforming to these requirements, including substitutions
not properly approved and authorized may be considered defective.
9.2 Warranty of Specifications: The Successful Bidder warrants that all goods,
materials and workmanship furnished,whether furnished by the Successful Bidder
or its sub-contractors and suppliers, will comply with the specifications,drawings
and other descriptions supplied or adopted.
9.3 Warranty of Fitness for a Particular Pit ,se: The Successful Bidder warrants the
goods shall be fit for and sufficient for the purpose(s) intended. The purpose(s)
for which the goods covered by the Contract is intended is: Annual Contract for
Utilitti Con ruction Services.
9.4 The Successful Bidder understands and agrees that the CITY is purchasing the
goods in reliance upon the skill of the Successful Bidder in furnishing the goods
suitable for the above-stated purpose. If the goods cannot be used in the manner
stated in this Paragraph,then the CITY,at its sole discretion,may return the goods
to the Successful Bidder for a full refund or any and all moneys paid for the
goods.
9.5 Warrantvof Merchantabilin: The Successful Bidder warrants that the goods to be
supplied pursuant to the Contract are merchantable,of good quality and free from
defects,whether patent or latent in material or workmanship.
9.6 Warranty of Performance: The Successful Bidder warrants that the goods shall
meet the following performance requirements:
(a) If properly operated, the goods are warranted to be capable of doing the
same or better quality work than other goods of equal value operated under
the same conditions.
9.7 Warranty of Material and Workmanship: The Successful Bidder warrants all
material and workmanship for a minimum of one (1) year from date of project
completion and acceptance by the CITY. If within ones year after acceptance
by the CITY,or within such larger period of time as may be prescribed by law any
of the work is found to be defective or not in accordance with the Contract
Documents, the Successful Bidder shall after receipt of a written notice from the
CITY to do so, promptly correct the work unless the CITY has previously given
the Successful Bidder a written acceptance of such condition.
9.8 The Successful Bidder warrants to the CITY that it will comply with all applicable
federal, state and local laws, regulations and orders in carrying out its obligations
under the Contract
9.9 The Successful Bidder warrants to the CITY that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened with
any litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to
perform its obligations under the Contract
9.10 The Successful Bidder warrants to the CITY that the consummation of the work
provided for in the Contract Documents will not result in the breach of any term
or provision oft or constitute a default under any indenture,mortgage, contract, or
agreement to which the Successful Bidder is a party.
9.11 The Successful Bidder warrants that there has been no violation of copyrights or
patent rights either in the United States of America or in foreign countries in
connection with the work of the Contract.
9.12 All warranties made by the Successful Bidder together with service warranties and
guarantees shall run to the CITY and the successors and assigns of the CITY.
10. RISK.OF LOSS
10.1 The risk of loss, injury or destruction,regardless of the cause of the casualty,shall
be on the Successful Bidder until the completion of the project to Annual Contract
for Utility Construction Services, and inspection and acceptance of the project by
CITY.
11. PERMITS.FEES AND NOTICES
11.1 The Successful Bidder shall secure and be responsible to pay for any and all
permits and licenses that may be required for the proper execution and completion
of the work. The Successful Bidder shall use their best efforts to obtain all
necessary permits as soon as possible after the date of Contract award. Any
delays in obtaining permits must be brought to the attention of the Purchasing
Agent without delay.
11.2 The Successful bidder shall give all notices and comply with all laws, ordinances,
rules, regulations and lawful orders of any public authority bearing on the
performance of the work. The CITY shall not be responsible for monitoring the
Successful Bidder's compliance with any laws or regulations.
11.3 The Successful bidder shall secure, complete and file with the Clerk of Courts of
Broward County, a Certified Notice of Commencement required per chapter 96-
838, Laws of Florida. This notice must be on file with the Coral Springs
Building Division,and be displayed on the job site prior to the first inspection.
12. CLEANING UP
12.1 The Successful Bidder at all times shall keep the premises free from accumulation
of waste materials or rubbish caused by Bidder's operations. At the completion of
the work Bidder shall remove all waste materials and rubbish from and about the
site as well as all tools, equipment, machinery and surplus materials and provide
final cleaning and return the space to a condition suitable for use by the CITY.
13. DELAYS AND EXTENSIONS OF TIME
13.1 The Contract time may only be changed by a change order or a written
amendment. Any claims for an extension or shortening of Contract time shall be
based upon written notice delivered by the party making the claim to the other
party not more than three (3) calendar days after the occurrence of the event
giving rise to the claim and stating the general nature of the claim otherwise it
shall be waived.
13.2 No claim for damages or any claim other than an extension of time shall be made
or asserted against the CITY by reason of any delays.
14. DEFAULT
14.1 In the event the Successful Bidder shall default in any of the terms, obligations,
restrictions or conditions in the Contract Documents, the CITY shall give the
Successful Bidder written notice by certified mail of the default and that such
default shall be corrected or actions taken to correct such default shall be
commenced within five (5, calendar dal s thereof. In the event the Successful
Bidder has failed to correct the conditions) of the default or the default is not
remedied to the satisfaction and approval of the CITY, the CITY shall have all
legal remedies available to it, inclirling, but not limited to termination of the
Contact in which case the Successful Bidder shall be liable for all procurement
and reprocurement costs and any and all damages permitted by law arising from
the default and breach of the Contract.
15. TERMINATION FOR CONVENIENCE OF CITY
See Construction Services General Conditions,Paragraph 13.13 for details.
16. ASSIGNMENT
16.1 The Successful Bidder shall not assign or transfer its rights,title or interests in the
Agreement nor shall Successful Bidder delegate any of the duties or obligations
undertaken by Successful Bidder without CITY's prior written approval.
17. APPLICABLE LAWS.ORDINANCES_RULES. CODES AND REGULATIONS
17.1 Familiarly. with Laws: Notice is hereby given that the Successful Bidder must be
familiar with all federal, state and local laws, ordinances, rules, codes and
regulations that may affect the work. Ignorance on the part of the Bidder will in
no way relieve him from the responsibility of compliance therewith.
18. E{UAL EMPLOYMENT OPPORTUNITY REQUIREMENT INFORMATION:
18.1 A copy of Executive Order no. 11246, "Notice of Requirement for Affirmative
Action to Insure Equal Employment Opportunity" is on file in the City's
Department of Development Services, 9500 W. Sample Road, Coral Springs,
Florida 33065. All bidders must consider those requirements prior to submitting
a bid. Those requirements shall be incorporated into and made a part of the
Contract.
19. PAYMENT AND PERFORMANCE BONDS
19.1 In accordance with the City's Procurement code and Florida Statues Section
255.05,the Contractor shall provide the City on form furnished by the City a
100% payment and performance bonds, when the dollar value of any
individual project awarded under the contract resulting from this
procurement exceeds S100,000. Which will be addressed separately.
19.2 Within Fifteen(15)calendar days after the Contract Award,but in any event prior
to commencing work, the Successful Bidder shall execute and furnish to CITY a
performance bond and a payment bond,each written by a corporate surety,having
a resident agent in the State of Florida and having been in business with a record
of successful continuous operation for at least five(5)years. The surety shall hold
a current certificate of authority from the Secretary of Treasury of the United
States as an acceptable surety on federal bonds in accordance with United States
Department of Treasury Circular No. 570. If the amount of the Bond exceeds the
underwriting limitation set forth in the circular, in order to qualify, the net
retention of the surety company shall not exceed the underwriting limitation in the
circular and the excess risks must be protected by coinsurance, reinsurance, or
other methods, in accordance with Treasury Circular 297, revised September 1,
1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company
shall provide CITY with evidence satisfactory to CITY, that such excess risk has
been protected in an acceptable manner. The surety company shall have at least
the following minimum qualifications in accordance with the latest edition of
A.M. Bests Insurance Guide, published by Alfred M. Best Company, Inc.,
Ambest Road,Oldwick,New Jersey 08858:
Financial Stability-A
Financial size-VIII
19.3 Two (2) separate bonds are required and both must be approved by the CITY.
The penal sum stated in each bond shall be the amount equal to the total amount
payable under the terms of the contract. The performance bond shall be
conditioned that the Successful Bidder performs the contract in the time and
manner prescribed in the contract. The payment bond shall be conditioned that
the Successful Bidder promptly make payments to all persons who supply the
Successful Bidder with labor,materials and supplies used directly or indirectly by
the Successful Bidder in the prosecution of the work provided for in the contract
and shall provide that the surety shall pay the same in the amount not exceeding
the sum provided in such bonds, together with interest at the maximum rate
allowed by law; and that they shall indemnify and save harmless the CITY to the
extent of any and all payments in connection with the carrying out of said contract
which the CITY may be required to make under the law.
19.4 Such bonds shall continue in effect for one (1) year after final payment becomes
due except as otherwise provided by law or regulation or by the Contract
Documents with the final sum of said bonds reduced after final payment to an
amount equal to twenty five percent(25%)of the Contract Price, or an additional
bond shall be conditioned that the Successful Bidder correct any defective or
faulty work or material which appear within one(1)year after final completion of
the Contract,upon notification by CITY.
20. INDEMNIFICATION
20.1 GENERAL INDEMNIFICATION: The parties agree that one percent (1°%o) of
the total compensation paid to CONTRACTOR for the work of the Contract shall
constitute specific consideration to CONTRACTOR for the indemnification to be
provided under the Contract. To the fullest extent permitted by laws and
regulations, CONTRACTOR shall indemnify, save and hold harmless the
OWNER, its officers, agents and employees, from or on account of all claims,
damages, losses, liabilities and expenses, direct, or consequential, including, but
not limited to,fees and charges of engineer,architects, attorney's,consultants and
other professionals and court and arbitration costs arising out of or resulting from
the performance of the Work excluding the sole negligence of OWNER. Such
indemnification shall specifically include but not be limited to claims, damages,
losses and expenses arising out of or resulting from(a)any and all bodily injuries,
sickness, death,disease; (b)injury to or destruction of tangible personal property,
including the loss of use resulting therefrom; (c)other such damages, liabilities or
losses received or sustained by any person or persons during or on account of any
operations connected with the construction of this project including the warranty
period; (d) the use of any improper materials; (e) any construction defect
including patent defects;(f)any act,omission or default of CONTRACTOR or his
subcontractors, agents, servants or employees; (g) the violation of any federal,
state,county or City laws,by-laws,ordinances or regulations by CONTRACTOR,
his subcontractors,agents, servants or employees;(h)the breach or alleged breach
by CONTRACTOR of any term of the Contract, including the breach or alleged
breach of any warranty or guarantee.
20.2 PATENT AND COPYRIGHT INDEMNIFICATION: CONTRACTOR agrees to
indemnify, save and hold harmless the OWNER, its officers, agents and
employees, from all such claims and fees, and from any and all sites and actions
of every name and description that may be brought against OWNER, its officers,
agents and employees,on account of any claims,fines,fees,royalties,or costs for
any invention or patent, and from any and all suits and actions that may be
brought against OWNER, its officers, agents and employees for the infringement
of any and all copyrights or patent rights claimed by any person, firm, or
corporation.
20.3 Pursuant to the requirements of Florida Statute 752.06, as amended, the
indemnification from liability for damages caused in whole or in part by any act,
omission or default by OWNER as contained in Paragraph above, shall be
limited to the monetary amount of comprehensive general liability insurance,
which CONTRACTOR is required to obtain under the Contract. All other
indemnification required hereunder shall not be limited to the amount of required
comprehensive general liability insurance or any required excess insurance.
20.4 CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever, excluding only those in which the damages arose out of
the sole negligence of OWNER, in connection With the foregoing
indemnifications, including, but not limited to, reasonable attorney's fees and
costs to defend all claims or suits in the name of the OWNER when applicable.
20.5 OWNER reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be the
responsibility of the CONTRACTOR under the indemnification agreement. Such
indemnification shall not be limited to the amount of comprehensive general
liability insurance that CONTRACTOR is required to obtain under the Contract.
Nothing contained herein is intended nor shall it be construed to waive OWNER's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time. This obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity that would
otherwise exist as to any party described in this Paragraph and its subparts.
21. INSURANCE
21.1 Bidders must submit copies of their current certificate(s) of insurance together
with the Bid. Failure to do so may cause rejection of the Bid.
21.2 AT THE TIME OF EXECUTION OF THE CONTRACT, THE
SUCCESSFUL BIDDER SHALL SUBMIT A CURRENT CERTIFICATE
OF INSURANCE EVIDENCING THE REQUIRED COVERAGES AND
SPECIFICALLY PROVIDING R DING THAT THE CITY OF CORAL SPRINGS IS
AN ADDITIONAL NAMED INSURED WITH RESPECT TO THE
REQUIRED COVERAGE AND 'ME OPERATIONS OF THE
SUCCESSFUL BIDDER UNDER THE CONTRACT. Insurance Companies
selected must be acceptable to the CITY. All of the policies of insurance so
required to be purchased and maintained shall contain a provision or endorsement
that the coverage afforded shall not be canceled, materially changed or renewal
refused until at least thirty (30) calendar days written notice has been given to
CITY by certified mail.
21.3 The Successful Bidder shall procure and maintain at its own expense and keep in
effect during the full term of the Contract a policy or policies of insurance that
must include the following coverage and minimum limits of liability:
(a) Worker's Corripensadon insurance for statutory obligations imposed by
Worker's Compensation or Occupational Disease Laws, including, where
applicable, the United States Longshoremen's and Harbor Worker's Act,
the Federal Employer's Liability Act and the Homes Act. Employer's
Liability Insurance shall be provided with a minimum of Two Hundred
Thousand and xx/100 dollars ($200,000.00) per accident, Successful
Bidder shall agree to be responsible for the employment, conduct and
control of its employees and for any injury sustained by such employees in
the course of their employment.
(b) Comprehensive Automobile Liability Insurance for all owned, non-owned
and hired automobiles and other vehicles used by the Successful Bidder in
the performance of the work with the following minimum limits of
liability:
$1.000.000 Combined Single Limit, Bodily Injury and Property
Damage Liability per occurrence
(c) Comprehensive General Liability with the following minimum limits of
liability:
52.Cm(l ODO. Combined Single Limit,Bodily Injury and Property
Damage Liability per occurrence
Coverage shall specifically include the following with minimum limits not less
than those required for Bodily Injury Liability and Property Damage:
1. Premises and Operations;
2. Independent Contractors;
3. Product and Completed Operations Liability;
4. Broad Form Property Damage;
5. Broad Form Contractual Coverage applicable to the Contract and
specifically confirming the indemnification and hold harmless
agreement in the Contract;and
6. Personal Injury coverage with employment contractual exclusions
removed and deleted.
21.4 The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the following
minimum qualifications in accordance with the latest edition of A.M. Best's
Insurance Guide:
Financial Stability B+-A+
21.5 The Successful Bidder shall require each of its sub-contractors of any tier to
maintain the insurance required herein (except as respects limits of coverage for
employers and public liability insurance which may not be less than Two million
s2.000.000 Dollars for each category), and the Successful Bidder shall provide
verification thereof to CITY upon request of CITY.
21.6 All required insurance policies shall preclude any underwriter's rights of recovery
or subrogation against CITY with the express intention of the parties being that
the required insurance coverage protects both parties as the primary coverage for
any and all losses covered by the above described insurance.
21.7 The Successful Bidder shall ensure that any company issuing insurance to cover
the requirements contained in this Contract agrees that they shall have no recourse
against CITY for payment or assessments in any form on any policy of insurance.
21.8 The clauses "other Insurance Provisions" and "Insurers Duties in the Event of an
Occurrence,Claim or Suit" as it appears in any policy of insurance in which CITY
is named as an additional named insured shall not apply to CITY. CITY shall
provide written notice of occurrence within fifteen (15) working days of CITY's
actual notice of such an event.
21.9 The Successful Bidder shall not commence work under the Contract until after he
has obtained all of the minimum insurance herein described.
21.10 The Successful Bidder agrees to perform the work under the Contract as an
independent contractor,and not as a sub-contractor,agent or employee of CITY.
21.11 Violation of the terms of this paragraph and its subparts shall constitute a breach
of the Contract and CITY, at its sole discretion, may cancel the Contract and all
rights, title and interest of the Successful Bidder shall thereupon cease and
terminate.
21.12 OWNER'S Liability and Insurance: OWNER shall not be responsible for
purchasing and mrinh,ining any insurance to protect the interests of
CONTRACTOR, subcontractors or others on the Work. OWNER specifically
reserves all statutory and common law rights and immunities and nothing herein is
intended to limit or waive same including, but not limited to, the procedural and
substantive provisions of Florida Statute 768.28 and Florida Statute 95.11.
22. CONTRACT TERM
22.1 The initial term of this contract will be two (2)year(s)with an option to renew for
two(2) additional two(2)year time periods for a cumulative total of six(6)years,
using the same terms, conditions,and pricing of the original agreements provided
that funds are available and appropriated by City's Commission.
23. CONTRACT ADJUSTMENTS
23.1 The cost(s) shall remain firm for the initial two(2)year contract term. Costs for
any extension term shall be subject to adjustment only if increases occur in the
industry. Such increases shall not exceed 5%or, whichever is greater, the latest
yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as
published by the Bureau of Labor Statistics, U.S. Department of Labor. The
yearly increase or decrease, in the CPI shall be the latest index published and
available ninety (90) days prior to the end of the contract year then in effect
compared to the index for the comparable month one year prior. Any requested
cost increase shall be fully documented and submitted to the CITY at least ninety
(90) days prior to the contract anniversary date. Any approved cost adjustments
shall become effective upon the anniversary date of the contract. In the event the
CPI or the industry costs decline,the CTTY shall receive, from the Contractor, a
reduction in costs, in accordance with the terms and conditions for adjustments
detailed above.
24. ADDENDUM
An addendum,if needed,will be issued prior to the opening of bids. The intent of these
addenda is to clarify,correct or change the scope of work and/or bidding documents.
It is the responsibility of the bidder to view the website to determine if any addenda have
been issued,or to contact the Purchasing Division to determine if any addenda has been
issued. In some cases,where the addendum has a direct effect on the scope of work or a
change in the cost of the project,the omission of the signed addendum being returned
with the bid submittal may cause the bid to be considered as non-responsive.
mu E.% un sun A111' IJAL L.Ui £ . �I svx u 11Lii x 1.-ViwlaL altalL N NEKVAZS
BID NO. 19- F
SUBMITTED TO: City of Coral Springs
9500 West Sample Road
Coral Springs,Florida 33065
1. The:unsigned Bidder proposes and agrees,if this Bid is accepted,to emir into an
Agreement with CITY to petfoim all wodc as specified in the Bid Documents for the
price(s)and within the time indicated in this Bid,and in accordance with the togs and
conditions of the Bid Documents.
2. Bidder accepts and hereby ineorporates by reannooin*is Bid F all of the tams and
conditions of the Invitation to Bid and Instructions to Bidders,including without
limitation those pertaining to the disposition of Bid Security.
3. Bidder has examined the site of the pmje ct and has become fully informed concetning the
local conditions,and nature and extent of wodc. Bidder has eked the
indemnification and liquidated damages provisions,ifany,and the bond and insurance
requirements of the bid,and accepts and agrees to abide by those terms and conditions
without exception or limitation of any kind.
4. Bidder has given the Purchasing Administrator written notice of all conflicts,errors or
disaepancies that it has discovered in the Bid and/or Contract documents and the written
resolution thereof by the Purchasing Administrator is acceptable to Bidder.
5. Bidder proposes to frerrtish all labor,m at aials,equipment,may,tools,
transportation,supplies,services,and supervision for the work described as follows:
ANNUAL CONTRACT FOR UTILITY CONSTRUCTION SERVICES
6. Bidder will complete the work for the following ls): See Bid Schedule Lane Items
7. The undersigned Bidder will extend the same prices,teams and conditions to other
government agencies located in the State ofFlorida .1 . the period covered by this
contract and any extensions,if required: Yes No
8. Acknowledganent is hereby made of the following Addenda(Aentified by number)
received since issuance of the Invitation to Bid:
Addendum No. 1 _ Date April 30, 2019
Addendum No. a.. _ Date iM Ay t 6, Z019
Addendum No. _ Date
Page 1 of 4
7. r1�,eiazrsetVm z nAtt1r1aU WilLAZALSMC0CNiA!rVt51.t11USt'ULLY KtV!LW
THE INSURANCE COVERAGE REQUIREMENTS CONTAINED IN THE
INSTRUCTIONS TO BIDDERS PRIOR TO SUBMITI'ING YOUR BID TO ENSURE
COMPLIANCE WITH ALL INSURANCE REQUIREMENTS.
10. The CITY reserves the right to award this contract on the basis of arty combination of the
above items,or all items,in which the CITY deems in its best interests.
11. Communications concerning this Bid shall be addressed to:
Name: e GT General Contractors LLC c/o Antonio Assenza
Address: 10191 W Sample Rd - Ste# 103 - Coral Springs, FL 33065
aaaaenzaegt— /eneral.com
Telephone No.: i 954 225-3391
FaxNo.: e (954) 752-5158
12. The following doamne rta ate d to anti made as a condition to this Bid:
(a) Bid Form and Bidder's certification
(b) Certified resolute(corporation,Pam)
(c) Certificate(s)of insurance
e
(d) Non-collusive affidavit
(e) Bidder's qualification statement
(f) Bidder's Foreign(Non-Florida)corporate statartnt
( Referencm
(h) Bid security,if required by the Instructions to Bidders
(0 Key Subcontractor Cuing
Page 2of4
WHEN BIDDER IS AN INDIVIDUAL
In witness whereof,the Bidderhas executed this Bid Form this day of
.201_.
Signature of Individual/Title
Witness Printed Name of Individual
State of
County of_
The foregoing instrument was acknowledged before me this day of ,201,,,,_,
by _ who is personally known to me or who has
produced as identification and who did(did not)take an oath.
WITNESS my hand and official seal
NOTARY PUBLIC
(Name of Notary Public:Print,Stamp,
or type as Commissioned)
Ina w w•
WHEN BIDDER IS A CORPORAT1QINPARmERS I• OR FIRM
In witness wham&the Bidder has executed this Bid Form this 22 day of e May
e 2019 '
GT General Contractors LLC
Printed Name of Corporation,
Lion,
Partnerthip,Firm
Yk4 Antonio Assenza
Witness Printed Name of Owner
10191 W Sample Rd - Ste#103
Business Address
Coral Springs, FL 33065
954 p 225-3391
Business Phone Number
ACKNOWLEDGEMENT
State of FL
ay o B6•rn
The foregoing instrument was so-know/edged before me this 62 22 day of May ,20 l_2
Antonio d s s enza (Name), President
6T genera ContractT �°)of ors LI fj of Company)who is personally iomwn.to me or
who has produced as won and who did(did not)take en
oath.
WITNESS my hap ,end official seal.
NOTARY PUBLIC
,M, MI.Nn FF Od1173 {
(Na" b , slp,
or type as Commissioned)
CORAL SPRINGS
— EVERYTHING UNDER THE SUN--
DATE: April 30,2019 BID NO.: 19-B-063F
ADDENDUM NO.1
ANNUAL CONTRACT FOR U l'ILITY CONSTRUCTION SERVICES
In response to vendor inquiries,the following information is being provided:
1. The cutoff date for Contractor questions is Wednesday,May 15,2019 at 5:00 pm.
2. The annual expenditure for these services is$2,000,000.
3. A bid bond will not be required. However,if any work needed exceeds$100,000,performance and
payment bonds will be required. See Page'B of 14 of the Instructions to Bidders, Section 19
Payment and Performance Bonds,19.1.
4. For Award of Contract,see page 3 of 14,Section 4,4.5.
THIS ADDENDUM MUST BE RETURNED WITH YOUR PROPOSAL,
DUE MAY 22.2019 AT 2:00 P.M.
si. ature - .fig, "=senaa- =`President
GT General Contractors LLC
Company
14a,, 22; 209
Date
Miguel Machuca
Purchasing Agent
MIT AF r•rteeM Coining Pi AMA • MAMMA' WirVi Ft 1lFPARTHPM1T. rlier 4A%lliM hWtt1f by
CORAL SPRINGS
EVERYTHING UNDER THE SUN —
DATE: May 16,2019 BID NO.: 19-B-063F
ADDENDUM NO.2
ANNUAL CONTRACT FOR UTILITY CONSTRUCTION SERVICES
In response to vendor inquiries,the following information is being provided:
1. On Page 11 of 14 of the Instruction to Bidders,Section 21 Insurance,21.3(a)Professional Liability
Insurance is not required and has been omitted from the revised Instruction to Bidders.
2. On Page 11 of 14 of the melon to Bidders, Section 21 Insumpce, 21.3(c) Comprehensive
General Liability Insurance on the revised Instruction to Bidders has been changed to$2,000,000.
3. PIease omit the Bid Form Submission Checklist, it does not coincide with this solicitation. All
forms included in the Bid and Addendum must be submitted by the time and date listed below.
THIS ADDENDUM MUST BE RETURNED WITH YOUR PROPOSAL,
DUE MAY 2Z.2019 AT 2:00 P.M.
Signz'iire ;i--`onio . ea,-nza - President
GT General Contractors LLC
Company
May 22, 2019
Date
Miguel Machuca
Purchasing Agent
r'nv ffi"Nat laaiYfte �Aatrta - mmu*ufgat lmUti.ee ntnaaristatr- C9T1111fHtae[at" w I
VERTRIEB RESOLUTION
h --y Rosa Assenza (Name),the duly elected seam*ofGT General Contractors
_ I'LC (Corporate Tide),a corporation organized and existing under the laws of the State of
_-* _ Florida .do hereby cart*that the following Resolution was unanimously adopted and
passed by a quorum of the Board of Directors of the Said corporation at a meeting held in accordance with
law and the by-laws of the said corporation.
'TITS HEREBY RESOLVED THAT Antonio As senza Warne)„ The duly
clued President (Title of Oil)of GT General Contractors LLThIc)
be and is hereby autOrized to execute and submit a Bid and Bid Bond,if such bond is required,to the City
of Coral Springs and such other instnnnents in writing as maybe necessary on behalf ofthe said corporation;
and that the Bid,Bid Bond,and other such instruments signed by him/her shall be binding alien the said
corporation as its own acts and deeds. The secretary shall certify the navies and signatures of those
audiorized to act by the foregoing resolution.
The City of Coral Springs shall be iIdlyprotected in relying upon such certification ofthe secretary and shall
be indemnified and saved harmless from any and all claims,demands,expenses,loss or damage resulting
from or growing out of honoring, the signature of any person so certified or for refusing to honor any
signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the Inc,titles and official signatures of the persons authorized to
act by the foregoing resolution.
IstAzse `LE SIGNATURE
Antonio Assenza ��.� _ '
__ President
Rosa Assenza Secretary
Given under my hand and the Seal of the said corporation thit 3 day of May
. 201 9
(SEAL)
GT General ContractccA:w LLC
Corporate Title
0m:
Tit,*lima is a suggested form of the type ofCmporate Resohnion desired. Such form need not be followed
mplidtly,but the Ceitified Resolution submitted.must clearly show to the satisfaction ofthe City of Coral
Springs that the person signing the Bid and Bid Bond for the corporation has been properly empowered by
the voporation to do so in its behalf.
NON-COLLUS1VE AFFIDAVIT
State of FL
County of BWD
Antonio Aesenza being first duly sworn,deposes and says
that
(1) .He/she is the President ,(Owner,Partner,
(»,Reprmentative or Agent)of GT General Contractors LLC
the Bidder that has submitted the attached Bid;
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and of
all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor,any of its officers, partners,owners,agents, removes,
employees or parties in interest,including this affiant,have in any way colluded,conspired,
connived or agreed,directly or indirectly,with any other Bidder,firm,or person to submit a
collusive or sham Bid in connection with the Work for which the attached Bid has been
submitted;or to refrain from bidding in connection with such World or have in any manner,
directly or indirectly, sought by agreement or collusion,or communication,or conference
with any Bidder,firm,or person to fix the price or prices in the attached Bid or of any other
Bidder,or to fix any overhead,profit,or cost elements of the Bid price or the Bid price of
any other Bidder,or to secure trough any collusion, coy, connivance, or unlawful
agreement anyad (Recipient),or anyperson interested inihepcoposed Work
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion,conspiracy, connivance,or unlawful agreement on the part of the Bidder or any
other of its agents,Wives,owners,employees or parties in interest,including this
afeant.
Page 1 of 2 •
Signed,sealed and delivered
presence of
F..)ri V` BY:
eRbsa Assenza - Secretary Antonio Assenza
Name)
President
(Title)
ACINQWLB1C1BMBNT
State of FL
The foregoing instnunart was acknowledged before me this 2 2 day of e
MBY. _.._ .__. - 2a1�,by Antonio Assenza ,who ispemanelty known�me
or who has produced as identification and who did(did not)take an
oath.
WITNESS myirsid and official seal
NOTARY PUBLIC
;K Notary PAM SW Mr1s�e of!loft
-7«*Or bflove Qd'IAIJOOff 901176
(Name of Notary Public:Print,
Stamp,or Type as Commissioned.)
Page2of2
FORBI N(N ON-FLORIDAD CORPORATIONS MUST COS THIS FORM
DEPARTMENT OF STATE CORPORATE CHARTER NO. N/A
If your ernportdon is exempt tiom the requitement!of Sectlaa 607.1501,Florida Ste,YOU WW1'C1 ECJ BE{,,OW the
reasons)for the Bo on. Please cadact the Depailmest of State,Division ofCotpora r at( 50)24340511br aukdamce
for
607.1501 Authority of foreign corporadon to transact business required.
(1) Afbrta cxrporatlannmynot tea business in this states until it obtains a cart float of fromth.Depertmad
of Sande.
(2) The Wowing activities,among ohsa,do cot.utses treaseding business within tilt mantes of subcoctdo s(ix
__fa) Mailable&defending,or settling any
(b) Hong rsrettioga oftbe board of directors er shareholders or carrying on other activities concaning
internal empasate affairs.
(o) Maintabdng bank seootnds.
fd) Maintaining officals or amities for the tr ,sod regionofthe corporation's own
amities or maw trustees or depodtaria with respect to those securities.
(e) Selling tinnugh independent ceatracten.
(1) Soliciting or obtaining orders,whether by mall or through employees,spats,or OttitrWin,If the
cam require aoeeptannee outside this data bean they become warned.
( creating or acquiring indebtedness,mortgages,and security interests hired or personal iroperty.
(h) Securing er c lie dng debts or enitedng mortgages aid security interests in propaty securing the
debts.
(i1 Transacting business in interstate commerce.
a) Costbetang an isolated fins ads is complete widdn30 days and thatls not one bidet course of
repeated transacdons of a Bloc adore.
(ic) Owning and controlling a subsidiary cotparaticrs iacaaporated in or transuding business within this
state or votlsg the stockcf any carparaticn width k has lawfislly ate.
(1) Ogg a limited partnership interest in a limited partaaship that is doing business within this state,
unless such Suited mime. or controls the par ipar exercises deposers damsoda
general partner.
(m) Owning.without more,real or personal propetiy.
(3) The lint of activities in subsection(2)is not exhaustive.
(4) This section has no application to the question ofwbether any foreign corporation is aulrjoctto service amass sat
in this state under tow law ofthis state.
Pease check one of the Mowing if your firm is NQI a corporatist
m Pip,,Joint Vesture,Estate m Trust
(II) Sole Propdatorship or Self-Employed
1 This sheet=at be enclosed with your bid lfyon claim an exemption or have checked I ar II above. Nyco do not
chock;or II above,your firm will be eon idered a corpomdon and subject to all requhemenb listed heroin.
T a c tarts I
m Ceavrt4rerc4or5 C.LG
B 'S OO w=LECIALNAME
giciaAGENTOP BIDDER
OUALIFICATION STATE•
The undersigned certifies under oath the truth and correctness of all statements and of all answers
tc questions made hereinafter:
SUBMITTED TO: City of Coral Springs
(Purchasing Administrator)
ADDRESS: 9500 West Sample Road
Coral Springs,Florida 33065
eLRR.CLE ONE
SUBM 1TED By: GT General Contractors LLC
NAME Antonio Assenza _ Individual
Other
ADDRESS: 10191 W Sarn ,le Rd -. St # 103
Coral S rin•:s, FL 33065
TELEPHONE NO. (954) 225-3391
FAX NO. (954) 752-5158
E-MAIL ADDRESS: _ aaSSen�e� T�+ 4 vile rot I • Cow
1. Slate the true,exact,correct and complete name of the gip,corporation,trade or
fictitious name under which you do bps and the address of the place of business.
The correct name of the Bidder is: GT General Contractors LLC
e
The adder ofthie . e 10191 W Sample Rd - Ste# 103
p plate of busyness is �
e Coral Srin_a, FL 33065
2. If Bidder is a corporation,answer the following:
a. Date of Iacorpoaation: 01/08/2019 y— _
b. State of Incorporation: Florida
c. President's name: Antonio Assenza
d. Vice President's name: L= %.
e. S sname:� -_._ Rosa Assenza
E �+s�• e Antonio Assenza-
Page 1 of 4
g. Name and address of Resident Agent
Antonio Assenza
e 46�J NW 72 rid_Way
Park?and, FL 33067
3. If Bidder is an individual or a partnership,answer the following:
a. Dane of 'on:
b. Name,address and ownership units of all partners:
c. State whether general or limited partnership: ----4. If Bidder is other than an individual,corporation or partnership,de eriie the organic
and give the name and address off:
5. If Bidder is operating under a fictitious name,submit evidence of compliance with the
Florida Fictitious Name Statute.
6. How many years has your organization been in business under its present business name?
is Near
a. Under what other former names has your organization operated?
G1obeTec Construction LLC (Same (bmer: still active)
7. Indicate registration,license numbers or certificate numbers for the businesses or
professions,which am the subject of this Bid. Please attach certificate of competency
C In /COL"S..1J
Page 2 of 4
$. Ha y�a personally inspected the site of the proposed
9. Do yov,,bave a complete set of documents,including drawings and addenda?
(Y) `�/ (N)
10. Did you attend the Pp-Bid Conference if any such cow was held?
(Y) (N)
11. Have you ever,failed to complete lete any work awarded to you? If so,state when,where
and why?
No.
12. Within the last five(5)years,has any officer or partner of your organization ever been an
officer or partner off organization when it failed to complete a contract? If so,
aplain may.
NO.
Page 3 of 4
THE BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THE
INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS
STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE
CONTRACT AND SUCH INFORMATION IS WARRANTED BY BIDDER TO BE
TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT
MATERIALLY AFFECTS THE BIDDER'S QUALIFICATIONS TO PERFORM
UNDER THE CONTRACT SHALL CAUSE ME OWNER TO REJECT THE BID,
AND IF AFTER THE AWARD TO CANCEL AND TERMINATE ME AWARD
AND/OR CONTRACT.
Siglinitrr - ----
State of FL
Co»h►of e81113 ... r.
The foregoing instrument was wedged before me this 22 day of Hay
201_9y Antonio Assenza DM General Contractors is
personally known to me or who has produced as idenfifiaction and who did
(did not)take an oath.
WITNESS ny hard and official seal.
--" 6
NOTARY PUBLIC/
Wary1. NW Buis etPk ids
. , . Ronal oo Mist
Vo'ni Viircuiewilsoice FF Min
S 1 w a y y
(Name of Notary Public: Print,Stamp,
or type as Commissioned)
Page 4 of 4
REFERENCE1
In order to receive Bid Award C0113idaradOn on the proposed bid, this "References sheet"should be
completed and returned with your bid. This inf0FAISti011 may be used i0 determinks the Bid Award for
this contract.
Bidder(eompeny Immo - c.,-r en rei Co vr el 0/2-S C
Address:/0/9/ tid eent fa,t ' CirelI s/ Fe." oir
Teiephone r7 1 2 2 9
Fax No.: yi i
Contact person: (;it_ la e r.a.A , Title:
Number of years in business; e e,c h-ed tes - Years
E-mall Address: aa 5c en76% eh to cow"
Address of nearest Way: rg,1 frII . fr---
List five(5)companies or governmental agencies where these products and seiviz,-z bzve been provided
in the last two years:
1. Company Nme: HOnroe County BOCC
Address: vimonrce County Commission: Fa; Mast, F33049 e
Telephone No: 05 292-4441: gasteai-reman@menroecount -flogov
Q
Title: e County Manager Contact Person: Raman Gastesiii
Date Products Sokl: e 2003-2016
e
2. CAnnpanytimne: City of West Miami
Addmss: ewest Miami City Ball, Meet Miami, PL
e
Telephone No: Ilia-266-4214F juanparA0a4flinfwAstminmilbrg e
Contact Person:11?a4 Title: g#hlio Workenirector
Date Products Sat' -eto4-fo.D
3. Company Name: City of Marathon
Akins,: Marathon City Ban - Marathon, FL
Teleph&ie No: e peterOkeyeepa.00m
contact person: Peter Rosasco nde: City Administrator
Dat0PrOdUCISSOi4: 2006-201
64
4. Company Name: e south Florida water Management
Address: 3301 Gun club Rd - WPB. FL aues
Telephone No:
CadecaltrUME Jose Guardiario me: Construction Manager
DateRrOdlietSSOrti: 20S5-200
5, cm/ppm:044m: ePalm Beach County Water Utilities Department
Address: 8100 Forest Bill Blvp. WPB. FL 33413
Telephone No:f_„0i. 42,3-610 mriccaboncepbcwater.can
ContactPerson: e Vincent Biccobono Construction Services Manager
Date Products Sold: Lona
CONSTRUCTION SERVICES
GENERAL CONDITIONS
ARTICLE 1 -DEFINITIONS
Wherever used in these Construction Services General Conditions or in the other Contract
Documents the following terms have the meanings indicated which are applicable to both the
singular and plural thereof:
Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify,
correct or change the bidding Documents or the Contract Documents.
i4t reement-The written agreement between OWNER and CONTRACTOR covering the Work
to be performed including other Contract Documents that are attached to the Agreement or made
a part thereof.
Application for Payment- The form accepted by PROJECT MANAGER which is to be used
by CONTRACTOR in requesting progress or final payment and which is to include such
supporting documentation as is required by the Contract Documents.
ARCHITECT—Architectural consulting firm representing the City of Coral Springs,Florida.
-The offer or proposal of the bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
Bonds-Bid,performance and payment bonds and other instruments of security.
Chan Order - A document recommended by Contractor, PROJECT MANAGER, or Owner
which is signed by CONTRACTOR, PROJECT MANAGER,ARCHITECT, and OWNER and
authorizes an addition,deletion or revision in the Work,or an adjustment in the Contract Price or
the Contract Time,issued on or after the Effective Date of the Agreement
Contract Documents - The Contract Documents consist of the Drawings, Plans and
Specifications, Bid Form, CONTRACTOR'S Bid, including documentation accompanying Bid
and post Bid documentation submitted prior to the Notice of Award, Qualifications Statement,
Contract and all Exhibits attached thereto, Addenda, and Notice of Award, Notice to Proceed,
Payment and Performance Bonds,the Construction Services General Conditions, Supplementary
Conditions,any additional documents which are required to be submitted under the Contract,and
all amendments, modifications and supplements issued on or after the effective date of the
contract
Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract
Documents as stated in the Agreement(subject to the provisions of the Contract in the case of
Unit Price Work).
Contract Time-The date stated in the Agreement for the completion of the work.
Page 1 of 44
Doc.130682
CONTRACTOR- The person, firm or corporation with whom OWNER has entered into the
Agreement.
Defective -An adjective which when modifying the Work refers to Work that is unsatisfactory,
faulty or deficient, or does not conform to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the Contract
Documents, or has been damaged prior to PROJECT MANAGER'S recommendation of final
payment.
Drawings-The drawings which show the character and scope of the Work to be performed and
which have been prepared by the ARCHITECT and are referred to in the Contract Documents.
Field Order-A written order issued by PROJECT MANAGER which orders minor changes in
the Work but which does not involve a change in the Contract Price or the Contract Time.
Notice of Award-The written notice by OWNER to the apparent successful bidder stating that
upon compliance by the apparent successful bidder with the conditions precedent enumerated
therein,within the time specified OWNER will sign and deliver the Agreement.
Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to
PROJECT MANAGER) fixing the date on which the Contract Time will commence to rim and
on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the
Contract Documents. This written notice will also state the dates of substantial and final
completion of the project.
OWNER-The City of Coral Springs,Florida with whom CONTRACTOR has entered into the
Agreement and for whom the Work is to be provided.The OWNER'S representative shall be the
City Manager or his designee unless otherwise specified in the Contract Documents.
PROJECT MANAGER-OWNER's Construction Project Manager or as otherwise designated
by the City Manager.
Shot' Drawinua - All drawings, diagrams, illustrations, schedules and other data which are
specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all
illustrations,brochures, standard schedules,performance charts,instructions,diagrams and other
information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or
equipment for some portion of the Work.
Specifications - Those portions of the Contract Documents consisting of written technical
descriptions of materials, equipment, construction systems, standards and Workmanship as
applied to the Work and certain administrative details applicable thereto.
Page 2 of 44
Doe.13068E
Subcontractor - An individual, firm or corporation having a direct Contract with
CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at
the site.
Sppulier-A manufacturer,fabricator,supplier,distributor,materialman or vendor.
Under<l round Facilities -All pipelines, conduits, ducts, cables,wires,manholes, vaults,tanks,
tunnels or other such facilities or attachments, and any encasements containing such facilities
which have been installed underground to furnish any of the following services or materials:
electricity, gases, steam, liquid petroleum products, telephone or other communications, cable
television sewage and drainage removal, traffic or other control systems or water, and all
irrigation systems on or contiguous to the worksite.
Work - The entire completed construction or the various separately identifiable parts thereof
required to be furnished under the Contract Documents. Work is the result of performing
services, furnishing labor and furnishing and incorporating materials and equipment into the
construction,all as required by the Contract Documents.
Work Allowance: A pre-set amount of funds added to the bid form pricing page. These
moneys are only to be used for additional work that may be needed due to change orders and
unforeseen conditions that increase the submitted bid amount, as approved by the City. This
work allowance will not be made part of the contract sum as shown in the contract documents.
Work Directive Change - A written directive to CONTRACTOR, issued on or after the
Effective Date of the Agreement and signed by OWNER and recommended by PROJECT
MANAGER ordering an addition,deletion or revision in the Work,or responding to differing or
unforeseen physical conditions under which the Work is to be performed as provided in
Paragraph 4.2 or 4.3 or to emergencies under Paragraph 5.13. A Work Directive Change may
not change the Contract Price or the Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive Change will be incorporated in a
subsequently issued Change Order following negotiations by the parties as to its effect,if any,on
the Contract Price or Contract Time as provided in Paragraph 9.
Written Amendment - A written amendment of the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with
the non-engineering or non-technical aspects rather than strictly Work related aspects of the
Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
2.1 Delivery of Bonds and Insurance:
Prior to award of the Contract by OWNER, CONTRACTOR shall deliver to OWNER
copies of the certificate(s)of insurance evidencing the coverages required hereunder and
specifically providing that the City of Coral Springs is an additional named insured or
additional insured. Payment and performance bonds which CONTRACTOR is required
Page 3 of 44
Doc.130682
to furnish in accordance with this Contract must be provided to OWNER within fifteen
(15)days after issuance of Notice of Award.
2.2 Commencement of Contract Time;Notice to Proceed:
The Work shall commence subsequent to the execution of this Contract by all parties and
upon a written Notice to Proceed from OWNER. No Work shall be done at the site prior
to the date on which the Contract Time commences to run.
OWNER shall furnish to CONTRACTOR up to two (2) copies of the Contract
Documents. Additional copies will be furnished upon request, at the cost of
reproduction.
23 Preconstraction Conference:
Within twenty (20) days after the Effective Date of the Agreement, but before
CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR,
PROJECT MANAGER, and ARCHITECT and others as appropriate will be held to
discuss the schedules referred to in Paragraph 2.4, to discuss procedures for handling
Shop Drawings and other submittals and for processing Applications for Payment,and to
establish a Working understanding among the parties as to the Work.
2A Finalizing Schedules:
At least ten(10)days before submission of the first Application for Payment a conference
attended by CONTRACTOR, PROJECT MANAGER, and ARCHITECT and others as
appropriate will be held to finalize the schedules and procedures to establish a Working
understanding among the parties. The finalized progress schedule will be acceptable to
PROJECT MANAGER and ARCHITECT as providing an orderly progression of the
Work to completion within the Contract time,but such acceptance will neither impose on
PROJECT MANAGER'S OR ARCHITECT'S responsibility for the progress or
scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor.
The finalized schedule of Shop Drawing submissions will be acceptable to PROJECT
MANAGER and ARCHITECT as providing a Workable arrangement for processing the
submissions. The finalized schedule of values will be acceptable to PROJECT
MANAGER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS INTENT.AMENDING.REUSE
3.1 Entire Agreement:
The Contract Documents comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work. The Contract Documents are complimentary;
what is called for by one is as binding as if called for by all. The Contract Documents
will be construed in accordance with the laws of the State of Florida.
3.2 Intent:
Page 4 of 44
Doo.130682
It is the intent of the Contract Documents to describe a functionally complete Project(or
part thereof)to be constructed in accordance with the Contract Documents. Any Work,
materials or equipment that may reasonably be inferred from the Contract Documents as
being required to produce the intended result will be supplied whether or not specifically
called for. When words which have a well known technical or trade meaning are used to
describe Work, materials or equipment, such words shall be interpreted in accordance
with that meaning. Reference to standard specifications, manuals or codes of any
technical society, organization or association, or to the laws or regulations of any
governmental authority,whether such reference be specific or by implication,shall mean
the latest standard specification,manual,code or laws or regulations in effect at the time
of opening of Bids, except as may be otherwise specifically stated. However, no
provision of any referenced standard specification, manual or code (whether or not
specifically incorporated by reference in the Contract Documents) shall be effective to
change the duties and responsibilities of OWNER,CONTRACTOR,or ARCHITECT,or
any of their consultants, agents or employees from those set forth in the Contract
Documents.
3.3 Conflict,Error or Discrepancy:
If, during the performance of the Work, CONTRACTOR finds a conflict, error or
discrepancy in the Contract Documents, interpretations will be based on the following
priorities:
1.Change Orders.
2.The Contract and the Exhibits thereto.
3.Addenda,with those of later date having precedence over those of earlier date.
4.The General Conditions of the Contract for Construction
5.Division 1 of the Specifications.
6.Drawings and Divisions 2-49 of the Specifications
7.Other documents specifically enumerated in the Agreement as part of the
Contract Documents.
8.Written interpretation or clarification from ARCHITECT.
3.4 Amending and Supplementing Contract Documents:
The Contract Documents may be amended to provide for additions, deletions and
revisions in the Work or to modify the terms and conditions thereof in one or more of the
following ways:
3.4.1 A Change Order;or
3.4.2 A formal written amendment.
3.5 Supplements,Minor Variations or Deviations:
Page 5 of 44
Doc.130682
In addition,the requirements of the Contract Documents may be supplemented and minor
variations and deviations in the Work may be authorized in one or more of the following
ways:
3.5.1 ARCHITECT'S approval of a Shop Drawing or sample;or
3.5.2 PROJECT MANAGER'S written interpretation or clarification.
3.5.3 A field order.
3.6 Reuse of Documents:
Neither CONTRACTOR nor any subcontractors or Supplier or other person or
organization performing or furnishing any of the Work under a direct or indirect Contract
with OWNER shall have or acquire any title to or ownership rights in any of the
Drawings, Specifications or other Documents (or copies of any thereof) prepared by or
bearing the seal of the ARCHITECT;and they shall not reuse any of them on extensions
of the Project or any other project without written consent of OWNER.
ARTICLE 4 - AVAILABILITY OF LANDS! PHYSICAL CONDITIONS? REFERENCE
POINTS
4.1 Availability of Lands:
OWNER shall furnish, as indicated in the Contract Documents,the lands upon which the
Work is to be performed,rights-of-way and easements for access thereto, and such other
lands which are designated for the use of CONTRACTOR CONTRACTOR shall
provide at CONTRACTOR'S own expense and without liability to OWNER any and all
additional lands and access thereto that may be required for temporary construction
facilities or storage of materials and equipment CONTRACTOR shall furnish to
OWNER copies of written permission that is obtained from the owners of such facilities.
It is the responsibility of the CONTRACTOR to leave the additional lands in the same
condition as prior to work startup. Any damages caused by CONTRACTOR will be
remedied at CONTRACTOR'S expense.
4.2 Physical Conditions:
4.2.1 Shown or Indicated: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER or ARCHITECT by
the owners of such Underground Facilities or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
42.1.1 OWNER and ARCHITECT shall not be responsible for the
accuracy or completeness of any such information or data;and
Page 6 of 44
Doc.130682
4.2.1.2 CONTRACTOR shall have full responsibility for reviewing and
checking all such information and data, for locating all
Underground Facilities shown or indicated in the Contract
Documents, for coordination of the work with the owners of such
Underground Facilities during construction, for the safety and
protection thereof and repairing any damage thereto resulting from
the work, the costs of all of which will be considered as having
been included in the Contract Price.
4.2.2 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at
or contiguous to the site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reasonably have been expected
to be aware of,CONTRACTOR shall,promptly after becoming aware thereof and
before performing any work affected thereby (except in an emergency as
permitted by paragraph 5.13), identify the owner of such Underground Facility
and give written notice thereof to that owner and to OWNER and ARCHITECT.
ARCHITECT will promptly review the Underground Facility to determine the
extent to which the Contract Documents should be modified to reflect and
document the consequences of the existence of the Underground Facility, and the
Contract Documents will be amended or supplemented to the extent necessary.
During such time, CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility. CONTRACTOR shall be allowed an
extension of the Contract Time to the extent that any delay is attributable to the
existence of any Underground Facility that was not shown or indicated in the
Contract Documents and of which existence CONTRACTOR could not
reasonably have been expected to be aware. If the parties are unable to agree as
to the appropriate length of delay, CONTRACTOR may make a claim therefore
as provided in this Contract.
4.3 Reference Points:
OWNER shall provide engineering surveys to establish reference points for construction
which in PROJECT MANAGER'S judgment are necessary to enable CONTRACTOR to
proceed with the Work. CONTRACTOR shall be responsible for laying out the Work to
protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall report
to PROJECT MANAGER whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or locations,and shall be responsible
for the accurate replacement or relocation of such reference points by professionally
qualified personnel.
ARTICLE 5-CONTRACTOR'S RESPONSIBILITIES
5.1 Supervision and Superintendence:
Page 7 of 44
Doc.I30682
CONTRACTOR shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction. CONTRACTOR shall be responsible to see
that the finished Work complies accurately with the Contract Documents.
5.2 Resident Superintendent
CONTRACTOR shall keep on the worksite at all times during its progress a competent
resident superintendent and any necessary assistants who shall not be replaced without
written notice to OWNER and ARCHfflE I unless the superintendent proves to be
unsatisfactory to CONTRACTOR and ceases to be in his employ. The superintendent
will be CONTRACTOR'S representative at the site and shall have authority to act on
behalf of CONTRACTOR. All communications given to the superintendent shall be as
binding as if given to CONTRACTOR.
53 Labor,Materials and Equipment:
CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay
out the Work and perform construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline and order at the site. Except
in connection with the safety or protection of persons or the Work or property at the site
or adjacent thereto, and except as otherwise indicated hi the Contract Documents, all
Work at the site shall be performed during regular working hours, and CONTRACTOR
will not permit overtime Work or the performance of Work on Saturday, Sunday or any
legal holiday without OWNER'S written consent given after prior written notice to
PROJECT MANAGER.
5.3.1 Unless otherwise specified in the bid documents, CONTRACTOR shall,furnish
and assume full responsibility for all materials, equipment, labor, transportation,
construction equipment and machinery,tools,appliances, fuel,power,light, heat,
telephone,water,sanitary facilities,temporary facilities and all other facilities and
incidentals necessary for the furnishing, performance, testing, start-up and
completion of the Work.
5.3.2 All materials and equipment shall be of good quality and new,except as otherwise
provided in the Contract Documents. If required by ARCHITECT,
CONTRACTOR shall furnish satisfactory evidence(including reports of required
•tests) as to the kind and quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable Supplier except
as otherwise provided in the Contract Documents; but no provision of any such
instructions will be effective to assign to ARCHITECT, or any of
ARCHITECT'S consultants, agents or employees, any duty or authority to
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supervise or direct the furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provisions of Articles 8 and 9.
5.4 Substitutes or"Or Equal" Items
5.4.1 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular
Supplier the naming of the item is intended to establish the type, function and
quality required. Unless the name is followed by words indicating that no
substitution is permitted, materials or equipment of other Suppliers may be
accepted by ARCHITECT if sufficient information is submitted by
CONTRACTOR to allow ARCHITECT to determine that the material or
equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by ARCHITECT
from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or
use a substitute item of material or equipment, CONTRACTOR shall make
written application to ARCHITECT for acceptance thereof certifying that the
proposed substitute will perform adequately the functions and achieve the results
called for by the general design, be similar and of equal substance to that
specified and be suited to the same use as that specified. The application must
state that the evaluation and acceptance of the proposed substitute will not
prejudice CONTRACTORS achievement of Substantial Completion on time,
whether or not acceptance of the substitute for use in the Work will require a
change in any of the Contract Documents(or in the provisions of any other direct
Contract with OWNER for Work on the Project) to adapt the design to the
proposed substitute and whether or not incorporation or use of the substitute in
connection with the Work is subject to payment of any license fee or royalty. All
variations of the proposed substitute from that specified will be identified in the
application and available maintenance, repair and replacement service will be
indicated. The application will also contain an itemized estimate of all costs that
will result directly or indirectly from acceptance of such substitute, including
costs of redesign and claims of other CONTRACTORS affected by the resulting
change, all of which shall be considered by ARCHITECT in evaluating the
proposed substitute. ARCHITECT may require CONTRACTOR to furnish at
CONTRACTOR'S expense additional data about the proposed substitute.
5.4.2 If a specific means, method,technique, sequence or procedure of construction is
indicated in or required by the Contract Documents,CONTRACTOR may furnish
or utilize a substitute means, method, sequence, technique or procedure of
construction acceptable to ARCHITECT, if CONTRACTOR submits sufficient
information to allow ARCHITECT to determine that the substitute proposed is
equivalent to that indicated or required by the Contract Documents. The
procedure for review by ARCHITECT will be similar to that provided in
Paragraph 5.4.1 as applied by ARCHITECT and as may be supplemented in the
Contract Documents.
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5.4.3 ARCHITECT will be allowed a reasonable time within which to evaluate each
proposed substitute. ARCHITECT will be the sole judge of acceptability,and no
substitute will be ordered, installed or utilized without ARCHITECT'S prior
written acceptance which will be evidenced by either a Change Order or an
approved Shop Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR'S expense a special performance guarantee or other surety with
respect to any substitute.
5.5 Concerning Subcontractors,Suppliers and Others:
5.5.1 CONTRACTOR shall be filly responsible to OWNER and ARCHITECT for all
acts and omissions of the Subcontractors, Suppliers and other persons directly or
indirectly employed by his Subcontractors, Suppliers and of persons for whose
acts any of them may be liable and any other persons and organizations
performing or furnishing of the Work under a direct or indirect Contract with
CONTRACTOR to the same extent that CONTRACTOR is responsible for the
acts and omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any Contractual relationship between OWNER or
ARCHITECT and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the part of OWNER or
ARCHITECT to pay or to see to the payment of any moneys due any such
Subcontractor, Supplier or other person or organization except as may otherwise
be required by laws and regulations.
5.5.2 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to
an appropriate agreement between CONTRACTOR and the Subcontractor which
specifically binds the Subcontractor to the applicable terms and conditions of the
Contract Documents for the benefit of OWNER and ARCHITECT.
5.6 Patent Fees and Royalties:
CONTRACTOR shall pay all license fees and royalties and assume all costs incident to
the use in the performance of the Work or the incorporation in the Work of any invention,
design,process,product or device which is the subject of patent rights or copyrights held
by others.
5.7 Permits:
CONTRACTOR shall obtain and pay for all permits and licenses. CONTRACTOR shall
pay all government charges and inspection fees as required by OWNER. OWNER
reserves the right to waive as it deems appropriate all municipal permit and inspection
fees related to this contract. However, OWNER shall require that CONTRACTOR to
pay all fees relative to re-inspections,as they may be required from time to time.
5.8 Laws and Regulations:
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5.8.1 CONTRACTOR shall give all notices and comply with all laws and regulations
applicable to furnishing and performance of the Work. Neither OWNER nor
PROJECT MANAGER or ARCHITECT shall be responsible for monitoring
CONTRACTOR'S compliance with any laws and regulations.
5.8.2 If CONTRACTOR observes that the Specifications or Drawings are at variance
with any laws or regulations, CONTRACTOR shall give ARCHITECT prompt
written notice thereof,and any necessary changes will be authorized by one of the
methods indicated in Paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to such laws or regulations,
and without such notice to ARCHITECT, CONTRACTOR shall bear all costs
arising therefrom.
5.9 Taxes:
5.9.1 CONTRACTOR shall pay all sales, consumer, use and other similar taxes
required to be paid by CONTRACTOR in accordance with the laws and
regulations of the State of Florida and its political subdivisions which are
applicable during the performance of the Work.
5.10 Use of Premises:
5.10.1 CONTRACTOR shall confine construction equipment, the storage of materials
and equipment and the operations of Workers to the Project site and areas
identified in and permitted by the Contract Documents and other land and areas
permitted by laws and regulations,rights-of-way,permits and casements and shall
not unreasonably encumber the premises with construction equipment or other
materials or equipment CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant thereof or of any
land or areas contiguous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ARCHITECT by any such owner
or occupant because of the performance of the Work, CONTRACTOR shall
promptly attempt to settle with such other party by agreement or otherwise
resolve the claim. The general indemnification provided elsewhere in this
Contract specifically applies to claims arising out of CONTRACTOR'S use of the
premises.
5.10.2 During the progress of the Work, CONTRACTOR shall keep the premises free
from accumulations of waste materials, rubbish and other debris resulting from
the Work. At the completion of the Work CONTRACTOR shall remove all waste
materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and
shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR
shall restore to original condition all property not designated for alteration by the
Contract Documents.
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5.10.3 CONTRACTOR shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure,nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or pressures that will
endanger it.
5.11 Record Documents:
CONTRACTOR shall maintain in a safe place at the site one record copy of all
Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work
Directive Changes, Field Orders and written interpretations and clarifications in good
order and annotated to 'show all changes made during construction. These record
Documents together with all approved samples and a counterpart of all approved Shop
Drawings will be available to PROJECT MANAGER and ARCHITECT for reference.
Upon completion of the Work,these record Documents,samples and Shop Drawings will
be delivered to ARCHITECT for OWNER..
5.12 Safety and Protection:
5.12.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the Work to prevent
damage, injury or loss to all employees on the worksite and other persons and
organizations who may be affected thereby; all the Work and materials and
equipment to be incorporated therein, whether in storage on or off the site; and
other property at the site or adjacent thereto,including trees,shrubs,lawns,walks,
pavements, irrigation systems, roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or replacement in the course of
construction.
5.12.2 CONTRACTOR shall furnish watchmen, flagmen, warning signs, cones,
barricades, flashing lights and other necessary safeguards in sufficient numbers
and at appropriate locations to protect and divert vehicular and pedestrian traffic
from working areas closed to traffic,or to protect any new Work. Such watchmen
and flagmen shall be furnished on a twenty-four(24)hour basis when conditions
require. CONTRACTOR and all Subcontractors shall take all necessary
precautions to guard against and eliminate all possible fire hazards and prevent
injury to persons or fire damage to any construction, building materials,
equipment, temporary field offices, storage sheds, and all other property, both
public and private, particularly when gas or arc welding and cutting is taking
place. Open flames including the use of flambeaux are strictly prohibited. No
additional payment will be made for signs, barricades, lights, flags, watchmen,
flagmen,required fire extinguishing apparatus and personnel,and other protective
devices. CONTRACTOR shall not use explosives on the site, nor allow
explosives of any type or nature to be brought upon the site of the construction,
without the express written approval of OWNER and PROJECT MANAGER.
When the use of explosives is authorized by OWNER and PROJECT
MANAGER, CONTRACTOR shall exercise the utmost care in handling and
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usage of such explosives for the protection of life and property. All explosives
shall be stored in a safe manner and storage places shall be clearly marked -
"DANGEROUS-EXPLOSIVES"and placed in the care of competent watchmen.
When such use of explosives becomes necessary, CONTRACTOR shall furnish
to OWNER, proof of insurance coverage, adequately providing public liability
and property damage insurance as a rider attached to CONTRACTOR'S policies
unless otherwise included.
5.12.3 CONTRACTOR shall comply with all applicable laws and regulations of any
public body having jurisdiction for the safety or persons or property or to protect
them from damage, injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR shall notify owners of
Underground Facilities and utility owners when prosecution of the Work may
affect them, and shall cooperate with them in the protection,removal,relocation
and replacement of their property. All damage, injury or loss to any property
caused directly or indirectly by workers employed by and of them to perform or
furnish any of the Work or anyone for whose acts any of them may be liable,shall
be remedied by CONTRACTOR. CONTRACTOR'S duties and responsibilities
for the safety and protection of the Work shall continue until such time as all the
Work is completed and ARCHITECT has issued a notice to OWNER and
CONTRACTOR in accordance with Paragraph 13.8 that the Work is acceptable
(except as otherwise expressly provided in connection with substantial
Completion).
5.12.4 CONTRACTOR shall designate a responsible representative at the worksite
whose duty shall be the prevention of accidents. This person shall be
CONTRACTOR'S superintendent unless otherwise designated in writing by
CONTRACTOR to OWNER.
5.13 Emergencies:
5.13.1 In emergencies affecting the safety or protection of persons or the Work or
property at the worksite or adjacent thereto, CONTRACTOR, without special
instruction or authorization from ARCHITECT to OWNER, is obligated to act to
prevent threatened damage,injury or loss. CONTRACTOR shall give PROJECT
MANAGER prompt written notice if CONTRACTOR believes that any
significant changes in the Work or variations from the Contract Documents have
been caused thereby. If PROJECT MANAGER determines that a change in the
Contract Documents is required because of the action taken in response to an
emergency,a Change Order will be issued or an amendment made through proper
procedures to document the consequences of the changes or variations.
5.13.2 CONTRACTOR shall be required to remove all materials from the job site and
provide safe storage for the same, that may be blown about or become a hazard
during a hurricane or windstorm. CONTRACTOR shall also take necessary
precautions to remove bulkheads, dams or other structures blocking drains in the
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event of the threat of flooding condition. No extra pay will be allowed for this
Work.
5.14 Shop Drawings and Samples:
5.14.1 After checking and verifying all field measurements and after complying with
applicable procedures specified in the Project Specifications or plans,
CONTRACTOR shall submit to ARCHITECT for review and approval in
accordance with the accepted schedule of Shop Drawing submissions or for other
appropriate action if so indicated,five(5)copies of all Shop Drawings,which will
bear a stamp or specific written indication that CONTRACTOR has satisfied
CONTRACTOR'S responsibilities under the Contract Documents with respect to
the review of the submission. All submissions will be identified as ARCHITECT
may require. The data shown on the Shop Drawings will be complete with
respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to enable ARCHITECT to review the information as
required.
5.14.2 CONTRACTOR shall also submit to ARCHITECT for review and approval with
such promptness as to cause no delay in the Work, all samples required by the
Contract Documents. All samples will have been checked by and accompanied
by a specific written indication that CONTRACTOR has satisfied
CONTRACTOR'S responsibilities under the Contract Documents with respect to
the review of the submission and will be identified clearly as to material,
Supplier,pertinent data such as catalog numbers and the use for which intended.
5.14.3 Before submission of each Shop Drawing or sample CONTRACTOR shall have
determined and verified all quantities,dimensions, specified performance criteria,
installation requirements,materials,catalog numbers and similar data with respect
thereto and reviewed or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of the Work and the
Contract Documents.
5.14.4 At the time of each submission, CONTRACTOR shall give ARCHITECT
specific written notice of each variation that the Shop Drawings or samples may
have from the requirements of the Contract Documents, and, in addition, shall
cause a specific notation to be made on each Shop Drawing submitted to
ARCHITECT for review and approval of each such variation. Failure to point out
such departures shall not relieve CONTRACTOR from his responsibility to
comply with the Contract Documents.
5.15 Continuing the Work
CONTRACTOR shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with OWNER. No Work shall be delayed or postponed
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pending resolution of any disputes or disagreements,or as CONTRACTOR and OWNER
may otherwise agree in writing.
5.16 Indemnification:
5.16.1 General Indemnification: The parties agree that one percent (I%) of the total
compensation paid to CONTRACTOR for the work of the Contract shall
constitute specific consideration to CONTRACTOR for the indemnification to be
provided under the Contract. To the fullest extent permitted by laws and
regulations, CONTRACTOR shall indemnify, save and hold harmless OWNER,
its officers, agents and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys fees, to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the
performance of the Work. Such indemnification shall specifically include but not
be limited to claims,damages,losses and expenses arising out of or resulting from
(a)any and all bodily injuries,sickness,death,disease;(b)injury to or destruction
of tangible personal property, including the loss of use resulting therefrom; (c)
other such damages, liabilities or losses received or sustained by any person or
persons during or on account of any operations connected with the construction of
this project including the warranty period; (d)the use of any improper materials;
(e) any construction defect including patent defects; (f) the violation of any
federal, state, county or city laws, by-laws, ordinances or regulations by
CONTRACTOR, his Subcontractors, agents, servants or employees; (g) the
breach or alleged breach by CONTRACTOR of any term of the Contract,
including the breach or alleged breach of any warranty or guarantee.
5.16.2 Patent and Copyright Indemrificcation: CONTRACTOR agrees to indemnify,
save and hold harmless OWNER, its officers, agents and employees, from all
such claims and fees, and from any and all sites and actions of every name and
description that may be brought against OWNER, its officers, agents and
employees, on account of any claims, fines, fees, royalties, or costs for any
invention or patent, and from any and all suits and actions that may be brought
against OWNER, its officers, agents and employees for the infringement of any
and all copyrights or patent rights claimed by any person,firm,or corporation.
5.16.3 CONTRACTOR shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever, excluding only those in which the damages arose out of
the sole negligence of OWNER, in connection with the foregoing
indemnifications, including, but not limited to, reasonable attorneys fees and
costs to defend all claims or suits in the name of OWNER when applicable.
5.16.4 OWNER reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith including any
costs or fees of an appeal shall be the responsibility of CONTRACTOR under the
indemnification agreement. Such indemnification shall not be limited to the
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amount of comprehensive general liability insurance which CONTRACTOR is
required to obtain under the Contract, Nothing contained herein is intended nor
shall it be construed to waive OWNER'S rights and immunities under the
common law or Florida Statute 768.28 as amended from time to time. This
obligation shall not be construed to negate,abridge,or otherwise reduce any other
right or obligation of indemnity which would otherwise exist as to any party
described in this Paragraph 5.16 and its subparts.
5.17 Liability for Use of Work for Intended Purposes:
As an inducement for OWNER'S Commission to enter into this agreement,
CONTRACTOR has represented an expertise in the construction of and completion of
like projects as described in these bid specs. In reliance upon those representations,
OWNER hired CONTRACTOR for specified construction services and documents.
CONTRACTOR understands and agrees that OWNER intends to utilize said plans for the
stated purposes and therefore CONTRACTOR shall be liable for any defective or
negligent design,whether patent or latent,as such may be found by a court of competent
jurisdiction.
5.18 Design Responsibilities:
5.18.1 CONTRACTOR shall determine the general scope, extent and character of the
work. CONTRACTOR shall prepare preliminary design documents consisting of
final design criteria, preliminary drawings, outline specifications and written
description of the work. CONTRACTOR shall submit the preliminary design
documents to ARCHITECT for review and authorization to proceed with the final
design preparation. Upon written authorization from ARCHITECT to proceed
with the final design, CONTRACTOR shall prepare final drawings, plans,
specifications, technical criteria, written descriptions and design data and submit
the same to ARCHITECT for approval prior to commencing construction of the
work. All final design documents,plans,reports, studies and other data prepared
by CONTRACTOR shall bear the endorsement of a person in the full employ of
CONTRACTOR and duly registered in the appropriate professional category.
5.18.2 After ARCHITECT'S acceptance of the final design documents, the original set
of CONTRACTOR'S drawings, tracings, plans and maps shall be provided to
ARCHITECT along with one (1) record set of full size prints. CONTRACTOR
shall signify,by affixing an endorsement(seal/signature,as appropriate)on every
sheet of the record set,that the work shown on the endorsed sheets was produced
by CONTRACTOR. With the tracings and the record set of prints,
CONTRACTOR shall submit a final set of design computations. The
computations shall be bound in an 8-1/2" x 11" format and shall be endorsed
(seal/signature as appropriate) by CONTRACTOR. Upon approval of the final
design documents.ARCHITECT shall issue a written authorization to commence
construction.
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5.18.3 Work Property of 9WNER All tracings, plans, specifications, maps and/or
reports prepared or obtained under this agreement shall be considered works made
for hire and shall become the property of OWNER without restriction or
limitation on their use.
5.18.4 Performance Standards: All services shall be performed by CONTRACTOR to
the satisfaction of ARCHITECT who, upon making a determination of
acceptance or satisfaction shall utilize generally accepted engineering standards as
well as the design criteria found in the Florida Department of Transportation's,
Broward County Engineering Division's and OWNER'S published and approved
engineering standards. ARCHITECT shall decide all questions, and disputes of
any nature whatsoever that may arise by reason of the execution of this
Agreement and the prosecution and fulfillment of the services hereunder.
5.18.5 Operations Manuals: Training: CONTRACTOR shall provide OWNER with
two (2) hard copies and one (1) electronic copy of operating, maintenance and
training manuals for the Work and shall assist OWNER in training OWNER'S
staff to operate and maintain the work.
ARTICLE 6 - OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS
6.1.1 OWNER reserves the right to award separate contracts for, or to perform with its
own forces, construction or operations related to the Work or other construction
or operations at or affecting the project site, including portions of the Work which
may have been deleted by Change Order. CONTRACTOR shall cooperate with
OWNER'S forces and Separate Contractors.
6.1.2 PROJECT MANAGER will provide coordination of the activities of OWNER'S
forces and of each Separate Contractor with the Work of CONTRACTOR.
CONTRACTOR shall participate with OWNER and Separate Contractors in joint
review of construction schedules and project requirements when directed to do so.
6.1.3 The project,of which this Contract is a part,will include other contracts for work
to be performed and work to be performed by the OWNER on the same site. By
entering into this Contract, CONTRACTOR acknowledges that OWNER has the
right to enter into other contracts with Separate Contractors,and to perform work,
and that the work of said contracts and OWNER may(i)be in close proximity to
and/or performed contemporaneously with the Work of this Contract, and
(ii)result in delays in or disruptions to CONTRACTOR'S Work.
6.1.4 CONTRACTOR further agrees as follows:
6.1.4.1 The OWNER shall afford CONTRACTOR, Separate Contractors or
OWNER forces reasonable opportunity for the introduction and storage of
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their materials and the execution of their work. CONTRACTOR shall
properly connect and coordinate its construction and operations with the
construction and operations ns of Separate Contractors and OWNER forces,as
required by the Contract Documents.
6.1.4..2 CONTRACTOR shall cooperate with Separate Contractors and OWNER
on the project site and will do nothing to delay,hinder, disrupt,or interfere
with the work of Separate Contractors or OWNER.. CONTRACTOR shall
coordinate its Work with the work of any Separate Contractor and agrees to
attend any coordination meetings scheduled for this purpose by the
PROJECT MANAGER.Any dispute between the CONTRACTOR and any
Separate Contractor over how the work of the various trades should be
coordinated, shall be promptly submitted by CONTRACTOR to the
PROJECT MANAGER. CONTRACTOR agrees to cooperate with the
development of; and to be bound by, any reasonable coordination plan
directed by PROJECT MANAGER to address the dispute, even if
CONTRACTOR does not agree with the coordination plan so developed
CONTRACTOR agrees that if its work is delayed, hindered, disrupted or
interfered with by a Separate Contractor, to the extent such delays,
hindrances, disruptions, and interferences result in CONTRACTOR
working beyond the Contract Time, through no fault of the
CONTRACTOR,the CONTRACTOR shall be subject to a time extension,
but no compensation from the OWNER, provided the CONTRACTOR
complies with the requirements of the Contract for seeking a time extension,
including without limitation, the requirements set forth in these General
Conditions.
6.1.4.3 CONTRACTOR agrees that its sole remedy for damage or loss,including
delay damages, suffered as a result of actions by a Separate Contractor,
other than that specified in this Article, shall be against such Separate
Contractor, their officers, agents, employees, consultants, subcontractors
and, if available, surety bonds. CONTRACTOR further agrees to
indemnify OWNER, their officers, agents, employees, consultants, or
subcontractors for any damage or loss by a Separate Contractor allegedly
caused by with the work of the CONTRACTOR or Separate Contractor
except as provided in this Article.
6.2 MUTUAL RESPONSIBILITY
6.2.1 CONTRACTOR shall afford OWNER and Separate Contractors
opportunity for introduction and storage of their materials and equipment
and performance of their activities. CONTRACTOR shall connect,
schedule, and coordinate its construction and operations with the
construction and operations of OWNER and Separate Contractors in
accordance with the direction of PROJECT MANAGER.
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6.2.2 If a portion of the Work is dependent upon the proper execution or results
of other construction or operations by OWNER or Separate Contractors,
CONTRACTOR shall inspect such other construction or operations before
proceeding with that portion of the Work. CONTRACTOR shall
promptly report to PROJECT MANAGER apparent discrepancies or
defects which render the other construction or operations unsuitable to
receive the Work. Unless otherwise directed by PROJECT MANAGER,
CONTRACTOR shall not proceed with the portion of the Work affected
until apparent discrepancies or defects have been corrected. Failure of
CONTRACTOR, to so report within a reasonable time after discovering
such discrepancies or defects shall constitute an acknowledgment that the
other construction or operations by OWNER or Separate Contractors is
suitable to receive the Work, except as to defects not then reasonably
discoverable.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises between CONTRACTOR and Separate Contractors as
to the responsibility under their respective contracts for maintaining the
project site and surrounding areas free from waste materials and rubbish,
OWNER may clean up and allocate the cost between those firms it deems
to be responsible.
ARTICLE 7-OWNER'S RESPONSIBILITIES-GENERALLY
7.1 OWNER shall issue all communications to CONTRACTOR through PROJECT
MANAGER.
7.2 OWNER shall furnish the data required of OWNER under the Contract Documents
promptly and shall make payments to CONTRACTOR pursuant to Article 13.
7.3 OWNER'S duties in respect of providing lands and easements and providing engineering
surveys to establish reference points are set forth hi Article 4. Article 4 also refers to
OWNER'S identifying and making available to CONTRACTOR copies of reports of
explorations and tests of subsurface conditions at the site which are known and readily
available to OWNER.
7.4 OWNER is obligated to execute Change Orders as indicated in Articles 9, 10&11.
7.5 OWNER shall have such other responsibilities and rights as are expressed in the Contract
Documents.
ARTICLE 8- ARCHITECT'S STATUS DURING CONSTRUCTION
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8.1 OWNER'S Representative:
PROJECT MANAGER will be OWNER'S representative during the construction period
and until final payment is due. The duties and responsibilities and the limitations of
authority of PROJECT MANAGER as OWNER'S representative during construction are
set forth in the Contract Documents and shall not be extended without written consent of
OWNER.
8.2 Visits to Site:
PROJECT MANAGER will make visits to the site at intervals appropriate to the various
stages of construction to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. PROJECT MANAGER'S efforts will be directed toward providing for
OWNER a greater degree of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site inspections, PROJECT
MANAGER shall keep OWNER informed of the progress of the Work and shall
endeavor to guard OWNER against defects and deficiencies in the Work.
8.3 Technical Clarifications and Interpretations:
ARCHITECT will issue with reasonable promptness such written clarifications or
interpretations of the technical requirements of the Contract Documents as ARCHITECT
may determine necessary,which shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR believes that a.written
clarification or interpretation justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in this Contract. Should
CONTRACTOR fail to request interpretation of questionable items in the Contract
Documents neither OWNER nor ARCHITECT will thereafter entertain any excuse for
failure to execute the Work in a satisfactory manner.
8.4 Authorized Variations in Work:
ARCHITECT may authorize minor variations in the Work from the technical
requirements of the Contract Documents which do not involve an adjustment in the
Contract Price or the Contract Time and are consistent with the overall intent of the
Contract Documents. These may be accomplished by a field order and will be binding on
OWNER, and also on CONTRACTOR who shall perform the Work involved promptly.
If CONTRACTOR believes that a field order justifies an increase in the Contract Price or
an extension of the Contract Time and the parties are unable to agree as to the amount or
extent thereof;CONTRACTOR may make a claim therefor as provided elsewhere in this
Contract.
8.5 Rejecting Defective Work:
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ARCHITECT will have the authority to disapprove or reject Work which ARCHITECT
believes to be defective, and will also have authority to require special inspection or
testing of the Work whether or not the Work is fabricated,installed or completed.
8.6 Decisions on Disputes:
ARCHITECT will be the initial interpreter of the technical requirements of the Contract
Documents and the acceptability of the Work thereunder. Claims, disputes and other
matters relating to the acceptability of the Work or the interpretation of the requirements
of the Contract Documents pertaining to the performance and furnishing of the Work and
claims under Articles 10 and 11 in respect of changes in the Contract Price or Contract
Time will be referred initially to ARCHITECT in writing with a request for a formal
decision in accordance with this Paragraph, which ARCHITECT will render in writing
within a reasonable time. Written notice of each such claim, dispute and other matter
will be delivered by the claimant to ARCHITECT and OWNER promptly, but in no
event later than three (3) days after the occurrence of the event giving rise thereto, and
written supporting data will be submitted to ARCHITECT and OWNER within seven(7)
calendar days after such occurrence unless ARCHITECT allows an additional period of
time to ascertain more accurate data in support of the claim. The rendering of a decision
by ARCHITECT with respect to any such claim, dispute or other matter (except any
which have been waived by the making or acceptance of final payment as provided in
Paragraph 13.8) will be a condition precedent to any exercise by OWNER or
CONTRACTOR of such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of any such claim, dispute or
other matter.
8.7 Limitations on ARCHITECT'S Responsibilities:
8.7.1 Neither ARCHITECT'S authority to act under this Article 8 or elsewhere in the
Contract Documents nor any decision made by ARCHITECT in good faith either
to exercise or not exercise such authority shall give rise to any duty or
responsibility of ARCHITECT or CONTRACTOR, any Subcontractor, any
supplier, or any other person or organization performing any of the Work, or to
any surety for any of them except as such duties and responsibilities are included
within the Contract Documents.
8.7.2 ARCHITECT will not be responsible for the acts or omissions of
CONTRACTOR or of any subcontractor, any supplier, or of any other person or
organization performing or furnishing any of the Work. ARCHITECT shall not
be responsible for safety measures on the project This is the responsibility of the
CONTRACTOR.
ARTICLE 9-CHANGES IN THE WORK
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9.1 OWNER, without invalidating the Agreement, may order changes in the work which do
not materially alter the scope and character of the work of the Agreement or the
completion date. All such changes in the work shall be authorized by a Change Order.
Any individual Change Order which decreases the cost of the work to OWNER or
increases the cost of the work by an amount not in excess of forty thousand and xx/100
dollars ($40,000.00) must be authorized and approved by OWNER'S Purchasing
Administrator prior to their issuance. Such authorization for Change Order approvals has
a cumulative limit of twenty percent (20%) of the original contract award amount. Any
individual Change Order which increases the cost of the work to OWNER by an amount
which exceeds forty thousand and xx/100 dollars ($40,000.00), or any Change Order
submitted for approval after the cumulative twenty percent(20%)limit has been reached,
must be formally authorized and approved by the OWNER'S Commission prior to their
issuance and before work may begin. No claim against OWNER for extra work in
furtherance of such Change Order shall be allowed unless prior approval has been
obtained.
9.2 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an
increase or decrease in the Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive Change, a claim may be
made therefor as provided in Article 10 or Article I I.
93 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension
of the Contract Time with respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented except in the case of an
emergency and except in the case of uncovering Work as those situations are addressed
herein.
9.4 OWNER and CONTRACTOR shall execute appropriate change orders or written
amendments covering:
9.4.1 Changes in the Work which are ordered by OWNER pursuant to Paragraph 9.1,
and/or are required to correct defective Work or are agreed to by the parties;and
9.4.2 Changes in the Contract Price or Contract Time which are agreed to by the
parties.
Provided that, in lieu of executing any such change order,an appeal may be taken
from any such decision in accordance with the provisions of the Contract
Documents and applicable laws and regulations, but during any such appeal,
CONTRACTOR shall carry on the Work and adhere to the progress schedule.
Proposed change orders shall be prepared by CONTRACTOR on forms approved
by OWNER. All Change Order submissions shall carry the signatures of the
PROJECT MANAGER,ARCHITECT and CONTRACTOR and be submitted for
approval in accordance with Article 9.1.
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9.5 If notice of any change affecting the general scope of the Work or the provisions of the
Contract Documents (including, but not limited to, Contract Price or Contract Time) is
required by the provisions of any Bond to be given to a surety, the giving of any such
notice shall be CONTRACTOR'S sole responsibility, and the amount of each applicable
bond shall be adjusted accordingly.
ARTICLE 10-CHANGE OF CONTRACT PRICE
10.1 The Contract Price constitutes the total compensation(subject to authorized adjustments)
payable to CONTRACTOR for performing the Work. All duties, responsibilities and
obligations assigned.to or undertaken by CONTRACTOR shall be at his expense without
change in the Contract Price.
10.2 The Contract Price may only be changed by a Change Order or by a written amendment
Any claim for an increase or decrease in the Contract Price shall be based on written
notice delivered to ARCHITECT promptly(but in no event later than three(3)days after
the occurrence of the event giving rise to the amount of the claim with supporting data to
be delivered within seven (7) days and shall be accompanied by claimant's written
statement that the amount claimed covers all known amounts (direct, indirect and
consequential) to which the claimant is entitled as a result of the occurrence of said
event No resolution of a claim for adjustment in the Contract Price shall be effective
until approved by OWNER in writing. No claim for an adjustment in the Contract Price
will be valid if not submitted in accordance with this Paragraph.
10.3 The value of any Work covered by a change order or of any claim for an increase or
decrease in the Contract Price shall be determined in one of the following ways:
10.3.1 Where the Work involved is covered by unit prices contained in the Contract
Documents,by application of unit prices to the quantities of the items involved.
10.3.2 In accordance with the requirements of Article 9.1, by mutual acceptance of a
lump sum(which may include an allowance for overhead and profit including any
subcontractor fees)which shall Dot exceed 25%of the mill contract t k as
reran or cadraot mica es.8041410 13Y IC IIPPICt9bk 211041P_SitliK_
written saw wcuted by all parties.
10.3.3 On the basis of the cost of the Work(determined as provided in Paragraphs 10.4
and 10.5) plus a CONTRACTOR'S Fee for overhead and profit (determined as
provided in Paragraphs 10.6 and 10.7).
10.4 Cost of the Work
The term "Cost of the Work" means the sum of all direct costs necessarily incurred and
'paid by CONTRACTOR in the proper performance of the work. Except as otherwise
may be agreed to in writing by OWNER such costs shall be in amounts no higher than
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those prevailing in the locality of the project, shall include only the following items and
shall not include any of the costs itemized in Paragraph 10.5:
10.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the
performance of the work under schedules of job classifications agreed upon by
OWNER and CONTRACTOR. Payroll costs for employees not employed full
time on the work shall be apportioned on the basis of their time spent on the work.
Payroll costs shall include, but not be limited to, salaries and wages plus the cost
of fringe benefits which shall include social security contributions,
unemployment, excise and payroll taxes, Worker's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday pay applicable
thereto. Such employees shall include superintendents and foremen at the site.
The expenses of performing work after regular working hours, on Saturday,
Sunday or legal holidays, shall not be included in the above unless authorized in
writing by OWNER.
10.4.2 Cost of all materials and equipment furnished and incorporated in the work,
including costs of transportation and storage thereo& and suppliers field services
required in connection therewith. All cast discounts, rebates and refunds and all
returns from sale of surplus materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may be obtained.
10.4.3 Supplemental costs including the following:
10.4.3.1 Cost, including transportation and maintenance of all materials,
supplies, equipment, machinery, appliances, office and temporary
facilities at the site and hand tools not owned by the brokers,which
are consumed in the performance of the work.
10.4.3.2 Rentals of all construction equipment and machinery and the parts
thereof, whether rented from CONTRACTOR or others in
accordance with rental agreements approved by OWNER with the
advice of PROJECT MANAGER, and the costs, of transportation,
loading, unloading, installation, dismantling and removal thereof-
all in accordance with terms of said rental agreements. The rental
of any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
10.4.3.3 Sales, consumer, use or similar taxes related to the work and for
which CONTRACTOR is liable,imposed by laws and regulations.
10.4.3.4 Royalty payments and fees for permits and licenses.
10.4.3.5 The cost of utilities,fuel and sanitary facilities at the site.
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10.4.3.6 Minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash
items in connection with the work.
10.4.3.7 Cost of premiums for additional bonds and insurance required
because of changes in the work.
10.5 Not Included In the Cost of the Work:
The term cost of the work shall not include any of the following.
10.5.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives,
principals (of partnership and sole proprietorships), general managers, engineers,
architects,estimators,attorneys,auditors,accountants,purchasing and contracting
agents, expediters, timekeepers, clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch
office for general administration of the work and not specifically included in the
agreed upon schedule of job classifications referred to in paragraph 10.4.1 -all of
which are to be considered administrative costs covered by CONTRACTOR'S
fee.
10.5.2 Expenses of CONTRACTOR'S principal and branch offices other than
CONTRACTOR'S office at the site.
10.5.3 Any part of CONTRACTOR'S capital expenses, including interest on
CONTRACTOR'S capital employed for the work and charges against
CONTRACTOR for delinquent payments.
10.5.4 Costs due to the negligence of CONTRACTOR, any subcontractor, or anyone
directly or indirectly employed by any of them or for whose acts any of them may
be liable, including but not limited to,the correction of defective work, disposal
of materials or equipment wrongly supplied and making good any damage to
pr'oPedy.
10.5.5 Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in Paragraph 10.4.
10.6 CONTRACTOR'S Fee:
CONTRACTOR'S fee allowed to CONTRACTOR for overhead and profit shall be
determined as follows:
10.6.1 A mutually acceptable negotiated fee:
10.6.1.1 For costs incurred under Paragraphs 10.4.1 and 10.4.2,
CONTRACTOR'S fee shall not exceed ten percent(10%).
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10.6.1.2 No fee shall be payable on the basis of costs itemized under
Paragraphs 10.4.3.1, 10.4.3.2, 10.4.3.3, 10.4.3.4, 10.4.3.5, 10.4.3.6,
10.4.3.7, 10.5, 10.5.1, 10.5.2, 10.5.3, 10.5.4,and 10.5.5.
10.6.1.3 The amount of credit to be allowed by CONTRACTOR to
OWNER for any such change which results in a net decrease in
cost will be the amount of the actual net decrease plus a deduction
in CONTRACTOR'S fee by an amount equal to ten percent(10%)
for the net decrease.
10.6.1.4 When both additions and credits are involved in any one change
the combined overhead and profit shall be figured on the basis of
net increase if any, however, profit will not be paid on any work
not performed.
10.6.1.5 The CONTRACTOR'S fee on Change Orders shall be as follows:
(a) A mutually acceptable fixed fee,or if none can be agreed upon,
(b) A fee based upon a percentage of the net change to the Cost of the
Work resulting from the Change Order not to exceed ten percent
(10%).
Subcontractor's percentage markup on change orders for overhead
and profit shall be reasonable, but in no event shall the aggregate
of the subcontractor's overhead and profit markups exceed ten
percent (10%). In the event subcontractor is affiliated with the
CONTRACTOR by common ownership or management, or is
effectively controlled by the CONTRACTOR, no fee will be
allowed on the subcontractor costs. In the event there is more than
one level of subcontractors such as second and third tier
subcontractors, the sum of all of the subcontractor's percentage
markups for overhead and profit shall not in the aggregate exceed
twenty percent(20%).
In no event shall the total aggregate percentage of markups for
overhead and profit,as provided for hi this Article,exceed twenty
five percent(25%).
10.7 Cost Breakdown Required:
Whenever the cost of any work is to be determined pursuant to Paragraphs 10.4 or 10.5
CONTRACTOR will submit in a form acceptable to ARCHITECT an itemized cost
breakdown together with supporting data_
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ARTICLE 11 -CONTRACT TIME
11.1 Commencement:
The date of commencement of the Work is the date established in the Notice to Proceed.
11.2 Time of Substantial Completion:
The date of substantial completion of the Work or designated portion thereof is the date
certified by ARCHITECT when construction is sufficiently complete, in accordance with
the Contract Documents, so OWNER can occupy or utilize the Work or designated
portion thereof for the purposes for which it is intended.
11.3 Change of Contract Time:
11.3.1 All time limits stated in the Contract Documents are of the essence of the
Agreement. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN
FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST THE OWNER BY REASON OF ANY DELAYS. CONTRACTOR
shall not be entitled to an increase in the Contract Price or payment or
compensation of any kind from OWNER for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption,
interference be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by CONTRACTOR for hindrances or delays due
solely to fraud, bad faith or active inference on the part of OWNER or its
agents. Otherwise, CONTRACTOR shall be entitled only to extensions of the
Contract Time as the sole and exclusive remedy for such resulting delay, in
accordance with and to that extent specifically provided above. No extension of
time shall be granted for delays resulting from normal weather conditions
prevailing in the area as defined by the average of the last ten (10) years of
weather data as recorded by the United States Department of Commerce,National
Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station.
11.3.2 .NO RECOVERY FOR EARLY COMPLETION. If the CONTRACTOR
submits a schedule or expresses an intention to complete the Work earlier than
any required milestone or completion date,the OWNER shall not be Iiable to the
CONTRACTOR for any costs incurred because of delay or hindrance should the
CONTRACTOR be unable to complete the Work before such milestone or
completion date. The duties, obligations and warranties of the OWNER to the
CONTRACTOR shall be consistent with and applicable only to the completion of
the work and completion dates set forth in these Construction Services General
Conditions.
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11.3.3 The Contract Time may only be changed by a change order or a written
amendment. Any claim for extension of time shall be made in writing to
ARCHITECT not more than three(3)days after the detection or beginning of the
occurrence of the event giving rise to the delay and stating the general nature of
the claim; otherwise, it shall be waived. In the case of a continuing delay only
one claim is necessary. CONTRACTOR shall provide an estimate of the
probable effect of such delay on the progress of the Work.
11.4 Liquidated Damages:
Upon failure of CONTRACTOR to complete the Work within the time specified for final
completion, (plus approved extensions if any)CONTRACTOR shall pay to OWNER the
sum of Two Hundred dollars($200)for each calendar day that the substantial completion
of the Work is delayed beyond the time specified in the Contract for substantial
completion, as fixed and agreed liquidated damages and not as a penalty. After
substantial completion, if CONTRACTOR neglects, fails or refuses to complete the
remainder of the Work within the Contract Time or any approved extension thereon
CONTRACTOR shall pay to OWNER the sum of One Hundred dollars ($100)for each
calendar day(plus approved extensions if any)after the time specified in the Contract for
final completion and readiness for final payment as fixed and agreed liquidated damages
and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of damages
that will be sustained by OWNER as a consequence of such delay and both parties
desiring to obviate any question of dispute concerning the amount of said damages and
the cost and effect of the failure of CONTRACTOR to complete the Contract on time.
Regardless of whether or not a single Contract is involved, the above-stated liquidated
damages shall apply separately to each portion of the Work for which a time of
completion is given. OWNER shall have the right to deduct from and retain out of
moneys which may be then due or which may become due and payable to
CONTRACTOR, the amount of such liquidated damages and if the amount retained by
OWNER is insufficient to pay in full such liquidated damages,the CONTRACTOR shall
pay in full such liquidated damages. CONTRACTOR shall be responsible for
reimbursing OWNER, in addition to liquidated damages or other per day damages for
delay, for all costs of engineering, architectural fees, and inspection and other costs
incurred in administering the construction of the project beyond the completion date
specified or beyond an approved extension of time granted to CONTRACTOR whichever
is later.
ARTICLE 12 - WARRANTY AND GUARANTEE' TESTS AND INSPECTIONS!
CORRECTION.REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
12.1 Warranty and Guarantee:
CONTRACTOR warrants and guarantees to OWNER and ARCHITECT that all Work
will be in accordance with the Contract Documents and will not be defective. Prompt
notice of all defects shall be given to CONTRACTOR All defective Work,whether or
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not in place, may be rejected, corrected or accepted. CONTRACTOR warrants to
OWNER that the consummation of the Work provided for in the Contract Documents
will not result in the breach of any term or provisions of or constitute a default under any
indenture, mortgage, Contract, or agreement to which CONTRACTOR is a party.
CONTRACTOR warrants that there has been no violation of copyrights or patent rights
in connection with the Work of the Contract.
12.2 Access to Work:
ARCHITECT, PROJECT MANAGER and other representatives of OWNER, testing
agencies and governmental agencies with jurisdictional interests shall have access to the
Work at reasonable times for their observation, inspecting and testing. CONTRACTOR
shall provide proper and safe conditions for such access.
12.3 Tests and Inspection:
12.3.1 CONTRACTOR shall give ARCHITECT, PROJECT MANAGER, or City
Building Division Inspector timely notice of readiness of the Work for all
required inspections,tests or approvals.
12.3.2 CONTRACTOR shallassumeresponsibility, all in O fullcosts connection
pay
therewith and furnish ARCHITECT the required certificates of inspection,�1� 4 8
or approval for all materials, equipment or the Work or any part thereof unless
otherwise specified herein.
12.3.3 If any Work (including.the Work of others) that is to be inspected, tested or
approved is covered without written concurrence of ARCHITECT, it must, if
requested by ARCHITECT, be uncovered for examination and properly restored
at CONTRACTOR'S expense. Such uncovering shall be at CONTRACTOR'S
expense unless CONTRACTOR has given ARCHITECT timely notice of
CONTRACTOR'S intention to cover the same and ARCHITECT has not acted
with reasonable promptness in response to such notice.
12.3.4 Neither observations by ARCHITECT nor inspections, tests or approvals by
others shall relieve CONTRACTOR from CONTRACTOR'S obligations to
perform the Work in accordance with the Contract Documents.
12.4 Uncovering the Work:
12.4.1 If any work is covered contrary to the written request of ARCHITECT,it must,if
requested by ARCHITECT, be uncovered for ARCHITECT'S observation and
replaced at CONTRACTOR'S expense.
12.4.2 If ARCHITECT considers it necessary or advisable that covered work be
observed by ARCHITECT of inspected or tested by others, CONTRACTOR, at
ARCHITECT'S request, shall uncover, expose or otherwise make available for
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observation, inspection or testing as ARCHITECT may require, that portion of
the work in question,furnishing all necessary labor,material and equipment. If it
is found that such work is defective,CONTRACTOR shall bear all direct,indirect
and consequential costs of such uncovering,exposure,observation,inspection and
testing and of satisfactory reconstruction (including but not limited to fees and
charges of engineers, architects, attorneys and other professional(s)), and
OWNER shall be entitled to an appropriate decrease in the contract price, and if
the parties are unable to agree as to the amount thereof may make a claim
therefore as provided in the contract documents. I& however, such work is not
found to be defective, CONTRACTOR shall be allowed an increase in the
contract price or an extension of the contract time,or both,directly attributable to
such uncovering and, if the parties are unable to agree as to the amount or extent
thereof; CONTRACTOR may make a claim therefore as provided in the contract
documents.
12.5 OWNER May Stop the Work:
If the Work is defective, or CONTRACTOR fails to supply sufficient skilled Workers or
suitable materials or equipment, or fails to furnish or perform the Work in such a way
that the completed Work will conform to the Contract Documents, OWNER may order
CONTRACTOR to stop the Work,or any portion thereof; until the cause for such order
has been eliminated;however,this right of OWNER to stop the Work shall not give rise
to any duty on the part of OWNER to exercise this right for the benefit of
CONTRACTOR or any other party.
12.6 Correction or Removal of Defective Work:
If required by ARCHITECT, CONTRACTOR shall promptly,as directed, either correct
all defective Work,whether or not fabricated, installed or completed, or,if the Work has
been rejected by ARCHITECT,remove it from the site and replace it with non-defective
Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such
correction or removal (including but not limited to fees and charges of engineers,
architects,attorneys and other professionals)made necessary thereby.
12.7 One Year Correction Period:
If within one(I)year after the date of completion or such longer period of time as may be
prescribed by laws or regulations or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, CONTRACTOR shall promptly,without
cost to OWNER and in accordance with OWNER'S written instructions, either correct
such defective Work, or, if it has been rejected by OWNER, remove it from the site and
replace it with non-defective Work. If CONTRACTOR does not promptly comply with
the terms of such instructions, or in an emergency where delay would cause serious risk
of loss or damage,OWNER may have the defective Work corrected or the rejected Work
removed and replaced, and all direct, indirect and consequential costs of such removal
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and replacement (including but not limited to fees and charges of engineers, architects,
attorneys and other professionals) will be paid by CONTRACTOR. In special
circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction period for that item may
start to run from an earlier date if so provided in the Specifications or by written
amendment.
ARTICLE 13-PAYMENTS TO CONTRACTOR AND COMPLETION
13.1 Schedule of Values:
The schedule established as provided in Paragraph 2.4 will serve as the basis tor progress
payments and will be incorporated into a form of Application for Payment acceptable to
ARCHITECT.
13.2 Application for Progress Payment:
At least ten(10)days before each progress payment is scheduled(but not more often than
once a month),CONTRACTOR shall submit to ARCHITECT for review an Application
for Payment filled out and signed by CONTRACTOR covering the Work completed as of
the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested on the basis of materials
and equipment not incorporated in the Work but delivered and suitably stored at the site
or at another location agreed to in writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice or other documentation warranting that OWNER
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances(which are hereinafter in these Construction Services General
Conditions referred to as "Liens") and evidence that the materials and equipment are
covered by appropriate property insurance and other arrangements to protect OWNER'S
interest therein, all of which will be satisfactory to OWNER The amount of retainage
with respect to progress payments will be as stipulated in the Agreement.
133 CONTRACTOR'S Warranty of Title:
CONTRACTOR warrants and guarantees that title to all Work,materials and equipment
covered by an Application for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of final payment free and clear of all Liens.
13.4 Review of Applications for Progress Payments:
ARCHITECT will, within ten (10) days after receipt of each Application for Payment,
either indicate in writing a recommendation of payment, or return the Application to
CONTRACTOR indicating in writing ARCHITECT'S reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application. OWNER shall make payment to
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CONTRACTOR within thirty (30)calendar days after approval by the ARCHITECT of
CONTRACTOR'S requisition for payment.
13.5 Grounds for Refusal:
ARCHITECT may refuse to recommend the whole or any part of any payment if, in
ARCHITECT'S opinion, it would be incorrect to make such representation to OWNER
ARCHITECT may also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of subsequent inspections or tests,nullify
any such payment previously recommended, to such extent as may be necessary in
ARCHITECT'S opinion to protect OWNER from loss because:
13.5.1 The Work is defective,or completed Work has been damaged requiring correction
or replacement.
13.5.2 The Contract Price has been reduced by Written Amendment or Change Order.
13.5.3 Of ARCHITECT'S actual knowledge of the occurrence of any of the events
outlined elsewhere in the Contract Documents that represent grounds for refusal
of payment in whole or part. OWNER may refuse to make payment of the full
amount recommended by ARCHITECT because claims have been made by
OWNER on account of CONTRACTOR'S performance or furnishing of the Work
or Liens have been filed in connection with the Work or there are other items
entitling OWNER to a set-off against the amount recommended, but OWNER
must give CONTRACTOR written notice stating the reasons for such action
within a reasonable time from receipt of ARCHITECTS recommendation for
payment on that matter.
13.6 Final Inspection:
Upon written notice from CONTRACTOR that the entire Work or an agreed portion
thereof is complete, ARCHITECT will make a final inspection with OWNER and
CONTRACTOR and will notify CONTRACTOR in writing of all particulars hi which
this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall
immediately take such measures as are necessary to remedy such deficiencies.
13.7 Final Application for Payment:
After CONTRACTOR has completed all such corrections to the satisfaction of
ARCHITECT and OWNER and delivered all maintenance and operating instructions,
schedules,guarantees,bonds,certificates of inspection,marked up record Documents and
other Documents - all as required by the Contract Documents, and after ARCHITECT
has indicated that the Work is acceptable, CONTRACTOR may make application for
final payment following the procedure for progress payments. The final Application for
Payment shall be accompanied by all documentation called for in the Contract
Documents,together with complete and legally effective releases or waivers(satisfactory
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to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu
thereof and as approved by OWNER,CONTRACTOR may furnish receipts or releases in
full; an affidavit of CONTRACTOR that the releases and receipts include all labor,
services, material and equipment for which a Lien could be filed, and that all payrolls,
material and equipment bills,and other indebtedness connected with the Work for which
OWNER or OWNER'S property might in any way be responsible, have been paid or
otherwise satisfied; and consent of the surety, if any, to final payment. If any
Subcontractor or supplier fails to furnish a release or receipt in full,CONTRACTOR may
furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against
any lien. In addition, CONTRACTOR shall also submit with the final application for
payment,the completed set of"As-Built"prints for review and approval. Final payment
to CONTRACTOR shall not be made until said prints have been reviewed and approved
by ARCHITECT. Prior to approval, if necessary, the prints may be returned to
CONTRACTOR for changes or modifications and if in the opinion of ARCHITECT they
do not represent correct or accurate"AS-BUILTS".
13.8 Final Payment and Acceptance:
13.8.1 If, on the basis of ARCHITECT'S observation of the Work during construction
and final inspection, and ARCHITECT'S review of the final Application for
Payment and accompanying documentation - all as required by the Contract
Documents, ARCHITECT is satisfied that the Work has been completed and
CONTRACTOR'S other obligations under the Contract Documents have been
fulfilled, ARCHITECT will, within ten (10) days after receipt of the final
Application for Payment, indicate in writing ARCHITECT'S recommendation of
payment and present the Application to OWNER for payment. Thereupon
ARCHITECT will give written notice to OWNER and CONTRACTOR that the
Work is acceptable. Otherwise, ARCHITECT will return the Application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend
final payment, in which case CONTRACTOR shall make the necessary
corrections and resubmit the Application. Thirty (30) days after presentation to
OWNER of the Application and accompanying documentation, in appropriate
form and substance, and with ARCHITECT'S recommendation and notice of
acceptability, the amount recommended by ARCHITECT
will become due and
will be paid by OWNER to CONTRACTOR.
13.8.2 If, through no fault of CONTRACTOR, final completion of the Work is
significantly delayed and if ARCHITECT so confirms, OWNER shall, upon
receipt of CONTRACTOR'S final Application for Payment and recommendation
of ARCHITECT, and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not fully completed or
corrected is less than the retainage stipulated in the Agreement,and if bonds have
been furnished as required,the written consent of the surety to the payment of the
balance due for that portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ARCHITECT with the Application for such
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payment Such payment shall be made under the terms and conditions governing
final payment,except that it shall not constitute a waiver of claims.
13.8.3 Any moneys not paid by OWNER when claimed to be due to CONTRACTOR
under this Contract shall gol be subject to interest, including but not limited to
pre-judgment interest.
13.9 CONTRACTOR'S Continuing Obligation:
CONTRACTOR'S obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by ARCHITECT,nor any payment by OWNER to CONTRACTOR under the
Contract Documents, nor any use or occupancy of the Work or any part thereof by
OWNER,nor any act of acceptance by OWNER nor any failure to do so,nor any review
and approval of a Shop Drawing or sample submission, nor the issuance of a notice of
acceptability by ARCHITECT, nor any correction of defective Work by OWNER will
constitute an acceptance of Work not in accordance with the Contract Documents or a
release of CONTRACTOR'S obligation to perform the Work in accordance with the
Contract Documents.
13.10 Waiver of Claims:
The acceptance of final payment shall constitute a waiver of all claims by
CONTRACTOR against OWNER other than those previously made in writing and still
unsettled as of the date of final payment.
13.11 OWNER May Suspend Work:
OWNER may, at any time and without cause, suspend the Work or any portion thereof
for a period of not more than ninety (90) days by notice in writing to CONTRACTOR
and ARCHITECT which will fix the date on which Work will be resumed.
CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time,or both,
directly attributable to any suspension if CONTRACTOR makes an approved claim
therefor as provided in the Contract Documents.
13.12 OWNER May Terminate:
Upon the occurrence of any one or more of the following events:
13.12.1 If CONTRACTOR commences a voluntary case under any chapter of the
Bankruptcy Code as now or hereafter in effect, or if CONTRACTOR
takes any equivalent or similar action by filing a petition or otherwise
under any other federal or state law in effect at such time relating to the
bankruptcy or insolvency.
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13.12.2 If a petition is filed against CONTRACTOR under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing,or if a
petition is filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the time
relating to bankruptcy or insolvency.
13.12.3 If CONTRACTOR makes a general assignment for the benefit of
creditors.
13.12.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed
under applicable law or under Contract,whose appointment or authority to
take charge of property of CONTRACTOR is for the purpose of enforcing
a Lien against such property or for the purpose of general administration
of such property for the benefit of CONTRACTOR'S creditors.
13.12.5 If CONTRACTOR admits in writing an inability to pay its debts generally
as they become due.
13.12.6 If CONTRACTOR persistently fails to perform the Work in accordance
with the Contract Documents (including but not limited to, failure to
supply sufficient skilled Workers or suitable materials or equipment or
failure to adhere to the progress schedule as same may be revised from
time to time).
13.12.7 If CONTRACTOR disregards laws or regulations of any public body
having jurisdiction.
13.12.8 If CONTRACTOR disregards the authority of ARCHITECT
and/or PROJECT MANAGER.
13.12.9 If CONTRACTOR otherwise violates in any substantial way any
provisions of the Contract Documents.
OWNER may,after giving CONTRACTOR and the surety seven(7)days
written notice and to the extent permitted by laws and regulations,
terminate the services of CONTRACTOR,exclude CONTRACTOR from
the site and take possession of the Work and of all CONTRACTOR'S
tools, appliances, construction equipment and machinery at the site and
use the same to full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or
for which OWNER has paid CONTRACTOR but which are stored
elsewhere, and finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of completing the
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Work (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed
such unpaid balance, CONTRACTOR shall pay the difference to
OWNER. Such costs incurred by OWNER will be approved as to
reasonableness by ARCHITECT and incorporated in a Change Order,but
when exercising any rights or remedies under this Paragraph OWNER
shall not be required to obtain the lowest price for the Work performed.
13.12.10 Where CONTRACTOR'S services have been so terminated by OWNER,
the termination will not affect any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter accrue. Any
retention or payment of moneys due CONTRACTOR by OWNER will not
release CONTRACTOR from liability.
13.13 Termination for Convenience of OWNER:
Upon seven (7) days written notice delivered by certified mail to CONTRACTOR,
OWNER may, without cause and without prejudice to any other right or remedy,
terminate the agreement for OWNER'S convenience whenever OWNER determines that
such termination is in the best interests of OWNER. Where the agreement is terminated
for the convenience of OWNER,the notice of termination to CONTRACTOR must state
that the Contract is being terminated for the convenience of the OWNER under the
termination clause, the effective date of the termination and the extent of termination.
Upon receipt of the notice of termination for convenience, CONTRACTOR shall
promptly discontinue all Work at the time and to the extent indicated on the notice of
termination, terminate all outstanding Subcontractors and purchase orders to the extent
that they relate to the terminated portion of the Contract, and refrain from placing further
orders and subcontracts, except as they may be necessary, and complete any continued
portions of the work.
13.14 Termination by CONTRACTOR
If the Work should be stopped under an order of any court of other public authority for a
period of more than ninety (90) days through no act or fault of CONTRACTOR or of
anyone employed by him, or if ARCHITECT fails to review and approve or state in
writing reasons for non-approval of any application for payment within thirty (30) days
after it is submitted or if OWNER fails to pay CONTRACTOR within thirty (30) days
after presentation by ARCHITECT of any sum determined to be due, then
CONTRACTOR may, upon ten (10)days written notice to OWNER and ARCHITECT
stop Work or terminate this Contract and recover from OWNER, payment for all Work
executed and any expense sustained. The provisions of this Paragraph shall not relieve
CONTRACTOR of the obligations to carry on the Work in accordance with the progress
schedule and without delay during disputes and disagreements with OWNER.
ARTICLE 14-NOTICES&COMPUTATION OF TIME
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14.1 Giving Notice:
All notices required by any of the Contract Documents shall be in writing and shall be
deemed delivered upon mailing by certified mail, return receipt requested to the
following:
CONTRACTOR
The business address of CONTRACTOR is: as stated in contract
OWNER City of Coral Springs
The business address of OWNER is: Coral Springs City Hall
9500 W.Sample Rd.
Coral Springs,Florida 33065
14.2 Comi,ntation of Time:
When any period of time is referred to in the Contract Documents by days it will be
calendar days and it will be computed to exclude the first and include the last day of such
period. If the last day of the final amended contract time falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction,such day will be
omitted from the computation. A calendar day of twenty-four(24)hours measured from
midnight to the next midnight shall constitute a day.
ARTICLE 15—MISCELLANEOUS
15.1 Should OWNER or CONTRACTOR suffer injury or damage to person or property
because of any error, omission or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party is legally liable,claim will
be made in writing to the other party within a reasonable time of the first observance of
such injury or damage. The provisions of this Paragraph 15.1 shall not be construed as a
substitute for or a waiver of the provisions of any applicable statute of limitations or
repose.
15.2 The duties and obligations imposed by these Construction Services General Conditions
and the rights and remedies available hereunder to the parties hereto, and, in particular
but without limitation, the warranties, guaranties and obligations imposed upon
CONTRACTOR and all of the rights and remedies available to OWNER and
ARCHITECT thereunder, are in addition to, and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all of them which are otherwise
imposed or available to any or all of them which are otherwise imposed or available by
laws or regulations, by special warranty or guarantee or by other provisions of the
Contract Documents, and the provisions of this Paragraph will be as effective as if
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repeated specifically in the Contract Documents,and the provisions of this Paragraph will
survive final payment and termination or completion of the Agreement.
153 CONTRACTOR shall not assign or transfer the Contract or its rights, title or interests
therein without OWNER'S prior written approval. The obligations undertaken by
CONTRACTOR pursuant to the Contract shall not be delegated or assigned to any other
person or firm unless OWNER shall first consent in writing to the assignment. Violation
of the terms of this Paragraph shall constitute a breach of Contract by CONTRACTOR
and the OWNER may, at its discretion, cancel the Contract and all rights, title and
interest of CONTRACTOR shall thereupon cease and terminate.
15A Should any part,term or provision of the Contract Documents be by the courts decided to
be invalid, illegal or in conflict with any law of this State,the validity of the remaining
portions or provisions shall not be affected thereby.
15.5 The validity,construction and effect of the Contract Documents shall be governed by the
laws of the State of Florida. Any claim, objection or dispute arising out of the terms of
the Contract Documents shall be litigated in the Seventeenth Judicial Circuit in and for
Broward County, Florida and the prevailing party to any resultant judgment shall be
entitled to an award of all reasonable attorney's fees,interest and court costs incurred by
such prevailing party against the losing party including reasonable appellate attorney's
fees,interest and taxable costs.
ARTICLE 16-BONDS AND INSURANCE
16.1 Construction,Payment and Performance Bonds:
Within fifteen (15) calendar days after issuance of Notice of Award, but in any event
prior to commencing Work, CONTRACTOR shall execute and furnish to OWNER a
performance bond and a payment bond,each written by a corporate surety authorized to
do business in the State of Florida and having been in business with a record of
successful continuous operation for at least five(5)years. The surety shall hold a current
certificate of authority from the Secretary of Treasury of the United States as an
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular No. 570. If the amount of the Bond exceeds the underwriting
limitation set forth in the circular, in order to qualify, the net retention of the surety
company shall not exceed the underwriting Iimitation in the circular and the excess risks
must be protected by coinsurance, reinsurance, or other methods, in accordance with
Treasury Circular 297, revised September 1, 1978 (31 DFR, Section 223.10, Section
223.11). Further,the surety company shall provide OWNER with evidence satisfactory
to OWNER, that such excess risk has been protected in an acceptable manner. The
surety company shall have at least the following minimum qualifications in accordance
with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best
Company,Inc.,Ambest Road,Oidwick,New Jersey 08858:
Financial Stability A
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Financial Size VIII
Two(2)separate bonds are required and both must be approved by the City Commission.
The penal sum stated in each bond shall be the amount equal to the total amount payable
under the Contract. The performance bond shall be conditioned that CONTRACTOR
perform the Contract in the time and manner prescribed in the Contract. The payment
bond shall be conditioned that CONTRACTOR promptly make payments to all persons
who supply CONTRACTOR with labor,materials and supplies used directly or indirectly
by CONTRACTOR in the prosecution of the Work provided for in the Contract and shall
provide that the surety shall pay the same in the amount not exceeding the sum provided
in such bonds, together with interest at the maximum rate allowed by law., and that they
shall indemnify and save and hold harmless OWNER to the extent of any and all
payments in connection with the carrying out of said Contract which OWNER may be
required to make under the law.
16.2 Bonds;Reduction After Final Payment:
Such bonds shall continue in effect for one (1) year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with the
final sum of said bonds reduced after final payment to an amount equal to twenty five
percent (25%) of the Contract Price, or an additional bond shall be conditioned that
CONTRACTOR shall correct any defective or faulty Work or material which appears
within one (1) year after final completion of the Contract, upon notification by the
OWNER except in Contracts which are concerned solely with demolition Work,in which
case the twenty five percent(25%)shall not be applicable.
163 Duty to Substitute Surety:
Tithe surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in the State of Florida or it ceases to
meet the requirements of other applicable laws or regulations, CONTRACTOR shall
within five(5) days thereafter substitute another bond and surety, both of which must be
acceptable to OWNER.
16A INSURANCE
16.4.1 Bidders must submit copies of their current certificate(s) of insurance
together with the Bid. Failure to do so may cause rejection of the Bid.
16.4.2 PRIOR TO AWARD OF THE CONTRACT, THE SUCCESSFUL
BIDDER SHALL SUBMIT CERTIFICATE(S) OF INSURANCE
EVIDENCING THE REQUIRED COVERAGES AND
SPECIFICALLY PROVIDING THAT THE CITY OF CORAL
SPRINGS IS AN ADDITIONAL NAMED INSURED OR
ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED
COVERAGE AND THE OPERATIONS OF THE SUCCESSFUL
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BIDDER UNDER THE CONTRACT. Insurance Companies selected
must be acceptable the OWNER. All of the policies of insurance so
required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty(30)calendar days written
notice has been given to OWNER by certified mail.
16.4.3 The Successful Bidder shall procure and maintain at its own expense and
keep in effect during the full term of the Contract a policy or policies of
insurance which must include the following coverage and minimum limits
of liability:
(a) Worker's Com: ensation Insurance for statutory obligations
imposed by Worker's Compensation or Occupational Disease
Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act,the Federal Employer's
Liability Act and the Homes Act. Employer's Liability Insurance
shall be provided with a minimum of Two Hundred Thousand and
xx/100 dollars($200,000.00)per accident. Successful Bidder shall
agree to be responsible for the employment,conduct and control of
its employees and for any injury sustained by such employees in
the course of their employment.
(b) Com;rehensive Automobile Liabilit Insurance for all owned,
non-owned and hired automobiles and other vehicles used by the
Successful Bidder in the performance of the work with the
following minimum limits of liability:
$1,000,000.00 Combined Single Limit,Bodily
Injury and Property Damage
Liability per occurrence
(c) Comiirehensive General Liabilit_ with the following minimum
limits of liability:
$2,000,000.00 Combined Single Limit,Bodily
Injury and Property Damage
Liability per occurrence
(d) CONTRACTOR shall provide Builder's Risk Insurance in an
amount not less than THE REPLACEMENT COST for the Work.
Coverage shall be "All Risk" coverage for one hundred percent
(100%)of the completed value with a deductible of not more than
five thousand and xx1100 dollars($5,000.00)per claim.
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Coverage shall specifically include the following with minimum limits not
less than those required for Bodily Injury Liability and Property Damage:
1. Premises and Operations;
2. Independent Contractors;
3. Product and Completed Operations Liability;
4. Broad Form Property Damage;
5. Broad Form Contractual Coverage applicable to the Contract and
specifically confirming the indemnification and hold harmless
agreement in the Contract;and
6. Personal Injury coverage with employment contractual exclusions
removed and deleted.
16.4.4 CONTRACTOR shall maintain the Products/Completed Operations
Liability Insurance for a period of at least two (2) years after final
payment for the Work and furnish OWNER with evidence of continuation
of such insurance at final payment
16.4.5 The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the
following minimum qualifications in accordance with the latest edition of
A.M.Best's Insurance Guide:
Financial Stability B+to A+
16.4.6 The Successful Bidder shall require each of its sub-contractors of any tier
to maintain the insurance required herein (except as respects limits of
coverage for employers and public liability insurance which may not be
less than Two Million Dollars ($2,000,000) for each category), and the
Successful Bidder shall provide verification thereof to OWNER upon
request of OWNER.
16.4.7 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against OWNER with the express intention of the
parties being that the required insurance coverage protect both parties as
the primary coverage for any and all losses covered by the above
described insurance.
16.4.8 The Successful.Bidder shall ensure that any company issuing insurance to
cover the requirements contained in this Contract agrees that they shall
have no recourse against OWNER for payment or assessments in any form
on any policy of insurance.
16.4.9 The clauses"other Insurance Provisions"and"Insurers Duties in the Event
of an Occurrence, Claim or Suit" as it appears in any policy of insurance
in which OWNER is named as an additional named insured shall not apply
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to OWNER. OWNER shall provide written notice of occurrence within
fifteen(15)working days of OWNER'S actual notice of such an event.
16.4.10 The Successful Bidder shall not commence work under the Contract until
after he has obtained all of the minimum insurance herein described.
6.4.11 The Successful Bidder agrees to perform the work under the Contract as
an independent contractor, and not as a sub-contractor,agent or employee
of OWNER.
16.4.12 Violation of the terms of this paragraph and its sub-parts shall constitute a
breach of the Contract and OWNER,at its sole discretion,may cancel the
Contract and all rights, title and interest of the Successful Bidder shall
thereupon cease and terminate.
16.5 OWNER'S Liability and Insurance:
OWNER shall not be responsible for purchasing and maintaining any insurance to protect
the interests of CONTRACTOR, subcontractors or others on the Work. OWNER
specifically reserves all statutory and common law rights and immunities and nothing
herein is intended to limit or waive same including,but not limited to,the procedural and
substantive provisions of Florida Statute 768.28 and Florida Statute 95.11.
ARTICLE 17—RECORDS AND AUDIT
17.1 OWNER reserves the right to audit the records of CONTRACTOR relating to this
Agreement any time during the performance and term of the Agreement and for a period
of three(3)years after completion and acceptance by OWNER. If required by OWNER,
CONTRACTOR shall agree to submit to an audit by an independent certified public
accountant selected by OWNER. CONTRACTOR shall allow CJIY to inspect,examine
and review the records of CONTRACTOR at any and all times during normal business
hours during the term of this Agreement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT TILE CITY OF CORAL SPRINGS,
DEBRA THOMAS, CMC, CITY CLERK, 9551 WEST SAMPLE
ROAD, CORAL SPRINGS, FLORIDA 33065,
DTHOMASQ CORALSPRINGS.ORG,TELEPHONE NUMBER
(954) 344-1067.
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17.2 CONTRACTOR understands, acknowledges and agrees that the CONTRACTOR shall,
pursuant to Section 119.0701, Florida Statutes, as amended from time to time, do the
following:
17.2.1 Keep and maintain public records required by the OWNER to perform the
service.
17.2.2 Upon request from the OWNER'S custodian of public records, provide the
OWNER With a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119,Florida Statutes,or as otherwise provided by law or OWNER policy.
17.2.3 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the
CONTRACTOR does not transfer the records to the OWNER.
17.2.4 Upon completion of the contract, transfer, at no cost, to the OWNER all public
records in possession of CONTRACTOR or keep and maintain public records required
by the OWNER to perform the service.If the CONTRACTOR transfers all public records
to the OWNER upon completion of the contract,the CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.If the CONTRACTOR keeps and maintains public records upon
completion of the contract, the CONTRACTOR shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the
OWNER,upon request from the OWNER'S custodian of public records, in a format that
is compatible with the information technology systems of the OWNER.
173 REQUEST FOR NONCOMPLIANCE
17.3.1 A request to inspect or copy public records relating to a OWNER's contract for
services must be made directly to the OWNER. If the OWNER does not possess the
requested records, the OWNER shall immediately notify the CONTRACTOR of the
request, and the CONTRACTOR must provide the records to the OWNER or allow the
records to be inspected or copied within a reasonable amount of time.
17.3.2 If a CONTRACTOR does not comply with the OWNER's request for records,the
CITY shall enforce the contract provisions in accordance with the contract.
17.33 A CONTRACTOR who fails to provide the public records to the City within a
reasonable time may be subject to penalties under Section 119.10.
17.4 CIVIL ACTION
17.4.1 If a civil action is filed against a CONTRACTOR to compel production of public
records relating to a OWNER'S contract for services, the court shall assess an award
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against the CONTRACTOR the reasonable costs of enforcement, including reasonable
attorney fees,if:
(1) The court determines that the CONTRACTOR unlawfully refused to
comply with the public records request within a reasonable time;and
(2) At least eight (8) business days before filing the action, the plaintiff
provided written notice of the public records request, including a
statement that the CONTRACTOR has not complied with the request, to
the OWNER and to the CONTRACTOR.
(b) A notice complies with subparagraph(a)2.if it is sent to the OWNER'S custodian
of public records and to the CONTRACTOR at the CONTRACTOR's address listed on
its contract with the OWNER or to the CONTRACTOR's registered agent. Such notices
must be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and with
evidence of delivery,which may be in an electronic format.
(c) A CONTRACTOR who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable costs of enforcement.
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SECTION 01010
SUMMARY 01' WORK
PART 1 SCOPE OP WORK
1.01 GZHE3tAL
A. The scope of work for this Annual Contract for Utility Construction
Services includes, but is not limited to: general repairs made to the
CITY's Water Distribution, Wastewater Collection and Force Main Systems
on an 'as needed basis.' The scope consists of planned or emergency
repairs to various sizes of gravity sewer main; ductile iron pipe for
force mains and water distribution lines; and concrete structures for
water, wastewater and force main systems in accordance with the City
,pecific.ationa and .standard Details. Oct up and monitoring of bypacc
pumping; dewatering systems; sheeting; shoring; plating; testing;
maintenance of traffic (M.O.T.); permitting (when required) ;
restoration related to landscaping, asphalt and concrete work, pavement
markings and signage, traffic signal loops, and closure may also be
required as needed. The work shall be performed at various locations
throughout the City and extended service areas.
B. The CONTRACTOR shall be responsible for coordinating all construction
activities with access to and the everyday activities associated with
existing facility access.
C. The CONTRACTOR will be responsible for the project(s) from Notice to
Proceed through Contract Closeout.
D. Project components' description, general and specific design criteria,
and overall project administrative items shall be as specified herein.
E. The Water and Wastewater Systems Standard Specifications and Details
contained herein this bid have been provided to establish the level of
quality required for this project. It shall be the responsibility of
the CONTRACTOR to coordinate and select materials, equipment, and
miscellaneous items that meet the design criteria and the specified
requirements.
1.02 ORNERAL DESCRIPTION OF T I WORK
A. The scope of work for this Annual Contract for Utility Construction
Services includes, but is not limited to: general repairs made to the
CITY's Water Distribution, Wastewater Collection and Force Main Systems
on an `as needed basis.' The scope consists of planned or emergency
repairs to various sizes of gravity sewer main; force mains and water
distribution lines; and concrete structures for water, wastewater and
force main systems in accordance with the City Specifications and
Standard Details. Set up and monitoring of bypass pumping; dewatering
systems; sheeting; shoring; plating; testing; maintenance of traffic
(M.O.T.); permitting (when required) ; restoration related to
landscaping, asphalt and concrete work, pavement markings and signage,
and closure may also be required as needed. The work shall be performed
at various locations throughout the City and extended service areas.
EXHIBIT B
2/15/19 01010
275-061.GE 1 SUMMARY OF WORK
1.03 DESCRIPTION OF PROPOSED PROJECT COMPONENTS
A. There are no specific description of proposed project components due
to the wide range of planned or emergency possibilities for three
different systems; i.e. water, wastewater, and force mains.
1.04 ALTAR ATK ITEMS
A. Not Used.
1.05 CONTRACT TIME
A. Initial Annual Contract shall be for a period of two (2) years.
B. Contract is mutually renewable for two (2) additional two (2) year
annual extension's; tor a total additional four (4) years.
C. Maximum length of contract is six (6) years.
D. Bid Schedule line items may be adjusted per the Consumer Price Index
(CPI) for this type of work on an annual basis after the first two (2)
years.
1.06 CONTRACT MILESTONES (ESTIMATED)
A. The following milestones shall be allowed for the CONTRACTOR to
complete this work for planned repairs:
Activity Milestone Activity
Number Descri:tion
1. Notice to Proceed
2. Shop Drawing Submittal and Permitting
3. OWNER/ENGINEER review and approval
4. Material Procurement
5. Construction
6. Testing
7. Project Closeout
B. Emergency repairs are to be evaluated on case by case basis using the
Bid Schedule with an immediate Notice to
Proceed.
1.07 PERMITS
A. The OWNER has applied for the following permits for the design and
construction of these facilities:
1. None.
B. Pursuant to the Public Bid Disclosure Act, the permits and fees which
the CONTRACTOR must apply for, obtain and pay during this project are
as follows:
1. Permit fee(s) reimbursement must provide permit receipt.
01010 2/15/19
SUMMARY OF WORK 2 275-061.GE
1.08 SPECIAL PROJECT CONSIDERATIOlNS
A. CONTRACTOR shall maintain existing services capabilities at all times
via proposed or existing systems.
B. Temporary shutdowns of existing mains may be required for
replacement/repair of existing system. CONTRACTOR shall coordinate
these requirements with the CITY a minimum of 48 hours in advance.
C. CONTRACTOR shall provide bypass pumping, dewatering, sheeting,
shoring, or any other temporary construction method required to
properly complete the work.
1.09 DES
A. The CONTRACTOR snail include in tne proposal, tne Lump sum allowances
itemized below to establish a fund which shall be used only by the
CONTRACTOR with the specific approval of the ENGINEER to pay the cost
of items not called for in these Specifications which cannot be
anticipated at the time of Proposal. Payment for items of allowance
shall be made with approval of CITY and ENGINEER, only. Any unused
balance of allowance shall revert to the CITY upon completion of the
Work.
1. An allowance equal to 5% of the approved planned work estimate
shall be added to the PO.
1.10 WARRANTY
A. The CONTRACTOR shall warrant the system(s) and component(s) being
supplied and installed to the CITY against defects in workmanship and
materials for a period of one (1) year under normal use, operation and
service. Warranty period shall begin with Date of Project Closeout
and acceptance. Individual warranty periods shall be established for
each project site.
Warranty shall be full unlimited (all peril) 100% labor and materials
for entire one (1) year period. No limited or pro-rated warranty
conditions are acceptable.
PARS 2 DESIGN CRITKRIA
2.01 GENERAL DESIGN CRITERIA
A. City of Coral Springs Water and Wastewater Systems Standard
Specifications and Details, dated February 5, 2019, apply to work
contemplated under this contract.
B. City of Coral Springs Water and Wastewater Systems Standard
Specifications and Details, dated February 5, 2019, can be downloaded
from the following ORL/Link:
htt_s://www.corals: rins.or.;/home/showdocument?id=1872
2/15/19 01010
275-061.GE 3 SUMMARY OF WORK
PART 3UTION
3.01 GENERAL CATEGORIES 03' WORK AND/OR PROJECTS
A. There are two (2) categories of work anticipated under this contract
as follows:
1. Emergency: work requiring immediate attention of annual utility
CONTRACTOR.
2. Planned: project work planned and permitted by CITY and ENGINEER.
3.02 EMERGENCY WORK
A. Emergency work consisting of any urgent repair to CITY's Utility System
resulting from system failure or failure caused by other mechanism.
B. Upon notice, annual utility CONTRACTOR must respond with appropriate
labor and equipment within 4 hours.
C. Cost of work shall be calculated by Bid Schedule and Section 01025 -
Me
asurement and Payment.
D. Units of work completed shall be tracked by OWNER and CONTRACTOR.
3.03 PLANNED MORN
A. OWNER/ENGINEER shall prepare drawings of proposed utility improvement.
B. OWNER/ENGINEER shall apply for and obtain all regulatory agency
permits.
C. Permitted drawings shall include: estimated quantities per Bid
Schedule; specific permit requirements; general maintenance of traffic
(MOT)requirements; time frame for completing work; specific project
requirements, concerns, or constraints and, where applicable, a
sequence of events.
D. Upon receipt of permitted drawing set CONTRACTOR shall:
1. Prepare estimated cost based on schedule of values.
2. Submit estimate to CITY/ENGINEER for review.
3. Upon approval of estimate, CITY will issue a Purchase Order (PO)
and Notice to Proceed.
4. CONTRACTOR shall finalize all permit requirements indicated and
complete shop drawings and material procurement.
5. CONTRACTOR to complete work.
6. CONTRACTOR shall submit Project Closeout documents.
3.04 NIGHTTIME WORT
A. Nighttime work is defined as planned work required to be completed
during the daily time period of 7:00 PM to 7:00 AM.
01010 2/15/19
SUMMARY OF WORK 4 275-061.GE
B. CONTRACTOR shall be responsible for providing all lighting and other
incidentals required to work within the above time frame, when required.
END OF SECTION
2/15/19 01010
275-061.GE 5 SUMMARY OF WORK
SECTION 01025
ISUUREUMSOIT AND PAYMENT
PART 1 GENERAL
1.01 SCOPE
A. Payment for the various items in the Bid Schedule, as further specified
herein, shall include all compensation to be received by CONTRACTOR for
furnishing all tools, equipment, supplies, and manufactured
articles, and for all labor, operations, and incidentals appurtenant to
the items of Work being described, as necessary to complete the various
items of the Work all in accordance with requirements of the Bid/Contract
Documents, including all appurtenances thereto, and including all costs
of compliance with regulations of public agencies having jurisdiction,
including Health and Safety Requirements of the Occupational Safety and
Health Administration of the U.S. Department of Labor (OSHA), and all
CONTRACTOR overhead and profit. No separate payment shall be made for
any item that is not specifically set forth in the Contract, and all costs
therefore, shall be included in prices named in the Contract for various
appurtenant items of the Work.
B. The CONTRACTOR understands and accepts that full payment for the Work
under this Utility Contract is based on his/her unit prices listed in
the Bid Schedule and that these unit prices are independent of the exact
quantities involved for each Utility Contract Project Purchase Order.
Furthermore, the CONTRACTOR agrees that his/her Bid Schedule unit prices
represent a true measure of the equipment, labor and materials required
to perform the Work for any of the Utility Contract Project Purchase
Orders in accordance with the City of Coral Springs 2019 Water and
Wastewater Systems Standard Specifications and Details and including,
but not limited to, allowances for overhead and profit.
1.02 PROJECT MOBILISATION/DEMOBILIZATION (Hid Item 1)
A. Mobilization shall include but not be limited to the following principle
items:
1. Moving on to site of all CONTRACTOR's equipment required for the
Utility Contract assigned task operation.
2. Providing on-site sanitary facilities as required.
3. Arranging for, and setup of, CONTRACTOR's work and storage yard as
needed by CONTRACTOR.
4. Submittal of all required CONTRACTOR insurance certificates and
bonds.
5. Obtaining all required permits.
6. Posting all OSHA required notices and establishment of safety
programs at the jobsite.
7. Have CONTRACTOR's superintendent at job site full time.
Demobilization shall include but not be limited to the following
principle items:
1. Removal of all temporary construction facilities.
2. Removal of all equipment and excess materials.
3. Cleanup and restoration of the CONTRACTOR'S work and storage yard
to conditions existing prior to construction.
2/15/19 01025
275-061.GE 1 MEASUREMENT AND PAYMENT
B. Cost for mobilization/demobilization shall be included in the various
line items of work listed in the Bid Schedule, This apportioned amount
shall be as determined by the bidders based on experience for completing
the units of work listed
1.03 AS-BUILT RECORD DRAWINGS (Bid Item 2)
A. As-buiit record drawings shall be completed by bidder, reviewed, and
accepted by ENGINEER all in accordance with the requirements of the
applicable regulatory agencies.
B. CONTRACTOR shall apportion the cost of preparation of post construction
ilt recor tteme14
1.04 SUE FOR POSSIBLE CONFLICT RESOLUTION MA It 3)
A. Measurement for payment for providing. STE services shall be based upon
the number of vacuum. test holes completed, documented and restored.
B. Payment for providing SUE utility locations/verification services shall
be made at the unit cost named in the Bid Form. Said unit cost shall
constitute as full compensation for all SUE requirements including but
not limited to mobilization, completion. of the vacuum test hole
restoration of the vacuum test hole to conditions existing prior t
completing the hole, preparing and submitting a report 77
and ENGINEER, and all other appurtenant work to acm-i,
C. If SUE work is determined to be needed, a mini ,
will be requested per planned project.
D. Coordination of existing utility locations/verificationa/mi.
through Sunshine 811 shall not be includedwi.tir. tl,is line Item sh?1
Is provided at no cost to the CITY.
1.05 MIS GENERAL CONSTRUCTION PERMIT COMPLIANCE and Itam 4)
A. CONTRACTOR shall meet all NPDE6 permit
requirements to compTto tls.e listed 1•x!,d, !temr
3. NPBES work requireme
of erosion and siltation of waterways and storm sewer systems by provisio]•
of artificial coverings; mowing; sandbagging; slope drains; sedimen
basins; sediment basin clesnout; baled hay or straw; floating turbid -•
barriers; staked turbidity barriers; staked silt fences; and sll
appurtenant work requirements.
C. This item inclddes all work required by the UPDES Perri
ureparation of Notice of Intent documents, preparatic.
Prevention Plan and. the Notice of Terminetio-,
Cost of this work shall. be apportioned to the verious bid. items 1j...etc,
in the Bid Schedule
1.06 IMINTENANCE OF TRAFFIC (Bid Item 5)
2/15/19
2 275-061 GE
C. Payment for providing and furnishing maintenance of traffic shall be made
at the Bid Schedule Unit Price named, which shall constitute as full
compensation for all such maintenance of traffic complete, including all
maintenance of traffic plan preparation and approval; placement and
removal of barricades, warning signs, arrow boards and other control
devices; flagmen; all necessary public notifications; and all other
appurtenant work.
D. This Bid Item No. is inclusive of maintenance of vehicular and pedestrian
traffic, as applicable.
E. MOT for non-linear point repairs shall be defined as localized work areas
not inclusive of pipeline installation. Examples of this type of work
would be a valve replacement, water service replacement, manhole
replacement, air release valve replacement, or other such specific
location type of work.
1.07 FURNISH AND INSTALL SOD (Bid Item 6)
A. Measurement for payment for furnishing and installing sod shall be based
upon the linear feet of surface required to cover any disturbed area, as
measured along centerline of pipe.
B. Payment for sod shall be made at the Bid Schedule unit price named, which
shall constitute as full compensation for all labor, material and
equipment required to furnish and install sod and maintain said sod
installations until final completion of project. Payment for sod shall
be per linear foot of area disturbed as measured along centerline of pipe.
C. Sod-selection shall be Bahia or St. Augustine matching existing area.
1.08 ROAIND Y RECONSTRUCTION FOR THOROUGHFARE ROADS (Bid Item 7)
A. Measurement for payment for roadway reconstruction of thoroughfare roads
shall be per square yard of roadway reconstructed.
B. Payment for roadway reconstruction (thoroughfare) shall be made at the
unit price per square yard named in the Bid Schedule, which shall
constitute full compensation for roadway reconstruction. Work shall be
inclusive of subbase preparation; placement and compaction of limerock
base materials; saw cutting edges of abutting pavement; final grading;
compaction of subbase and base materials; application of prime coat;
application of tack coat; placement of asphalt structure course;
placement of final asphaltic friction course; and all other appurtenant
work.
C. This bid item shall apply to those roadways as maintained by Broward County
and/or the Florida Department of Transportation.
1.09 ROADimy RECONSTRUCTION FOR NON-THOROUGHFARE ROADS (Bid Item 8)
A. Measurement for payment for roadway reconstruction of non-thoroughfare
roads shall be per square yard of roadway reconstructed.
B. Payment for roadway reconstruction (non-thoroughfare) shall be made at
the unit price per square yard named in the Bid Schedule, which shall
constitute full compensation for roadway reconstruction. Work shall be
2/15/19 01025
275-061.GE 3 MEASUREMENT AND PAYMENT
inclusive of subbase preparation; placement and compaction of limerock
base materials; saw cutting edges of abutting pavement; final grading;
compaction of subbase and base materials; application of prime coat;
application of tack coat; placement of asphalt structure course;
placement of final asphaltic friction course; and all other appurtenant
work.
C. This unit line item shall apply to roadways as owned and maintained by
the City of Coral Springs.
1.10 ASPHALT PAVEMENT REMOVAL, DISPOSAL AND RESTORATION (Bid Item 9)
A. Measurement for asphalt pavement removal, disposal and patch shall be
based upon square yards of scheduled work completed in conjunction with
utility repair and/or installation.
B. Payment for asphalt pavement removal and patching shall be made at the
unit price per square yard named in the Bid Schedule. This payment shall
constitute full compensation for saw cutting and removal of existing
pavement, preparation of preparation and compaction of subbase; placement
and compaction of limerock base material; placement and compaction of
asphalt surface and friction courses; application of prime coat and tack
coat; and all other appurtenant work.
C. These units of work shall apply to pavement impacted by installation of
new linear utilities or impacted by non-linear point repairs.
1.11 PDOT 1LOwARLE FILL (Bid Item 10)
A. Measurements for payment for furnishing and placing of flowable fill as
an alternative to compacted soil as approved by the ENGINEER shall be
measured for cubic yards provided. Applications for conventional
flowable fill may include beddings; encasements; and general backfill
for trenches.
B. Payment will be made at the Contract unit price per cubic yard. Such price
and payment will include all cost of the mixture, in place and accepted.
No measurement and payment will be made for material placed outside the
trench length or for unused or wasted material.
1.12 ASPHALT SIDENALIC AND DRIVZWAY RECONSTRUCTION (Bid Item 11)
A. Measurement for payment for asphalt sidewalk and drive way reconstruction
shall be made at the unit indicated by the Bid Schedule.
B. Payment for asphalt sidewalk and driveway reconstruction shall be made
at the unit cost per square yard named in Bid Schedule. Payment shall
constitute as full compensation for saw cutting existing pavement edges,
subbase compaction, placement/compaction of limerock base material,
placement of asphalt surface course, and all other appurtenant work.
C. Materials and installation shall be in accordance with the City of Coral
Springs Engineering Standards, 2014.
1.13 CONCRETE DRIVEWAY RESTORATION (Bid Item 12)
A. Measurement for concrete driveway restoration shall be based upon the
square footage of concrete driveway impacted and reconstructed.
01025 2/15/19
MEASUREMENT AND PAYMENT 4 275-061.GE
B. Payment for concrete driveway reconstruction shall be made at the cost
per square foot named in the Bid Schedule. Payment shall constitute as
full compensation for saw cutting and removal of existing concrete
driveway, preparation of subbase including compaction, formwork,
placement of concrete, finishing concrete, curing the concrete surface,
and all other appurtenant work.
C. Materials and installation shall be in accordance with the City of Coral
Springs Engineering Standards, 2014.
1.14 COMMITS CURB RZSTORATION (Bid Item 13)
A. Measurement for payment for concrete curb replacement shall be based upon
actual linear feet of curb impacted by the work.
B. Payment for furnishing and installation of concrete curb shall be made
at the Bid Schedule unit price named which shall constitute as full
compensation for all labor, equipment, and material required to furnish
and install concrete curb, saw cut existing edges, place base materials,
compact base materials, compact the subgrade, formwork, concrete, finish
work, provision of joints, and all other appurtenant work.
C. Type of curb replacement shall match existing curb cross section.
D. Materials and installation shall be in accordance with the City of Coral
Springs Engineering Standards, 2014.
1.15 T100ORBRY AND PA N 1NBNT PAVRIORIT HARKINGS (Si.d Items 14, 15, 16, 17)
A. Measure for payment for pavement markings shall be based upon the unit
indicated in the Bid Schedule.
B. Payment for completion of pavement markings shall be made at the unit
cost per linear foot or square foot named in the Bid Schedule. Payment
shall constitute as full compensation for all labor, equipment,
mobilization and demobilization, pavement marking layout, right-of-way
agency coordination, application of temporary pavement markings,
application of final permanent pavement markings, and all other
appurtenant work.
C. The linear footage of lane striping shall be inclusive of lane dividing
line, edges of pavement markings, and all other linear traffic lane
markings regardless of color. Measurement for pavement arrows, stop
bars, text markings and the like shall ba based upon the estimated square
footage of material applied.
1.16 PAVER DRIVE RESTORATION (Bid Item 18)
A. Measurement for payment for paver driveway restoration shall be based
upon the square footage of paver drive impacted.
B. Payment for paver drive restoration shall be based upon the unit cost
of square foot named in the Bid Schedule. The unit price schedule shall
constitute as full compensation for removal of existing pavers, temporary
storage of existing pavers, subbase compaction of impacted area,
replacement of new base sand and grading of base sand for impacted area,
2/15/19 01025
275-061.GE 5 MEASUREMENT AND PAYMENT
reinstallation of stored existing pavers, finish sanding of reinstalled
pavers, and all other appurtenant work.
C. Materials and installation shall be in accordance with the City of Coral
Springs Engineering Standards, 2014.
1.17 MILLING AND ASPHALT OVERLAY (Bid Item 19)
A. Measurement for payment for existing pavement milling and asphaltic
concrete overlay shall be based upon the total square yards of milling
and overlay in place and accepted.
B. Payment for furnishing and installing milling and asphaltic overlay shall
be made at the unit price per square yard named. Payment shall constitute
as full compensation for all such existing pavement milling and asphaltic
overlay complete in place and including leveling of unacceptable areas,
repairing of the patch or pavement edges, sweeping, applying the tack
coat, and all other appurtenant work.
C. Payment shall also include compensation for the lawful disposal of all
milled materials.
D. Materials and installation shall be in accordance with the City of Coral
Springs Engineering Standards, 2014.
1.18 CONCRETE SIDEWALK RECONSTRUCTION (Hid Item 20)
A. Measurement for payment for concrete sidewalk restoration shall be based
upon the square footage of sidewalk by thickness completed.
B. Payment for concrete sidewalk restoration shall be made at the unit prices
named in the Bid Schedule by thickness of sidewalk. Payment shall
constitute as full compensation for saw cutting existing concrete
sidewalk, removal of existing concrete sidewalk, compaction of subbase,
formwork, placement of concrete, concrete finishing, saw cutting and
construction of sidewalk joints, curing of completed concrete, and all
other appurtenant work.
C. Materials and installation shall be in accordance with the City of Coral
Springs Engineering Standards, 2014.
1.19 FURNISH AND INSTALL CEMENT-LINED DIP WATER MAIM (Bid Item 21)
A. Measurement for payment for installing water main with push-on joints
shall be based upon the number of linear feet of such water main actually
installed as determined by measurement along the centerline of the pipe
in place including fittings and valves.
B. Payment for installing the water main with push-on joints shall be made
at the bid schedule unit price per linear foot of pipe named, which shall
constitute as full compensation for furnishing, placing all such pipe,
complete in place, and including all survey work for layout; earthwork,
trench excavation, and backfill and dewatering as required; disposal of
waste and excess material; hydrostatic pressure testing, disinfection;
cleanup; repair of damage to existing utilities; preconstruction
videotaping, and all other appurtenant work.
C. This Bid Item No. must be selected, furnished, and installed in accordance
01025 2/15/19
MEASUREMENT AND PAYMENT 6 275-061.GE
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
1.20 FURNISH AND INSTALL GATE VALVES AND BOXES, C LEtE (Bid It.s 22)
A. Measurement for payment for furnishing and installing resilient seat gate
valves and boxes shall be based upon the actual quantity of such valves
and boxes furnished and installed for buried service.
B. Payment for furnishing and installing resilient seat gate valves and
boxes shall be made at the Bid Schedule Unit Price named for each valve
and box furnished, installed and accepted. Payment shall constitute as
full compensation for all labor, equipment and material required to
furnish and install plug valves and boxes.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems
Specifications and Details.
1.21 DISH AND INSTALL SLY VALVES AND BOXES, CCt4PLETE (Bid Item 23)
A. Measurement for payment for furnishing and installing butterfly gate
valves and boxes shall be based upon the actual quantity of such valves
and boxes furnished and installed for buried service.
A. Payment for furnishing and installing butterfly gate valves and boxes
shall be made at the Bid Schedule Unit Price named for each valve and
box furnished, installed and accepted. Payment shall constitute as full
compensation for all labor, equipment and material required to furnish
and install butterfly valves and boxes.
B. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems
Specifications and Details.
1.22 FURNISH AND INSTALL TAPPING SLEEVE AND TAPPING VALVE, AND VALVE BOX,
COMPLETE (Bid nom 24)
A. Measurement for payment for furnishing and installing tapping sleeves
and valves shall be based upon actual quantity of tapping sleeves and
valves installed complete.
B. Payment for furnishing and installing tapping sleeves and valves shall
be made at the Bid Schedule Unit Price named for each assembly furnished,
installed, tested, tapped and accepted. Payment shall constitute as
full compensation for all labor, equipment and material required to
furnish and install the tapping assemblies complete with concrete
reaction blocking, including existing pipe cleanout with wire brush and
pipe swabbing using calcium hypochlorite or sodium hypochiorite
solution.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems
Specifications and Details.
1.23 FURNISH AND INSTALL FIRE HYDRANT ASSEMBLIES (Bid Item, 25)
A. Measurement for payment for installing fire hydrants assemblies with
2/15/19 01025
275-051.GE 7 MEASUREMENT AND PAYMENT
auxiliary valve and box shall be based upon the actual quantity of such
fire hydrants with MJ tee, connecting piping, thrust restraint, auxiliary
valve and box installed.
B. Payment for installing fire hydrants with tee, connecting piping, thrust
restraint, auxiliary gate valve and box shall be made at the Bid Schedule
Unit Price named for fire hydrant assemblies installed and accepted.
Payment shall constitute as full compensation for all labor, equipment,
and material required to install fire hydrant assemblies with auxiliary
valve and box.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems
Specifications and Details.
1.24 DISCONNECTION, REMOVAL AND ABARDOWNENT Ob I XSWIM@ MA TER t SYS`rlCbn
COMPONENTS, COMPLETE (Bid Item No. 26)
A. Measurement for payment for completing disconnection, removal and
abandonment of existing water system components (valves and fire
hydrants) shall be based on actual quantity of scheduled abandonments
completed.
B. Payment for completing disconnection, removal and abandonment of
existing water system components will be made at the Contract price per
abandonment type named. Unit price will constitute as full compensation
to complete each abandonment type including all labor, equipment,
material, and all other appurtenant work.
C. Payment for this item shall include all specified temporary and final
surface restoration requirements. CONTRACTOR shall review and verify
restoration requirements.
1.25 FURNISH AND INSTALL WATER If1N LINE STOPS, COMPLETE (bid Item 27)
A. Measurement for payment for furnishing and installing water main line
stops shall be based upon the actual quantity of line stops furnished
and installed for buried service.
B. Payment for furnishing and installing water main line stops shall be made
at the Bid Schedule Unit Price named for each size line stop furnished,
installed and accepted. Payment shall constitute as full compensation
for labor, equipment and material required to furnish, install, remove
line stops, complete, and all other appurtenant work.
1.26 FURNISH AND INSTALL WA1'SR N11IN INSERTION VALVES AND BOXES, COMPPLETE (Bid
Item 28)
A. Measurement for payment for furnishing and installing water main
insertion valves and boxes shall be based upon the actual quantity of
such valves and boxes furnished and installed for buried service.
B. Payment for furnishing and installing water main insertion valves and
boxes shall be made at the Bid Schedule Unit Price named for each valve
and box furnished, installed and accepted. Payment shall constitute as
full compensation for all labor, equipment and materials required to
furnish and install insertion valves and boxes, and all other appurtenant
work.
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MEASUREMENT AND PAYMENT 8 275-051.6E
1.27 FURNISH AND =STALL WATER SERVICE RI-CONNECTIONS (Bid Item 29)
A. Measurement for payment for furnishing and installing water service
re-connections including service saddle, main line connection
(corporation stop), reconnection to existing service line, polyethylene
service line, PVC casing, flushing and disinfection of re-connected
service shall be based on the actual type and quantity of water services
installed.
A. Payment for furnishing and installing water service re-connections shall
be made at the Bid Schedule Unit Price named for each type of water service
installed and accepted. Payment shall constitute as full compensation
for all labor, equipment and materials required to complete water service
re-connections.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
D. Installation of PVC casings for road crossings shall be completed by
directional drilling only. Use of a compressed air operated missile
system shall not be allowed.
1.28 FURNISH AND INSTALL NEW WATER SERVICES (Bid item 30)
A. Measurement for payment for furnishing and installing new water services
including service saddle, main line connection, brass goods,
polyethylene service line, PVC casing, flushing and disinfection of new
service shall be based on the actual type and quantity of water services
installed.
B. Payment for furnishing and installing new water services shall be made
at the Bid Schedule Unit Price named for each type of water service
installed and accepted. Payment shall constitute as full compensation
for all labor, equipment and materials required to complete new water
services.
D. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
D. Installation of PVC casings for road crossings shall be completed by
directional drilling only. Use of a compressed air operated missile
system shall not be allowed.
1.29 FURNISH AND INSTALL SAMPLE POINTS (Sid Item 31)
A. Measurement for payment for installation, bacteriological sampling and
removal of sample points shall be based upon the completion of entire work
per location completed.
B. Payment for the installation, bacteriological sampling and removal of
each sample point complete, shall be made at the Bid Schedule Unit Price
named. Payment shall constitute as full compensation for all labor,
equipment, and material required to install and remove each sample point,
inclusive of actual sampling and laboratory analysis.
2/15/19 01025
275-061.GE 9 MEASUREMENT AND PAYMENT
C. This Bid. Item No. must be selected, furnished, and installed in accordaren
with the City of Coral Springs 2019 Water and. Wastewater Systems Standar
Specifications and Details.
1.30 BURNISH AND INSTALL CZNINT-LINED DUCTILE IRON SITTINGS AND THRUST
MISTRUST TOR WATER MAINS MA Item 32)
Measurement for furnishing and installing ductile iron compact fittings
3ha1l be for fittings and accessories installed and accepted based upon
nody weight of ductile iron compact fittings only, NOT including weight
joint encesscries.
B. urnishing and installing fittings shall be made at the Bid
Schedule Unit Price named for each ton of fittings installed and accepted.
Payment shall constitute as full compensation for all labor, equipment,
and material required to install fittings, including glands, bolts,
esnents, and thrust restraint.
C. en ee nin item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 rater ann. 7.1,,ntnneter Systems Standard
Specifications and Details.
1.31 COMM COMBECTION TO EXISTING SYSTE( (Bid Item 33)
A. innasureeent cenenent for co1in.4 nnnnnctions to existing main(s)
shall be based upon actual quantity of connections made.
B. Payment for completing connections shall be made at the Bid Schedule Unit
Price per named. Payment shall constitute as full compensation to
construct cut-in connections, complete in place, including all labor,
equipment, transition caskets, miscellaneous materials required for the
connection, including existing pipe cleanont with wire brush and pipe
swabbing using calcium hycochlorite or sodinmhypcchlorite solution, and
all other appurtenant work.
C. Fittings shall be provided/included under Bid Item 32.
This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water an etTlt77 7sts7T, Standard
Specifications and Details.
1.32 ABANDON AND GROOT EXISTING NAT= MAIN, COMPLETE (Bid Item 34)
L, Measuremen nne enennn nnn nennnnnnnn . nn nnn.,enn nn_nz main system
shall be based upon the number of linear feet of suer! 7717,'7
abandoned in place, including ;routine of the pin
B. Payment for abandonment of existing water main evetem shall be made
the Bid Schedule Unit Price named and shall constitute as ful
compensation for all labor, equipeant and material for abandonment on
existing water main system, complete, innlneive of isting piping
ninehing, geontineoe pipe, cAppindend.5, al All othifIr appurtenant wor'k
1.33 FURNISH AND INSTALL AMR 35 PVC SANITARY SEW= MIA Items 35, 36, 37)
01025
MEASUREMENT AND PAYMENT 10
of pipe actually installed per depth category named, as determined by
measurement along the centerline of the pipe in place.
B. Payment for furnishing and installing SDR 35 sanitary sewer collection
piping shall be made at the Bid Schedule Unit Price per linear foot of
pipe per depth and material category named. Payment shall constitute
as full compensation for all labor, equipment and materials as required
for placing all sanitary sewer collection piping, complete in place,
including all layout, excavation, bedding, dewatering, backfilling and
compaction, cleaning, lamping, preconstruction videotaping, disposal of
excess materials, cleanup, and all other appurtenant work, including
dewatering systems installation, removal and operation when required.
C. All sanitary sewer collection piping must be selected, furnished, and
installed in accordance with the City of Coral Springs 2019 Water and
Wastewater Systems Standard Specifications and Details.
1.34 FURNISH AND INSTALL SDR 26 PVC SANITARY S=NPR (Bid Items 38, 39, 40)
A. Measurement for payment for furnishing and installing SDR 26 sanitary
sewer collection piping shall be based upon the number of linear feet
of pipe actually installed per depth category named, as determined by
measurement along the centerline of the pipe in place.
B. Payment for furnishing and installing SDR 26 sanitary sewer collection
piping shall be made at the Bid Schedule Unit Price per linear foot of
pipe per depth and material category named. Payment shall constitute
as full compensation for all labor, equipment and materials as required
for placing all sanitary sewer collection piping, complete in place,
including all layout, excavation, bedding, dewatering, backfilling and
compaction, cleaning, lamping, preconstruction videotaping, disposal of
excess materials, cleanup, and all other appurtenant work, including
dewatering systems installation, removal and operation when required.
C. All sanitary sewer collection piping must be selected, furnished, and
installed in accordance with the City of Coral Springs 2019 Water and
Wastewater Systems Standard Specifications and Details.
1.35 FURNISH AND INSTALL SANITARY SERVICE LATZRALS (Hid Itams 41, 42)
A. Measurement for payment for furnishing and installing sanitary service
laterals shall be based upon the actual type and quantity of single or
double service laterals- installed.
B. Payment for furnishing and installing sanitary service laterals shall
be made at the Bid Schedule Unit Price per type of single or double lateral
installed. Payment shall constitute as full compensation for furnish-
ing and installing service laterals complete in place including all
earthwork, bedding, dewatering, fittings, connections, cleanouts,
adjustments, backfilling, cleanup and all other appurtenant work.
C. All sanitary service laterals must be furnished and installed in
accordance with the City of Coral Springs 2019 Water and Wastewater
Systems Standard Specifications and Details.
2/15/19 01025
275-061.GE 11 MEASUREMENT AND PAYMENT
1.36 IIIPI1ISB AND INSTALL BRBCAST CONCRETE SANITARY IGINROLES (Sid Item 43)
A. Measurement for payment for furnishing and installing precast concrete
sanitary manholes shall be based upon actual quantity installed per depth
category named.
B. Payment for furnishing and installing precast concrete manholes shall be
made at the Bid Schedule Unit Price per manhole per depth category named.
Payment shall constitute as full compensation for furnishing and
installing manholes, complete in place, and including all earthwork,
dewatering, grouting, protective coatings, manhole lids and frames,
connections, adjustments, backfilling, cleanup and all other appurtenant
work.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
1.37 FORNISE AND INSTALL PRECAST CONCRETE DOG HOUSE MANHOLES (Hid Item 44)
A. Measurement for payment for furnishing and installing precast concrete
sanitary dog house manholes shall be based upon actual quantity installed
per depth category named.
B. Payment for furnishing and installing precast concrete dog house manholes
shall be made at the Bid Schedule Unit Price per manhole per depth category
named. Payment shall constitute as full compensation for furnishing and
installing manholes, complete in place, and including all earthwork,
dewatering, grouting, protective coatings, manhole lids and frames,
connections, adjustments, backfilling, cleanup and all other appurtenant
work.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
1.38 TORSISH AND INSTALL EXTERIOR DROP roe SANITARY MAMMA, CO PLETZ, (Hid
Itn 45)
A. Measurement for payment for furnishing and installing an exterior drop
shall be based upon actual quantity installed.
B. Payment for furnishing and installing an exterior drop shall be made at
the Bid Schedule Unit Price named and shall constitute as full compensa-
tion for furnishing and installing drops, including all labor, materials
and equipment necessary for a complete connection to a manhole.
C. All exterior drops for sanitary manholes must be selected, furnished,
and installed in accordance with the City of Coral Springs 2019 Water
and Wastewater Systems Standard Specifications and Details.
1.39 CCNNZCT NEW GRAVITY SERER TO EXISTING MANHOLE, COMPLETE (Bid Item 46)
A. Measurement for payment for furnishing and connecting new gravity main
to existing manhole structure shall be based upon actual quantity
installed per depth category named.
01025 2/15/19
MFASTTRRMENT AND PAYMENT 12 275-061.GE
B. Payment for furnishing and connecting new gravity main to existing manhole
structure shall be made at the Bid Schedule Unit Price per connection per
depth category named. Payment shall constitute as full compensation for
furnishing and connecting new main, complete in place, including all
earthwork, dewatering, concrete coring, manhole couplings,
grouting, new flow channels (benches), Coating, backfilling, cleanup and
all other appurtenant work.
C. This Bid Item No, must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
1.40 ABANDON EXISTING SANITARY MANHOLES, COMPLETE (Bid Item 47)
A. Measurement for payment for abandoning existing sanitary manholes shall
be based upon the actual number of existing manholes abandoned in place.
B. Payment for abandonment of existing sanitary manholes shall be made at
the Bid Schedule Unit Price and shall constitute as full compensation for
all labor, materials, and equipment to remove manhole top riser, grout
fill and cap existing manhole. Also included in this item is backfilling
and compaction complete in place to finish subgrade of road, or grade of
non-paved area(s), and all other appurtenant work.
1.41 ABANDON AND GROUT EXISTING SANITARY COLLECTION HAIW, COMPLETE (Bid Item
48)
A. Measurement for payment for abandonment of existing sanitary collection
main shall be based upon the number of linear feet of such sanitary
collection main actually abandoned in place including grouting of the
pipe.
B. Payment for abandonment of existing sanitary collection main shall be
made at the Bid Schedule Unit Price named and shall constitute as full
compensation for all labor, equipment and material for abandonment of
existing sanitary collection main, complete, inclusive of existing
piping, flushing and grouting of pipe, lawful disposal of sanitary
contents of main, and capping ends, and all other appurtenant work.
1.42 FURNISH AND INSTALL EPDXY-LINED DIP rOACE MAIN (Bid Item 49)
A. Measurement for payment for installing epoxy-lined ductile iron force
main shall be based upon the number of linear feet of such force main
actually installed, as determined by measurement along the centerline
of the pipe in place including fittings and valves.
B. Payment for installing epoxy-lined ductile iron force main shall be made
at the Bid Schedule Unit Price per linear foot of pipe named. Payment
shall constitute as full compensation for furnishing, placing all such
pipe, complete in place, and including all survey work for layout;
earthwork, trench excavation, and backfill and dewatering, disposal of
waste and excess material, cleanup, repair of damage to existing
utilities, preconstruction videotaping, sprinkler system repair and all
other appurtenant work.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
2/15/19 01025
975-11F1 _am 1.3 MEASUREMENT AND PAYMENT
1.43 BQRNI$H AND INSTALL PLUG VALVES AND BOXES, COMPLETE (Bid Item 50)
A. Measurement for payment for furnishing and installing plug valves and
boxes shall be based upon the actual quantity of such valves and boxes
furnished and installed for buried service.
B. Payment for furnishing and installing plug valves and boxes shall be made
at the Bid Schedule Unit Price named for each valve and box furnished,
installed and accepted. Payment shall constitute as full compensation
for labor, equipment and material required to furnish and install plug
valves and boxes, complete.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
1.44 HISS AND INSTALL rowCs MArn LINE STOPS, C0HPLITZ (Hid Item 51)
A. Measurement for payment for furnishing and installing force main line
stops shall be based upon the actual quantity of line stops furnished
and installed for buried service.
B. Payment for furnishing and installing force main line stops shall be made
at the Bid Schedule Unit Price named for each size line stop furnished,
installed and accepted. Payment shall constitute as full compensation
for labor, equipment and material required to furnish, install/remove
line stops, complete, and all other appurtenant work.
1.45 7URNI$S AND INSTALL rORCE NAIN INSERTION VALVES AND BOXES, COUPLET! (Bid
52)
A. Measurement for payment for furnishing and installing force main
insertion valves and boxes shall be based upon the actual quantity of
such valves and boxes furnished and installed for buried service.
B. Payment for furnishing and installing force main insertion valves and
boxes shall be made at the Bid Schedule Unit Price named for each valve
and box furnished, installed and accepted. Payment shall constitute as
full compensation for labor, equipment and material required to furnish
and install insertion valves and boxes, and all other appurtenant work.
1.46 FURNISH AND INSTAlL FORCE HAIN TAPPING SLEEVE AND TAPPING VALVE, AND VALVE
BOX, CCS TIETE (Bid Item 53)
A. Measurement for payment for furnishing and installing force main tapping
sleeves and valves shall be based upon actual quantity of tapping sleeves
and valves installed complete.
B. Payment for furnishing and installing force main tapping sleeves and
valves shall be made at the Bid Schedule Unit Price named for each assembly
furnished, installed, tested, tapped and accepted. Payment shall
constitute as full compensation for all labor, equipment and material
required to furnish and install the tapping assemblies complete with
concrete reaction blocking.
01025 2/15/19
MF:A NWMMF.NT ANn PAYMENT 14 275-061.GE
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems
Specifications and Details.
1.47 FURNISH RED INSTALL EPDXY-LINED DUCTILE IRON FITTINGS AND THRUST
RESTRAINT FOR FORCE NUNS (Bid Item 54)
A. Measurement for furnishing and installing epoxy-lined ductile iron
compact fittings shall be for fittings and accessories installed and
accepted based upon body weight of ductile iron compact fittings only,
NOT including weight of joint accessories.
B. Payment for furnishing and installing epoxy-lined ductile iron fittings
shall be made at the Bid Schedule Unit Price named for each ton of fittings
installed and accepted. Payment shall constitute as full compensation
for labor, equipment, and material required to install fittings,
including glands, bolts, gaskets, and thrust restraint.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
1.48 FORCE Malt AIR RELEASE ASSEMBLIES (Bid Item 55)
A. Measurement for payment for furnishing and installing force main air
release valve assemblies shall be based on the actual number of air release
valve assemblies completed and accepted.
B. Payment for furnishing and installing force main air release valve
assemblies shall be made at the Bid Schedule Unit Price per assembly
named. Payment shall constitute as full compensation for all labor,
equipment, and materials required to complete the installation including
vault structure, manhole ring and cover, piping, fittings, corporation
stops, service saddles, air release valve, and all other appurtenant
work.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
1.49 ABANDONMENT AND GROUTING OF EXISTING FORCE WW1, COMPLETE (Bid Item 56)
A. Measurement for payment for abandonment of existing force main shall be
based upon the number of linear feet of such force main actually abandoned
in place, including grouting of the pipe.
B. Payment for abandonment of existing force main system shall be made at
the Bid Schedule Unit Price named and shall constitute as full
compensation for all labor, equipment and material for abandonment of
existing force main system, complete, inclusive of existing piping,
flushing and grouting of pipe, lawful disposal of sanitary contents of
main, capping ends, and all other appurtenant work.
1.50 FURNISH AND INSTALL FORCE WAN TIE-IN CONNECTION (Bid Item 57)
A. Measurement for payment for tie-in connection to existing system shall
be based on actual connections to the main pipe.
2/15/19 01025
97S-oS1 _MR 15 MEASUREMENT AND PAYMENT
B. Payment for furnishing and installing tie-in connections shall be made
at the Bid Schedule Unit Price named for each tie-in connection completed
and accepted. Payment shall constitute as full compensation for all
labor, equipment and material required to furnish and install the tie-in
connection complete with thrust restraints, and all other appurtenant
work.
C. This Bid Item No. must be selected, furnished, and installed in accordance
with the City of Coral Springs 2019 Water and Wastewater Systems Standard
Specifications and Details.
1.51 DISCONNECTION, REMOVAL AND OF EXISTING WASTEWATER
TRANSMISSION SYSTEM COMPONENTS, COMPLETE and Item No. 58)
A. Measurement for payment for completing disconnection, removal and
abandonment of existing wastewater transmission system components
(valves and ARV assemblies) shall be based on actual quantity of scheduled
abandonments completed.
B. Payment for completing disconnection, removal and abandonment of
existing water system components will be made at the Contract price per
abandonment type named. Unit price will constitute as full compensation
to complete each abandonment type including all labor, equipment,
material, and all other appurtenant work.
C. Payment for this item shall include all specified temporary and final
surface restoration requirements. CONTRACTOR shall review and verify
restoration requirements.
1.52 NISCELLANIOUS ADJUSTMENT IFORK Mid Item No. 59)
A. Measurement for payment for completing existing valve box adjustments,
existing manhole ring and cover adjustments, and removal and replacement
of existing valve boxes shall be based on actual quantities for scheduled
work items completed.
B. Payment for completing adjustments to existing valve boxes or manhole
rings and covers, and/or removal and replacement of valve boxes will be
made at the Contract unit price per Miscellaneous Adjustment Work type
named. Unit price will constitute as full compensation to complete each
Miscellaneous Adjustment Work price including all labor, equipment,
materials, and all appurtenant work.
C. Typical adjustment range of existing valve box or existing manhole rings
and cover shall be 0" to 6".
1.52 MISCELLANEOUS WORK ALLOKANCE
A. A Miscellaneous Work Allowance equivalent to 5% of the bidder's subtotal
bid amount shall be added and included in the grand total bid.
B. Application of the Miscellaneous Work Allowance shall be as specified
in Section 01010 - Summary of Work.
1.53 INCIDENTAL RESTORATION
A. No separate or additional payment will be made for repair/replacement
of irrigation systems, replacement of signs, mail boxes, maintenance
01025 2/15/19
MRASURRMENT AND PAYMENT 16 275-061.GE
and/or relocation/replacement of landscaping, trimming of trees,
disposal of materials removed, repair of signalization or pedestrian
control facilities, protection and support of other utility's facilities
and all other restoration required that is not included in the contract
documents. The cost for this is to be distributed equally among all
applicable contract unit pay items and shall be considered full
compensation for labor, equipment and materials.
PART 2 PRODUCTS
NOT USED.
PART 3 EXECUTION
NOT USED.
END OF SECTION
2/15/19 01025
975-n61 _nF 17 MEASUREMENT AND PAYMENT
Section 00300-S
HID SCOW=
PRO ZCT IDSNTIFICATION
Project Name: Annual Contract for Stint. Construction BerviOes
OWNER's Bid Number: 19-B-063F
ENGINEER's Project Number: 275-061.GE
Project Dated: Februar' 15, 2019
MIMOSA
Name: e GT General Contractors LW
Address: 10191 M Sazple Rd - Ste #103
Coral Springs, FL 33065
NAME Or PraSON TO CONTAOr FOR ADDITIONAL INNORNATION ON THIS BID
Name: Antonio Assenaa
Telephone Number: (954) 225.3392
Email: aassensa€gt-general.coe
HID SOmTTAL Dy: May 22. 2019
The BIDDER agrees that the unit prices represent a true measure of the labor
and materials required to perform each unit of work, including overhead and
profit for each type and unit of work called for. The total amount shall be
shown in both words and figures. In case of a discrepancy, the amount shown in
words shall govern.
(Remainder of page left intentionally blank)
/9C /1A ____ -- _
I
Sid Y Do.ariptio�a cityUnit that j
pri Total
COSO.tiONW
1 Project Included in Bid Items
Mobilisation/Daaabili.aatian
2 As-Built Record Drawings Included in Bid Items
SUE for possible conflict Test
9 resolution 1 Hole $ 29500.D0 $ 2,500.00
4 NPDRS Genera]. Construction Included in Bid Items
Permit Compliance
5 Maintenance of Traffic
5A M.O.T. - Residential Street 100 Day $ 6.00 $ 600.00
58 M.O.T. - City Arterial Roadway 100 Day $ 10.00 $ 1,000.00
5C M.O.T. - County or State 100 LF/ $ 18.00 $ 1,800.00
Roadway Day
5D M.O.T. - For Non-Linear Point 100 Day $ 650.00 $ 65,000.00
Repairs
Seatoratian
6 Furnish and Install sod 100 LF $ 7.00 $ 700.00
7Roadway Reconstruction 1 SY $ 40.00 $ 40.00
(Thoroughfare)
Roadway The Reconstruction (Non-
81 SY $ 60.00 $ 60.00
9 Asphalt pavement removal, 100 SY $ 12.00 $ 1,200.00
disposal and patch
10 FDOT Plowable rill 100 CY $ 100.00 $ 10,000.00
11 Asphalt driveway reconstruction 100 SY $ 6.00 $ 600.00
12 Concrete. driveway 100 LF $ 15.00 $ 1,500.00
reconstruction
13 Concrete curb reconstruction 100 LF $ 60.00 $ 6,000.00
14 Temporary Lassa Striping Paint 100 LF $ 0.50 $ 50.00
• Pavvmant Markings
Permanent lane Striping
15 100 LF $ 0.70 70.00
Thermoplastic asa opltic Pavnt Markings $
Temporary Paint Pavement
16 Arrows, Stop Bar., Stenciled 100 SF $ 2.00 $ 200.00
Text Markings
Permanent Thermoplastic
17 Pavement Arrows, Stop Bars, 100 SF $ 81.00 $ 400.00
Stenciled Text Markings
t
Its I Sid 3fis Description Qty Unit price Total
Paver Drive Restoration
18 (Raaova, store, and reinstall 100 SF $ 16.00 $ 1,600.00
pavers)
19 Milling and Overlay
Mill existing pavement (3/4" -
19A 1") including disposal and 100 SY $ 15.00 $ 1,500.00
asphalt overlay
Mill existing pavement (1" -
19B 2") including disposal and 100 SY $ 20.00 $ 2.000.00
asphalt overlay
20 Concrete Sidewalk Reconstruction
4-inch thick Concrete sidewalk
20A reconstruction 100 SF $ 3.00 $ 300.00
20B 6-inch thick Concrete sidewalk 100 SF $ 8.00 $ 800.00
reconstruction
Water Distribution
21 8v'rni.eh and Install Ceaent-lined Ductile Iron Pipe Water Main
21A 4" DIP 100 LF $ 40.00 $ 4,000.00
21B 6" DIP 100 LF $ 45.00 $ 4,500.00
21C 8" DIP 100 LF $ gb.00 $ 5,000.00
21D 10" DIP 100 LF $ 55.00 $ 5,500.00
21E 12" DIP 100 LF $ 65.00 $ 6,500.00
21F 16" DIP 100 LF $ 80.00 $ 8,000.00
21G 18" DIP 100 LF $ 100.00 $ 10'9000.00
21H 20" DIP 100 LF $ 125.00 $ 12,500.00
21I 24" DIP 100 LF $ 140.00 $ 14,000.00
22 Furnish and Install. Gate Valve & Valve Box
22A 4" Gate Valve & Box 1 EA $ 1,000.00 $ 1,000.00
22B 6" Gate Valve & Box 1 EA $ 1,200.00 $ 1,200.00
22C 8" Gate Valve & Box 1 EA $ 1,700.00 $ 1,700.00
22D 10" Gate Valve & Box 1 EA $ 2,500.00 $ 2,500.00
22E 12" Gate Valve & Box 1 FA $ 3,700.00 $ 3,700.00
22F 16" Gate Valve & Box 1 EA $ 10,000.00 $ 10,000.00
22G 18" Gate Valve & Box 1 EA $ 15,000.00 $ 15,000.00
23 FUrnieh and Install Butterfly Valve & Valve Box (Water Mai.a)
23A 12" Butterfly Valve & Box 1 EA $ 6,500.00 $ 6,500.00
23B 16" Butterfly Valve & Box 1 EA $ 7,600.00 $ 7,600.00
23C 18" Butterfly Valve & Box 1 EA $ 8,800.00 $ 8,800.00
23D 20" Butterfly Valve & Box 1 EA $ 12,000.00 $ 12,000.00
n
Malt
It= Sid Item Dommiciption, Otr ttnit, Price
Tot
$ 15,000.00$ 15,000.00
24 Furnish and Install Tapping Ble vn w/ Valve & Valve Box (Water ]lain)
1,800.00 1,800.00
1P,000.00 2,000.00
1,900.00 1,900.00
2,200.0 2,200.00
0
2,500.00 2,500.00
3,000.00 3,000.00
3,200.00 3,200.00
1 3,500.00 3,500.00
3,000.00 65,000.00
3,200.00 3,200.00
3,500.00 3,500.00
5,500.00 5,500.00
25 Fire Hydrant Assembly with % 500.00 8,500.00
Auxiliary Valve, complete.
26 Disconnection, Removal and Abandonment of Existing Water System
Components
E1,000.00 2,000.00
2,250.00 2,250.00
27 F rn.iah and Install Line Stop
5,000.00 5,000.00
5,500.00 5,500.00
6,000.0 6,000.00
0
6,500.00 6,500.00
8,000.00 8,000.00
1,500.0 8,500.00
10,000.00 10,000.00
•
1 � Mitt
ItAaalBid Itamn Desariptien Qty' Unit i 'P0 1
27H 24" Insertion Line Stop 1 EA $ 13,500.00 $ 13,500.00
28 Furnish and Install Insertion Valve & Valve Box
28A 4" Insertion Valve & Box 1 EA $ 2,5m.00 $ 2,500.00
28B 6" Insertion Valve & Box 1 EA $ 3,500.00 $ 3,500.00
28C 8" Insertion Valve & Box 1 EA $ 5,000.00 $ 5,000.00
28D 10" Insertion Valve & Box 1 EA $ 8,000.00 $ 8,000.00
28E 12" Insertion Valve & Box 1 EA $ 12,000.00 $ 12,000.00
29 Furnish and insta3,1 Water Service Re-connections
29A Short Single service, Complete 1 EA $ 500.00 $ 500.00
29B Short Double service, Complete 1 EA $ e600,00 $ 600.00
29C Long Single service, Complete 1 EA $ 1,200.00 $ 1,200.00
29D Long Double service, Complete 1 EA $ 1,500.00 $ 1,500.00
30 Furnish and Install Water Services (New)
New Short Single service,
30A 1 EA $ 2,000.00 $ 2,000.00
Complete
30B New Short Double service, 1 EA $ 3,000.00 $ 3,000.00
Complete
New Long Single service, et,500.00
30C Complete 1 EA $ 2,500.00 $
30D New Long Double service, 1 EA $ 4,000.00 $ 4,000.00
Complete
31 Sample Points
Furnish, Install, Remove
31A temporary sample point on water 1 Ep, $ 1,500.00 $ 1,500.00
main, including bacteriological
samples and lab report
Furnish, Install, Remove
temporary sample point on fire
31B hydrant including 1 EA $ 0,500.00 $ 2,500.00
bacteriological samples and lab
report
Furnish and Install Cement-
lined Ductile Iron rifting': and 1 TN $ 6,000.00 $ 6,000.00
Thrust Restrain for Water Main
with Accessories
33 Furnish and Install Complete Connection to Existing Water Wain System
33A 4-inch 1 EA $ 1,000.00 $ 1,000.00
33B 6-inch 1 EA $ 2,000.00 $ 2,000.00
33C 8-inch 1 EA $ 2,500.00 $ 2,500.00
33D -10-inch 1 EA $ 3,000.00 $ 61,000.00
I j Sid I Seri ticai Qty unit. 't '
mid
33E 12-inch 1 EA $ 3,500.00 $ •3,500.00
33F 16-inch 1 EA $ 0,500.00 $ 4,500.00
33G 18-inch 1 EA $ 5,000.00 $ 5,000.00
33H 20-inch 1 EA $ 7,500.00 $ 7,500..00
33I 24-inch 1 EA $ 10,000.00 $ 10,000.00
34 Ahendon and Grout Existing Water Main, Complette
34A 4-inch 100 LF $ 20.00 $ 2,000.00
34B 6-inch 100 LF $ 25.00 $ 2,500.00
34C 8-inch 100 LF $ 30.00 $ 3,000.00
34D 10-inch 100 LF $ 35.00 $ 3,500.00
34E 12-inch 100 LF $ 40.00 $ 4,000.00
Sanitary Swaraz C ll.at ion
35 Furnish and Install 8" PVC - 8DR35 Saver Gravity Main
35A SDR 35 0-6' depth 100 LW $ 30.00 $ 3,000.00
35B SDR 35 6-8' depth 100 LF $ 40.00 $ 4,000.00
35C SDR 35 8-10' depth 100 LF $ 60.00 $ 6,000.00
35D SDR 35 10-12' depth 100 LF $ 75.00 $ (0,500.00
36 Furnish and Install 10" PVC - SDR35 Serer Gravity Main
36A SDR 35 0-6' depth 100 LW $ 35.00 $ 3,500.00
36B SDR 35 6-8' depth 100 LF $ 40.00 $ 4,000.00
36C SDR 35 8-10' depth 100 LF $ 60.00 $ 61000.00
36D SDR 35 10-12' depth 100 LF $ 75.00 $ 7,500.00
37 Furnish and Install 12" PVC - 8DR35 Sewer Gravity Main
37A SDR 35 0-6' depth 100 LF $ 50.00 $ 5,000.00
37B SDR 35 6-8' depth 100 LF $ 60.00 $ 6,000.00
37C SDR 35 8-10' depth 100 LF $ 80.00 $ 8,000.00
37D SDR 35 10-12' depth 100 LF $ 120.00 $ 12,000.00
38 Furnish and Install 8" PVC - 8DR26 Bsiier Gravity Main
38A SDR 26 6-8' depth 100 LW $ 40.00 $ 4,000.00
38B SDR 26 8-10' depth 100 LF $ 55.00 $ 5,500.00
38C SDR 26 10-12' depth 100 LF $ 75.00 $ 7,500.00
38D SDR 26 12'-14' depth 100 LF $ 100.00 $ 10,000.00
39 Furnish and Install 10" PVC - SDR26 Sewer Gravity Main
30A SDR 26 6-8' depth 100 LF $ 40.00 $ 4,000.00
39B SDR 26 8-10' depth 100 LF $ 55.00 $ 5,500.00
39C SDR 26 10-12' depth 100 LF $ 75.00 $ 7,500.00
39D SDR 26 12'-14' depth 100 LF $ 100.00 $ 10,000.00
It - id remra Dosaription Qty Unit leotgl
40 Furnish and Install 12" PVC - 80026 Sewer Gravity Main
40A SDR 26 6-8' depth 100 LF $ 60.00 $ 6,000.00
40B SDR 26 8-10' depth 100 LF $ 80.00 $ 8,000.00
40C SDR 26 10-12' depth 100 LF $ 110.00 $ ei,000.00
40D SDR 26 12'-14' depth 100 LF $ 220.00 $ 22,000.00
41 Furnish and Install Single Service Laterals
41A 0-6' depth at main 1 EA $ 1,000.0 $ 2,000.00
41B 6-8' depth at main 1 EA .$ 2,500.00 $ 2,500.00
41C 8-10' depth at main 1 EA $ 3,500.00 $ 3,500.00
41D 10-12' depth at main 1 EA $ 4,000.00 $ 4,000.00
42 Punish and Install Double Service Laterals
42A 0-6' depth at main 1 EA $ 2,500.00 $ 2,500.00
42B 6-8' depth at main 1 EA $ 3,0000 $ 3,000.00
42C 8-10' depth at main 1 EA $ 4,000.00 $ 4,00(1.00
420 10-12' depth at main 1 EA $ 5,000.00$ 6,000.00
48 Furnish and Install Standard Precast Concrete 48" disaster Manhole
Strsoture with approved coatings
43A Precast Manhole 0-6.' depth 1 EA $ 6,000.00 $ 6,000..00
43B Precast Manhole 6'-8' depth 1 EA $ 7,000.0 $ 7,000.00
43C Precast Manhole 8'-10' depth 1 EA $ 8,000.00 $ 8,000.00
43D Precast Manhole 10'-12' depth 1 EA $ 10,000,00$ 10,000.00
44 Furnish and Install Precast Concrete 48" disaster Dog Rouse Mluahola
Structure with approved coatings
44A Dog House ME 0'-6' depth 1 EA $ 6,000.00 $ 6,000.00
44B DogHouse MH 6'-8' depth 1 EA 7,000.0
P $ O $ 7,000.00
44C Dog House ME 8'-10' depth 1 EA $ 8,000.00 $ 8,000.00
44D Dog House MR 10'-12' depth 1 EA $ e0,000.00$ 10,000.00
45 Furnish and Install Exterior Drop for Sanitary Manhole, Complete
45A Exterior Drop 0'-6' depth 100 LF $ 5,000.00 $ 8b,000.00
45B Exterior Drop 6'-8' depth 100 LF $ 6,000.00 $ 6,000.00
45C Exterior Drop 8'-10' depth 100 LF $ 7,000.00 $ 7,000.00
45D Exterior Drop 10'-12' depth 100 LF $ 8,000.00 $ e8,000.00
46 Connect New Gravity Serer to Existing bile, Complete
46A Connect New Gravity to MR 0'-6' 1 EA $ 61,000.00 $ 1,000.00
depth at main
46B Connect New Gravity to MR 6'--8' 1 EA $ 1,500.00 $ 1,500.00
depth at main
Connect New Gravity to MR 8'-
46C 30' depth at main 1 EA $ 2,000.00 $ 2,000.00
sum Bid ttaM Dasaription Qty unit Tota>.
Prios
Connect New Gravity to MH 10'- 3,000.0 3,000.00
46D 12' depth at main 1 $ 0 $
47 Abandon Existing Sanitary Manhole, Complete
47A Abandon Exist MH 0'-6' depth 1 EA $ 1,000.00 $ 1,000.00
47S Abandon Exist ME 6'-8' depth 1 EA $ 1,200.00 $ 1,200.00
47C Abandon Exist MH 8'-10' depth 1 EA $ 1,500.00 $ 1,500.00
47D Abandon Exist ME 10'-12' depth 1 EA $ 2,000.00 $ 2,000.00
48 Abandon and Grout Existing Sanitary Collection Main, Complete
Abandon Exist Sanitary Main 0'- 1,000.0
48A 6' depth 1 EA $ 1,000.00 $ 0
Abandon Exist Sanitary Main 6'- 1 EA $ 1,500.00$ 1,500.00
48B 8 depth
Abandon Exist Sanitary Main 8'- 1 EA $ 2,000.00$ 2,000.00
48C 10' depth
Abandon Exist Sanitary Main 2,500.00 $
48D 10'-12' depth 1 EA $ ' $ 2,500.00
14sctawatar Trana*iseion
49 Fbrniah and Install Epoxy-7.iaad DuotilQ Iron Pipe
49A 6" DIP 100 LF $ 50.00 $ 5,000.00
49B 8" DIP 100 LF $ 60,.00 $ 6,000.00
49C 10" DIP 100 LF $ 75.00 $ 7,500.00
49D 12" DIP 100 LF $ 80.00 $ 8,000.00
49E 16" DIP 100 LF $ 90.00 $ 9,000.00
49F 18" DIP 100 LF $ 120.00 $ 12,000.00
49G 20" DIP 100 LF $ 160.00 $ 16,000.00
49H 24" DIP 100 LF $ 180.00 $ .18,000.00
50 Fuxniab and Install Plug Valves
50A 4" Plug Valve 1 EA $ 2,000.00 $ M,000.00
50B 6" Plug Valve 1 EA $ 2,500.00$ 2,500.00
500 8" Plug Valve 1 EA $ 4,500.00 $ 4,500.00
50D 10" Plug Valve 1 EA $ 5,000.00$ 5,000.00
50E 12" Plug Valve 1 EA $ 8,000.00$ 8,000.00
50F 16" Plug Valve & Box 1 EA $ 12,000.00$ 12,000.00
50G 18" Plug Valve & Box 1 EA $ 18,000.00$ 18,000.00
50H 20" Plug Valve & Box 1 EA $ 22,000.00$ 22,000.00
501 24" Plug Valve & Box 1 EA $ 32,500.00$ 32,500.00
51 B'urniah and Install Line Stop (Toros Main)
51A 4" Insertion Line Stop 1 EA $ 5,000.00 $ 5,000.00
51B 8" Insertion Line Stop 1 EA $ 5,500.00$ 5,500.00
r t
G 'tam I Sid Item Depaription Qty 1 Unit 1 Test.
51C 10" Insertion Line Stop 1 EA $ 6,000.00 $ 6,000.00 1
51D 12" Insertion Line Stop 1 EA $ 7,000.00 $ 7,000.00
51E 16" Insertion Line Stop 1 EA $ 9,000.00 $ 9,000.00
51F 18" Insertion Line Stop 1 EA $ 10,000.00 $ 10,000.00
51G 20" Insertion Line Stop 1 EA $ 12,000.00 $ 12,000.00
51H 24" Insertion Line Stop 1 EA $ 6.5,000.00 $ 15,000.00
52 Furnish and Install Insertion waive & Valve Box MMasoe Mein)
51A 6" Insertion Valve & Box 1 EA $ 4,000.00 $ 4,000.00
52B 8" Insertion Valve & Box 1 EA $ 5,500.00 $ 5,500.00
52C 10" Insertion Valve & Box 1 EA $ 8,000.00 $ 8,000.00
52D 12" Insertion Valve & Box 1 Eli $ 12,000.00$ 12,000.00
52E 16" Insertion Valve & Box 1 EA $ 15,000.00$ 15,000.0
53 Furnish and Install Tspping Sleeve w/ Valve i Vallve Box (Force Main)
53A 6" Tapping Sleeve w/ 4" Valve & 1 EA $ 2,000.00 $ 2,000.08
Valve Box
53B 6" Tapping Sleeve w/ 6" Valve & 1EA $ 2,500.00 $ 2,500.00
Valve Box
53C 8" Tapping Sleeve w/ 4" Valve & 1 EA $ 2,000.00 $ 2,000.00
Valve Box
53D 8" Tapping Sleeve w/ 6" Valve & 1 EA $ 6,SVu $ 2,500.00
Valve Box II
8" Tapping Sleeve w/ 8" Valve &
53E Valve Box 1 EA $ 3,000.00 $ 3,000.00
53F 10" Tapping Sleeve w/ 4" Valve 1 EA $ 3,500.00$ 3,500.00
& Valve Box
53G 10" Tapping Sleeve w/ 6" Valve 1 EA $ 4,000.00$ 4,000.00
& Valve Box
53A 10" Tapping Sleeve w/ 8" Valve 1 EA $ 4,500.00$ 4,500.00
& Valve Box
531 12" Tapping Sleeve w/ 4" Valve 1 EA $ 3,500.00 $ 3,500.00
& Valve Box
53J 12" Tapping Sleeve w/ 6" Valve 1 EA $ 4,000.00 $ 4,000.00
& Valve Box
53K 12" Tapping Sleeve w/ 8" Valve 1 EA $ 4,500.00 $ 4,500.00
& Valve Box
53L 12" Tapping Sleeve w/ 10" Valve 1 EA $ 5,000.00 $ 5,000.00
& Valve Box
16" Tapping Sleeve w/ B" Valve 1 EA $ 4,000.00 $ 4,000.00
53M & Valve Box
Xt Add Item Description Qtyftit Total
Prim-
16" Tapping Sleeve w/ 10 Valve
4,500.00 4,500.00
53N & Valve Box
16" Tapping Sleeve w/ 12" Valve
5,000.00 5,000.00
530 & Valve Box
18" Tapping Sleeve wi/ 12' Valve 1 5,500.00 5,500.00
53p & Valve Box
18" Tapping Sleeve w/ 16' Valv
& Valve Box 6,000.00 6,000.00
53Q
20" Tapping Sleeve wi 16" Valve 41,500.00 6,500.00
53R & Valve Box
Furniah and Install Npoxy-line'
Ductile Iron rittinga and
$ $
Thrust Restraint for Force 2,1fain
.7ith
Ftrniah and Install 2" Force
55 Main Air Release Wlv , EA S 7,000.00 $
Asaenbly, Complete,
56 Abandon and Groat toasting rorce Main, Cc,.Nplete
56A 4-in- ' 10r LE $ 25.00 $ 2,500.00
56B 6=' 10 LF $ 830.00 $ '3,000.00
56C 8= LF 35.00 $ 3,500.00
56D 1C-thc L0 LF $ 40.00 $ 4,000.00
56E 12-inch .01 LF $ 45.00 $ 4,500.00
57 Burnish and Install Mcrae Min Tie-in ConneotiOo
a/A d-JnL $ 1,000.00 $ 1,000.00
578 6-inx & $ 2,000.00 $ 2,000.00
57C 8-inch EA $ t,500, $ 2,500.00
57D 10-inch 1 000.c, $ 3,0,71sPc
57E 12-inch • 4,000.00 $
57F 16-inch z.n $ 5,000.00 $
57G 18-inch EA $
57H 20-i7 Eh $ 7 $
571 24-inch EA $ 10,000. $
Dicoonnaction, Rt=moval and
Transmission 5v,steza
58A Valvaa 2,50C,.(,0 $ 2,500,0
585 Air Release Valve Ansembly, and - 1,500.004 0:2,5o .00
Vault
"
trait i
Item Bid Item Dasoription Qty [that Price I Total
59 Miacallaneons Adjustment Work
59A Remove and Replace Existing 1 EA $ 800.00 $ 800.00
Valve Box, complete.
Adjust Existing Valve Box to ryv.
59B revised pavement grade, 1 EA $ , $ 750.00
complete.
Adjust existing manhole ring
59C and cover to revised pavement 1 EA $ 1,000.00 $ 1,000.00
-rade, complete.
SUB-TOTAL $ 1,238,020.00
NIS"a..=L::.'NS0[TS (5% OF SUB-TOTAL) $ 61,901.00
GRAND TOTAL $ 1,299,921.00
7tAY'1'T= GRAND TOTAL
One Mi).lion Two Hundred Ninety-Nine Thousand Nine Hundred Twenty-Ong:1011are
Oni 1 nrn nnr'i 9;Pm f.ni-g Cent&
Refer to specifications Section 01025 - Measurement and Payment, for description
of work included in each unit cost bid item.
Emergenoy Work Markup
Total Goat Premium Adder for Emergency Work Ex, 15 %
Nighttime Work Msrtu:
Total aoet adder for nighttime work• (7:00 PM to 7:00 lam) = 20
An Individual
By (SEAL
(Individual's Name)
doing business as
Business address
Phone No. : _
(Remainder of page left intentionally blank)
A Partnershl
By (Seal)
(Firm Name)
(General Partner)
aisiness address
Phone No.:
A Corporation
GT General Contractors T.LC
By
(Incorporation Name)'
Florida
(State of Incorporation)
Antonio Aasehaa
(Name of Person Authorized to Sign)
President
(Title)
(Corporate Seal)
Attest
Secretary) Rosa hosanna
Business address 10191 N Sample Rd - Ste#103
Coral Springs, FL 33065
Phone No. : (954) 225-3391
A Joint Venture
By
(Name)
(Address)
By
(Name)
(Address)
(Each joint venturer must sign. The manner for each individual, partnership
and corporation that is a party to the joint venture should be in the manner
indicated above) .
Exhibit B
GENERAL Log#2001-002
CONTRACTORS
March 9,2020
City of Tamarac
7525 NW 88`h Avenue
Tamarac,Florida 33321
Att: Me Earl Henry
RE:McNab Road 24"Water Main Valve Replacement—Cost Estimate
Dear Mr.Henry,
Per your request, please find attached quote for job of reference.This quote has been prepared based
on items and quantities furnished by you,and unit pricing included in the Annual Contract for Utility
Construction Services that GT General Contractors has signed with the City of Coral Springs.
We agree to use the unit prices contained therein(piggy back)and agree to comply with all its Terms
and Conditions,as applicable,for the duration of said Contract.
We agree not to charge any fee for night work on attached quote.
To schedule a meeting,or to answer any questions or concerns,please do not hesitate to contact me on
my cel(954)225-3391,or email aassenza@gtgeneral.com.
Thank you for the opportunity,and we look forward to working with you and secure the City of Tamarac
as one of our satisfied clients.
Sincerely,
onio Ass
President
GT General Contractors,LLC • 10191 West Sample Road,Suite 103 • Coral Springs, FL 33065 • (954) 906.5739
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