Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2016-04
CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this e-)(p day of T q h uarrr 2016, A D., by and between the City of Clermont, 685 W. Montrose Street, Clermont, rida (hereinafter referred to as "OWNER"), and YOUNG'S COMMUNICATION CO., INC., 424 West Drive, Melbourne,FL 32904 (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: SECTION I - SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the specifications entitled: RFB NO. 16-008, Westside Water Main Loop as prepared by OWNER and its agents shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. SECTION II-THE CONTRACT SUM The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, the Price Schedule, attached hereto and incorporated herein as Exhibit "A". The final completion lump sum price THREE MILLION, EIGHT HUNDRED SEVENTY-ONE THOUSAND, FOUR HUNDRED TWENTY-NINE DOLLARS AND 00/100 CENTS ($3,871,429.00). SECTION III- COMMENCEMENT AND COMPLETION OF WORK 1) The CONTRACTOR shall commence work within TEN (10) calendar days after receipt of (i) Notice to Proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will substantially complete the same within THREE HUNDRED SIXTY-FIVE (365) calendar days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified by the OWNER's Engineer as sufficiently complete, in accordance with the Contract Documents, so the OWNER can occupy or utilize the work or designated portion thereof for the use for which it is intended. 2) The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3) The CONTRACTOR further declares he has examined the project site and that from personal knowledge and experience has made sufficient investigations to fully satisfy himself that such site is correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the 1 specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions pr situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. Any ambiguity or uncertainty in the Plans, Drawings or Specifications shall be interpreted and construed by the OWNER's designated Project Manager after consultation with the Project Architect, and the OWNER's Project Manager's decision shall be final and binding upon all parties,provided the OWNER agrees. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the OWNER or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, Plans and Specifications covering said work shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract and/or the Drawings and Specifications covering said work, and the OWNER may require the CONTRACTOR and/or his Surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and or acceptance of any such work or material, are found to be defective or to fail and in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The CONTRACTOR shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his Surety, who shall in any event be jointly and severally liable to the OWNER for all damages, loss and expense caused to the OWNER by reason of the CONTRACTOR'S breach of this Contract and/or his failure to comply strictly and in all things with this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 4) As-built drawings, warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. SECTION IV -AUTHORIZED REPRESENTATIVES 1) Before starting work, CONTRACTOR shall designate a competent, authorized representative acceptable to OWNER to represent and act for CONTRACTOR and shall inform OWNER in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for CONTRACTOR and shall specify any and all limitations of such authority. At the Pre-construction Conference, CONTRACTOR shall provide resumes of key personnel for OWNER's approval. CONTRACTOR shall keep OWNER informed in writing pursuant to the notice requirements provided herein of any subsequent changes in the foregoing. Such representative shall be present or duly represented at 2 the site of work at all times when work is actually in progress 2) From the time of execution of the Contract, the OWNER shall have the right to remove the CONTRACTOR's representative from the project for inappropriate behavior including, but not limited to, lack of concern for residents, or acting in an unprofessional manner (i.e. argumentative with residents or OWNER's representative and the use of foul language). 3) All notices, determinations, instructions and other communications given to the authorized representatives of the CONTRACTOR shall be binding upon CONTRACTOR. Nothing contained herein shall be construed as modifying the CONTRACTOR's duty of supervision and fiscal management as provided for by Florida law. 4) The OWNER shall designate a Project Manager who will have limited authority to act for the OWNER. The OWNER will notify the CONTRACTOR in writing of the name of such representative(s). Any other City employees are not authorized OWNER representatives and any work performed by the CONTRACTOR without proper written authorization from the Project Manager as approved by OWNER, is performed at the CONTRACTOR's risk, and the City shall have no obligation to compensate the CONTRACTOR for such work. SECTION V - LAWS AND REGULATIONS 1) CONTRACTOR and its employees and representatives shall at all times comply with all applicable laws, codes, ordinances, statutes, rules or regulations in effect at the time work is performed under this Contract. 2) If, during the term of this Contract, there are any changed or new laws, ordinances or regulations not known or foreseeable at the time of signing this Contract which become effective and which affect the cost or time of performance of the Contract, CONTRACTOR shall immediately notify OWNER in writing and submit detailed documentation of such effect in terms of both time and cost of performing the Contract. Upon concurrence by OWNER as to the effect of such changes, an adjustment in the compensation and/or time of performance will be made, if applicable. 3) If any discrepancy or inconsistency should be discovered between the Contract and any law, ordinance, regulation, order or decree, CONTRACTOR shall immediately report the same in writing to OWNER who will issue such instructions as may be necessary. However, it shall not be grounds for a Change Order that the CONTRACTOR was unaware of or failed to investigate the rules, codes, regulations, statutes, and all ordinances of all applicable governmental agencies having jurisdiction over the Project or the work. SECTION VI - CODE RELATED INSPECTIONS The CONTRACTOR recognizes that the City of Clermont is the governing jurisdiction charged with the inspection of improvements to real property for code compliance and the improvements to be made by the CONTRACTOR pursuant to this contract may be subject to inspection by City of Clermont or its agents. The CONTRACTOR agrees that it will not assert, as a City-caused 3 delay or as a defense of any delay on the part of the CONTRACTOR, any good faith action or series of actions on the part of the City or its agents with regard to inspections, including, but not limited to the refusal to accept any portion of the CONTRACTOR's work. SECTION VII - PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the Bid Documents and General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1) CONTRACTOR shall submit a progress payment request by the twentieth (20th) day of each calendar month for work performed during the current calendar month, projected through the 25th. At any time, the OWNER shall have the right as a condition of making a partial payment hereunder, to require CONTRACTOR to submit evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the subject progress payment request have been paid in full. Upon OWNER's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the OWNER shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved estimate by the OWNER and the Architect, for work performed during the preceding calendar month under the Contract To insure proper performance of the Contract, the OWNER shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment on account of this Agreement shall be made within thirty (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. ARTICLE VIII- LIQUIDATED DAMAGES 1) It is mutually agreed that time is of the essence in regard to this Agreement. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall pay to OWNER the sum of FIVE HUNDRED DOLLARS ($500.00)per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date for beneficial occupancy (substantial completion) and/or final completion; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. Contractor shall pay the liquidated damages amount contained herein. NOTE: Not necessary, this would come out of contract balance. Contractors pay applications would be reduced to cover anticipated liquidated damages. 4 SECTION IX - ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and matenals of the work shall be furnished in manner and form satisfactory to the OWNER. SECTION X—DISPUTE RESOLUTION - MEDIATION 1) Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2) The OWNER and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3) The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. SECTION XI— INSURANCE AND INDEMNIFICATION RIDER 1) Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the OWNER, for the protection of employees not otherwise protected 2) Contractor's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by 5 anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) Contractor's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverage, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverage, $1,000,000 Each Bodily Injury& Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $1,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. (d) Builders Risk Coverage: 100% of Contract Value 3) Subcontractor's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4) "XCU" (Explosion, Collapse, Underground Damage) - The CONTRACTOR's Liability Policy shall provide "XCU" coverage for those classifications in which they are excluded. 5) Broad Form Property Damage Coverage, Products & Completed Operations Coverage - The CONTRACTOR's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverage. 6) Contractual Liability Work Contracts - The Contractor's Liability Policy shall include Contractual Liability Coverage designed to protect the CONTRACTOR for contractual liabilities assumed by the CONTRACTOR in the performance of this Agreement. 7) Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the OWNER, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation 6 of indemnity which would otherwise exist as to any party or person described in this Section. (b) In any and all claims against the OWNER or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the OWNER for the indemnification provided herein. SECTION XII - TAXES 1) CONTRACTOR shall pay all taxes, levies, duties and assessments of every nature that may be applicable to any work under this Contract. The Contract Sum and any agreed variations thereof shall include all taxes imposed by law. CONTRACTOR shall make any and all payroll deductions required by law. CONTRACTOR herein indemnifies and holds the OWNER harmless from any liability on account of any and all such taxes, levies, duties, assessments and deductions. Such indemnification shall be in accordance with the terms and conditions of the Indemnification provisions provided herein. 2) OWNER and CONTRACTOR hereby acknowledge that OWNER is a tax-exempt entity. Where applicable, and so directed by the OWNER, the OWNER reserves the right to implement, at its convenience, a tax exemption program to buy selected materials and place the tax savings in line item contingency. SECTION XIII- SUCCESSORS,ASSIGNS AND ASSIGNMENT The OWNER and the CONTRACTOR each bind itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract. It is agreed that the CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. SECTION XIV - NOTICES All notices shall be in wnting and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to 7 the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Young's Communication Co., Inc. 424 West Drive Melbourne,FL 32904 Attn: Steve Young, President OWNER: City of Clermont 685 W. Montrose Street Clermont,FL 34711 Attn: Darren Gray, City Manager SECTION XV—OPTIONAL TERMINATION 1) OWNER may, at its option, terminate the Contract, in whole or in part, at any time by written notice thereof to CONTRACTOR, whether or not CONTRACTOR is in default. Upon any such termination, CONTRACTOR hereby waives any claims for damages from the optional termination, including loss of anticipated profits, on account thereof, but as the sole right and remedy of CONTRACTOR, OWNER shall pay CONTRACTOR in accordance with Subparagraphs below, provided, however, that those provisions of the Contract which by their very nature survive final acceptance under the Contract shall remain in full force and effect after such termination. 2) Upon receipt of any such notice, CONTRACTOR and its Surety shall, unless the notice requires otherwise: (a) Immediately discontinue work on the date and to the extent specified in the notice; (b) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Contract that is not terminated; (c) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to OWNER of all orders and subcontracts to the extent they relate to the performance of work terminated or assign to OWNER those orders and subcontracts and revoke agreements specified in such notice, (d) Assign all Subcontracts required for performance of this Contract to the OWNER. In anticipation of such a remedy, the CONTRACTOR shall include in all Subcontracts, equipment leases and purchase order, a provision requiring the subcontractor, equipment lessor or supplier, to consent to the assignment of their Subcontract to the OWNER and to agree to the greatest extent possible to cooperate with the OWNER, (e) Assist OWNER, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by OWNER under the Contract; and (f) Complete performance of any work that is not terminated. 8 3) Upon any such termination, OWNER will pay to CONTRACTOR an amount determined in accordance with the following (without duplication of any item): (a) All amounts due and not previously paid to CONTRACTOR for work completed and accepted in accordance with the Contract prior to such notice, and for work thereafter completed as specified in such notice. (b) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders as provided above. (c) The verifiable costs incurred as set forth above. (d) Any other reasonable costs which can be verified to be incidental to such termination. 4) The foregoing amounts will include a reasonable sum, under all of the circumstances, as profit for all work satisfactorily performed by CONTRACTOR. 5) CONTRACTOR shall submit within thirty (30) days after receipt of notice of termination, a proposal for an adjustment to the contract price including all incurred costs described herein OWNER shall review, analyze, and verify such•proposal, and negotiate an equitable adjustment, and the Contract shall be amended in writing accordingly. SECTION XVI—MISCELLANEOUS 1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, each party shall bear its own attorney fees. 2) Waiver. The waiver by OWNER of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3) Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4) Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5) Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 9 6) Assignment This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7) Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8) Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law,to include,to (a) Keep and maintain public records that ordmanly and necessanly would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Flonda's Public Records law or as otherwise provided by law (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authonzed by law (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records m possession of CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. SECTION XVII- CONTRACT DOCUMENTS The Contract Documents, as stated in the Instructions to Bidders and herein made a part, are as fully a part of this Contract as if herein repeated. Document Precedence: 1) Contract Agreement 2) Specifications for RFB 16-008 Westside Water Main Loop, including all addenda. 3) All documents contained in RFB No. 16-008 Westside Water Main Loop and CONTRACTOR's response thereto including all addenda, the Instructions to Bidders and proposal guarantee, if any. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this oV qday of GLLi,.!^y 2016. City of Clermont . > / £ - „Gail-L-..,Ash, Mayor Attest 4,�,��•r:`° ', kTracy_Ackroyd Howe, City Clerk Young's Communi•. on Co , E c. By. — L Signature / c9Cig– a/A �(-eSlalcn I- (Name/Title Prmte or Tg+ed) A.. ,Attest.j)- ,7';4 '„ .s. 1 cl, t°t 1. ,GF ;;11,,,, / /1 tz�� , 1.Corpoate Secretary vW ,,,P5 �t•'J , Ybt ithi (Name'Pnnted or Typed) 11 EXHIBIT A SECTION—C PRICE SCHEDULE Respondents must bid both HDPE (base bid) and PVC (alternate bid)for the horizontal directionally drilled (HDD) and pipe bursting portions of the water main piping. The City will decide which piping is to ultimately be used. All piping must be bid as the same type of piping for the trenchiess installations (HDD and pipe bursting). _HDPE piping is the base bid for which a minimum 14-inch nominal diameter DR-11 piping must be used whenever the piping is identified as a 12-inch pipe on the plans to maintain the necessary system hydraulics. All reducing fittings to connect to piping and valves are to be Included In the bid costs. PVC piping is listed as the alternate bid. All cost information is to be provided for both piping materials. NOTES: 1. REFER TO SECTION 01026 FOR ADDITIONAL DESCRIPTION OF ITEMS. 2. SUBSTANTIAL COMPLETION TIME AND PROJECT CLOSEOUT TIME FOR THE CONTRACT SHALL BE AS DEFINED IN THE PROJECT SCHEDULE IN THE SUPPLEMENTARY GENERAL CONDITIONS. 3. THE CONTRACT SHALL BE BASED UPON THE TOTAL BASE BID (OR ALTERNATE 1)FOR ITEMS 1 THROUGH 26. 4: UNIT PRICE PREVAILS OVER TOTAL PRICE. All entries on this form must be typed or written in block form in Ink. Quantities provided are for information purposes. LS =Lump Sum LF=Linear Feet SY=Square Yard EA= Each Westsicie Water Main,L oop L.N. „ Description Qty- U.ri!t Unit E_x_tenelelt 1.0 Mobilization, Demobilization, and 1 LS Permits $286,656.00 2.0 Preconstiuction Audio-Video Documentation 1 LS $5,295.00 3.0 Indemnification 1 LS $100.00 4.0 Project Record Documents 1 LS $60,570.00 5.0 Maintenance of Traffic 1 LS $54,316.00 6.0 Abandon-in-Place Pipe(various sizes) 1 LS $49,583.00 7.0 12"DR-18 PVC Water $67 Main 2,031 LF .00 $136,077.00 RFS Na 18-008 -Page 14 of 58 SECTION-C PRICE SCHEDULE 8.0 Ductile Iron Fittings(various) 8.1 12"x12"Tee 13 EA $781.00 $10,153.00 8.2 12'x10"Tee 2 EA $735.00 $1,470.00 8.3 12'x8"Tee 12 EA $653.00 $7,836.00 8.4 12'x6"Tee 26 EA $655.00 $17,030.00 8.5 12'x4"Tee 1 EA $590.00 $590.00 8.6 8"x8"Tee 2 EA $481.00 $962.00 r 8.7 8'x6"Tee 1 EA $419.00 $419.00 8.8 6'x8"Tee 1 EA $352.00 $352.00 8.9 12"x6"Reducer 5 EA $349.00 $1,745.00 8.10 12"x 8"Reducer 2 EA $371.00 $742.00 8.11 8"90°Bends 1 EA $307.00 $307.00 8.12 12"45° Bends 37 EA $343.00 $12,691.00 8.13 10"45°Bends 2 EA $478.00 $956.00 8.14 8"45° Bends 20 EA $292.00 $5,840.00 8.15 6"45° Bends 36 EA $227.00 $8,172.00 8.16 4"45°Bends 2 EA $175.00 $350.00 8.17 6"22.5° Bends 1 EA $222.00 $222.00 8.18 12"22.5° Bends 5 EA $445.00 $2,225.00 8.19 12"11.25' Bends 6 EA $470.00 $2,820.00 9.0 DIP Water Main(various sizes) 9.1 12"DIP 300 LF $230.00 $69,000.00 9.2 8"DIP 100 LF $164.00 $16,400.00 RFB No:16-008 Page 15 of 6B SECTION—C PRICE SCHEDULE 9.3 6"DIP 60 LF $172.00 $10,320.00 10.0 24"Jack and Bore Casing with Carrier Pipe 110 LF $484.00 $53,240.00 11.0 HDPE Directional Drill 11.1 4"Directional Drill HDPE Water Main 44 LF $68.00 $2,992.00 11.2 6"Directional Drill HDPE Water Main 78 LF $101.00 $7,878.00 11.3 12"Directional Drill HDPE Water Main 16,132 LF $89.25 $1,439,781.00 12.0 Pipe Burst Existing 12"AC Water Main $ 15 LF $162.00 $844,830.00 with HDPE '2 13.0 Gate Valve with Box 13.1 8"Gate Valve with Box 20 EA $833.00 $16,660.00 13.2 8"Gate Valve with Box 9 EA $1,205.00 $10,845.00 13.3 10"Gate Valve with Box 2 EA $1,723.00 $3,446.00 13.4 12"Gate Valve with Box 56 EA $2,055.00 $115,080.00 14.0 Tapping Sleeve and Valve Assembly 14.1 12"x 6"Tapping Sleeve and Valve 3 $2,696.00 $8,088.00 EA Assembly 14.2 12"xxm�apping Sleeve and Valve $3,424.00 $3,424 1 EA 12"x 12"Tapping Sleeve and Valve $5,552.00 $5,552.00 14.3manly i EA 16.0 Cut-In Connection to Existing Water Main 15.1 6"Cut-In Connection 3 EA $11,268.00 $33,804.00 15.2 8°Cut-in Connection 2 EA $25,042.00 $50,084.00 15.3 12"Cut-in Connection 1 EA $4,321.00 $4,321.00 RFB No:16.008 Page 16 of 58 SECTION—C PRICE SCHEDULE 16.0 2"Combination Air Release Valve In 10 $8,503.00 $85,030.00 Manhole 17.0 Fire Hydrant Assemblies 15 EA $2,837.00 $42,555.00 16.0 Reconnect Existing Fire Hydrant Assembly 25 EA $1,518.00 $37,950.00 19.0 Water Service Removal and Replacement 234 EA $924.00 $216,216.00 20.0 2"DR-11 HDPE Rber Conduit 7,378 LF $2.50 $18,445.00 21.0 PMI Boxes for Fiber Conduit 12 EA $1,085.00 $13,020.00 22.0 Llnestops J 22.1 6"LInestop 8 EA $2,886.00 $23,088.00 22.2 6"Unstop 2 EA $3,678.00 $7,356.00 22.3 12'Llnestop 1 EA $4,897.00 $4,897.00 23.0 6"InsertaVahro Allowance 2 EA $6,394.00 $12,788.00 24.0 8"InsertaVahre Allowance 2 EA $10,683.00 $21,366.00 25.0 12"InsertaVahre Allowance 2 EA $12,747.00 $25,494.00 Total Base Bld For Complete Project: (Items :I-25) (Words)Three Million Eight Hundred Seventy One Thousand Four Hundred Twenty Nine Dollars and Zero Cents (Figures) $ 3,871,429.00 Contractor's Days to Substantial Completion; 365 Calendar Days. Not to exceed:Three Hundred Sbcbr-Fere(365)Calendar Days From Notice To Proceed To Substantial Completion. Final Completion Not To Exceed Thirty(30) Calendar Days Thereafter. RFB No:18-008 Page 17 of 58 SECTION—C PRICE SCHEDULE Bid Alternate 1 for PVC Piping L. N Description Qty Unit Unit Price Extended ' 11.1a 4'Di = ro nal Drill PVC Water Main 44 LF $54.00 $2,376.00 11.2a 6'Directional Drill PVC Wafer Main 78 LF $54.50 $4,251.00 11.3a 12'Directional Drill PVC Water Main 16,132 LF $91.00 $1,468,012.00 12.Oa Pipe Burst Fisting 12'AC Water Main with 5,215 LF $242.00 $1,262,030.00 Alteinate 1 total #2'13‘,66.q.o0 ADDITIVE •R DEDUCTIVE (Circle one) By signing below,the respondent agrees to al terms,conditions,and specifications as stated in this solcB1Non,end b acthg In an authorized capacity to execute this response.The respondent also certifies that It can end will provide and make amiable,ata minimum,the Items set forth In this acilcitation. Respondent Information and Signature Company Name Esq: Young's Communications Co., Inc. Street Address: 424 West Drive Melbourne Fl. 32904 Mailing Address(If : Telephone: 321 723-6025 Fax (321)723-3743 Email: syoung@ cominc.com Payment Tann: % days,net FEIN: - 591398816,Ar Professional.License No.: CUC057425 Sure: ifflr Data Dec. 17,2015 Print Name: Steve ng : President Does the respondent accept payment using the qty's MASTERCARD? 0 Yes El No END OF SECTION—C RFB No:18.008 Page 18 of 58 FREDDY L. SUAREZ Purchasing Director CLENi Purchasing Deparbnent 352-241-7350 Choice of Champions' fsuarezaiclermontfl.org ADDENDA 1 —NOVEMBER 10,2015 RFB 16-008—WESTSIDE WATER MAIN LOOP To all prospective respondents.please note the following chancres: Change to Section D—Evaluation Process, Minimum Qualifications, Page 19 of 58 of RFB. ADD the following: • Prime Contractor Qualifications — Respondent shall supply a list of five (5) similar projects successfully completed as a Prime within the last ten(10)years. Each respondent shall submit within seven (7)days of City's request,the qualifications to perform the work as stated herein. Additional qualifications are required from the HDD subcontractor and the pipe bursting subcontractor within the technical specifications fisted in the Project Manual. • References must accompany each project experience submitted with a detailed project description and contact information. • The City reserves the right to reject any response which does not meet the qualifications stated herein to the City's satisfaction. Change to Project Manual: Specification Section 02886—Pipe Bursting of Pressure Mains, Paragraph 1.02.A. DELETE Paragraph 1.02A in its entirety and REPLACE with the following paragraph 1.02.A. 'A. The Contractor shall provide qualifications to the City as evidence of competency and authority to perform pressure main pipe bursting. The qualifications shall minimally include the following: 1. A minimum of 3 projects in the State of Florida within the last 5 years to include successful replacement of a minimum of 25,000 linear feet of asbestos cement pipe with pre-chlorinated water pipe. Experience must be with the use of a static pipe bursting system with evidence of a minimum 8-inch diameter pipe project installed for a public municipality. 2. Pipe Bursting Certification: The Contractor shall be trained by the pipe bursting equipment manufacturer in the use of the equipment. RFB 16-008,Addenda 1 Page 2 of 2 3. Thermal Fusion Training: The Contractor shall be trained by the thermal fusion equipment manufacturer in the use of the equipment for thermal butt fusion of high- density polyethylene(HDPE)pipe. 4. Underground Utility License: The Contractor shall be licensed by the State of Florida as a Certified Underground Utility Contractor.° END OF ADDENDA I This addenda must be acknowledge and may be returned with your solicitation. All other terms,conditions and specifications remain unchanged for RFB 16-008. Young's Communi ons , Inc. Dec. 17.2015 Name("Company Date President Signature 7 Title Steve Young Typed/Printed Name 685 W. Montrose Street • Clermont, FL 34711 • www.ClermontFL.gov 6 , FREDDY L. SUAREZ I Purchasing Director Purchasing Department CLER . Chloe of CF�am 352-241-7350 Pte' fsuarez@dermontfl.org ADDENDA 2-DECEMBER 2, 2015 RFB 16-008-WESTSIDE WATER MAIN LOOP To all prospective respondents,please note the following changes: See next page. END OF ADDENDA 2 This addenda must be acknowledge and may be returned with your solicitation. All other terms,conditions and specifications remain unchanged for RFB 16-008—WESTSIDE WATER MAIN LOOP. Young's Communi ons Co. nc. 12/17/2015 Name d Company Date tPresident Signature "7 Tse Steve Young Typed/Printed Name 685 W. Montrose Street Clermont, FL 34711 www.ClermontFLgov r • ACGR CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 1/21/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER NAMEACT Angie Desormeaux Bowen, Miclette&Britt of Florida LLC PHONE 407-647-1616 FAX 407-628-1635 1020 N Orlando Avenue Suite 200 (A/C.No Fat) (A/C.NO) Maitland FL 32751 E-MAIL �Ress,certificates@bmbinc corn INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Amerisure Insurance Company 19488 INSURED YOUNGSCOMM INSURER B Young's Communications Co, Inc INSURER C 424 West Drive Melbourne FL 32904 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 1193005311 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL20979290001 8/1/2015 8/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person)_ $5,000 PERSONAL 8 ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER $ A AUTOMOBILE LIABILITY Y Y CA20712000501 8/1/2015 8/1/2016 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTS OWNED SCHEDULEDTUL OSBODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ A X UMBRELLA LIAB X OCCUR Y Y CU20712020501 8/1/2015 8/1/2016 EACH OCCURRENCE $8,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $8,000,000 DED X RETENTION$0 $ A WORKERS COMPENSATION Y WC204720809 8/1/2015 8/1/2016 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Clermont and Tetra Tech, Inc,are added as an additional insured with respect to the general liability,to include ongoing and completed operations,as afforded by the policy and/or endorsements See Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Clermont ACCORDANCE WITH THE POLICY PROVISIONS 685 W Montrose Street Clermont FL 34711 AUTHORIZED REPRESENTATIVE (� ©1988-2014 ACORD CORPORATION All rights reserved ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID YOUNGSCOMM LOC# AccoRD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen, Miclette&Britt of Florida LLC Young's Communications Co, Inc 424 West Drive POLICY NUMBER Melbourne FL 32904 CARRIER NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE CERTIFICATE OF LIABILITY INSURANCE The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance The terms contained in the policies and/or endorsements supersede the representations made herein Electronic copies of the policy provisions and/or endorsements listed below are available by emailing certificates@bmbinc corn ACORD 101 (2008/01) ©2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD i THIS ENDORSEMENT CHANGES,THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy NumberAgency Number Policy Effective Date GL2097929 08-01-2015 Policy Expiration Date Date Account Number 08-01-2016 07-23-2W5 Named Insured Agency Issuing Company Young's Communications Co,Inc Bowen,Miclette&Britt of Florida,LI C Amensure Insurance Company 1. a. SECTION II-WHO IS AN INSURED is amended to add as an insured any person or organization (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating toyouur business,or (2) Who is named as an additional insured under this policy on a certificate of insurance b. The written contract, written agreement, or certificate of insurance must (1) Require additional insured status for a time period during the term of this policy, and (2) Be executed prior to the"bodily injury", "property damage", or"personal and advertising injury"leading to a claim under this policy ' c. If, however (1) "Your work' began under a letter of intent or work order, and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work,and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds, we will provide additional insured status as specified in this endorsement 2. SECTION II -WHO IS AN INSURED is amended to add the following If the additional insured is a. An individual, their spouse is also an additional insured b. A partnership or joint venture, members, partners, and their spouses are also additional insureds c. A limited liability company, members and managers are also additional insureds d. An organization other than a (1)Partnership, (2)Joint venture or (3) Limited liability company, executive officers and directors of the organization are also additional insureds Stockholders are also additional insureds, but only with respect to their liability as stockholders e. A trust, trustees are also insureds, but only with respect to their duties as trustees Includes copyrighted material of Insurance Services Office, Inc CG 70 48 09 13 Pages 1 of 3 3. The insurance provided under this endorsement is limited as follows a. That person or organization is an additional insured only with respect to liability arising out of (1) Premises you (a)Own, (b)Rent, (c)Lease, or (d)Occupy or (2) Ongoing operations performed by you or cn your behalf If, however, the written contract, written agreement, or certificate of insurance also requires completed operations coverage, we will also provide completed operations coverage for that additional insured b. Premises, as respects paragraph 3.a.(1)above, include common or public areas about such premises if so required in the written contract or written agreement c. Additional insured status provided under paragraphs 3.a.(1)(b)or 3.a.(1)(c)above does not extend beyond the end of a premises lease or rental agreement d. Ongoing operations, as respects paragraph 3.a.(2) above, does not apply to"bodily injury"or'property damage"occurring after (1) All work to be performed by you or on your behalf for the additional insured(s)at the site of the covered operations is complete, including related materials, parts or equipment(other than service, maintenance or repairs), or (2) That portion of"your work'out of which the injury or damage anses is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project e. The limits of insurance that apply to the additional insured are the least of those specified in the (1) Written contract, (2) Written agreement (3) Certificate of insurance,or (4) Declarations of this policy The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations f. The insurance provided to the additional insured does not apply to"bodily injury", "property damage" or "personal and advertising injury"arising out of an architect's, engineer's, or surveyors rendering of, or failure to render, any professional services, including but not limited to (1) The preparing approving, or failing to prepare or approve (a) Maps, (b)Drawings, (c)Opinions, (d)Reports, (e)Surveys, (f)Change orders, (g)Design specifications, and (2) Supervisory, inspection or engineering services Includes copyrighted material of Insurance Services Office, Inc Page2of3 CG70480913 g. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether a. Primary, b.Excess, c. Contingent,or d.On any other basis, unless the written contract, written agreement, or certificate of insurance requires this insurance be primary In that case this insurance will be primary without contribution from such other insurance available to the additional insured h. If the written contract,written agreement, or certificate of insurance as outlined above requires additional insured status by use of CG 20 10 11 85, then the terms of that endorsement, shown below, are incorporated into this endorsement to the extent such terms do not restrict coverage otnerwise provided by this endorsement ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization Blanket Where Required by Written Contract Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED(Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work"for that insured by or for you Copyright, Insurance Services Office, Inc, 1984 CG 2010 11 85 i. If the written contract,written agreement, or certificate of insurance as outlined above requires additional insured status by use of an Insurance Services Office(ISO) endorsement, then the coverage provided under this CG 70 48 endorsement does not apply Additional insured status is limited to that provided by the ISO endorsement Includes copyngnted material of Insurance Services Office, Inc CG70480913 Pages3of3