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2016-32 CONTRACTOR AGREEMENT THIS AGREEMENT,made and entered into this 10-r+1"day of faa,Ce 2016, A D , by and between the City of Clermont, 685 W Montrose Street, Gle^mont, Florida (hereinafter referred to as "OWNER"), and A C Schultes of Florida, Inc (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 16-027 Sunburst Water Treatment Plant Lower Flondan Aquifer Wells 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 as set forth in the contract documents and the Unit Price Schedule, attached hereto and incorporated herein as Exhibit"A", in lawful tender of the United States,the total contract sum of TWO MILLION, NINETY-EIGHT THOUSAND, SIXTY DOLLARS AND 00/100 CENTS ($2,098,060.00) SECTION III—COMMENCEMENT AND COMPLETION OF WORK 1) The CONTRACTOR shall commence work within 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 Two Hundred Seventy (270) calendar days, unless the period for completion is extended otherwise by the amendment or change order to the Contract Substantial Completion as provided herein shall be the day the project or designated portion thereof is certified and accepted by the OWNER as sufficiently complete, in accordance with the Contract Documents 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 1 contained in the 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 or 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 matenal 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 covenng said work shall not operate as a waiver by the OWNER of stnct compliance with the terms of this Contract and/or the Drawings and Specifications covenng said work, and the OWNER may require the CONTRACTOR and/or his Surety to repair,replace,restore and/or make to comply stnctly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or matenals which within a penod of one year from and after the date of the passing, approval, and or acceptance of any such work or matenal, 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 matenals or equipment normally expected to detenorate 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 matenals 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 stnctly and in all things with this Contract and/or his failure to comply stnctly and in all things with this Contract and with the Drawings and Specifications 4) If required, As-built drawings and 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, authonzed representative acceptable to OWNER to represent and act for CONTRACTOR and shall inform OWNER in wnting, of the name and address of such representative together with a clear definition of the scope of his authonty to represent and act for CONTRACTOR and shall specify any and all limitations of such authonty At the Pre-construction Conference, CONTRACTOR shall provide resumes of key personnel for OWNER's approval 2 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 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 nght to remove the CONTRACTOR's representative from the project for inappropnate 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 wntmg 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 3 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 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 third (3rd) day of each calendar month for work performed during the preceding calendar month Upon CONTRACTOR'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 payment invoice by the OWNER 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, including any retainage amount, on account of this Contract 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 NINE HUNDRED DOLLARS ($900 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 4 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 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 matenals, 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 ansing 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 junsdiction thereof SECTION XI—INSURANCE AND INDEMNIFICATION RIDER 1) Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain dunng 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 Flonda 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 5 2) Contractor's Public Liability and Property Damage Insurance-The Contactor shall take out and maintain dunng 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 anse from operating under this Agreement whether such operations are by itself or by 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 Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis 3) Subcontractor's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subcontractors to procure and maintain dunng 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 Coverages - The CONTRACTOR's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverage 6) Contractual Liability Work Contracts - The Constractor'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, ADG and Ajax Building Corporation and its agents and employees from and against all claims,damages, losses and expenses, including but not limited to attorney's fees, ansing out of or resulting from the performance of the Work, provided that any such claim, 6 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 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,ADG and Ajax Building Corporation 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 8) Builder's Risk Coverage -The CONTRACTOR shall take out and maintain during the life of this Agreement a"Builder's Risk Policy"completed value form,issued to provide coverages on an "all risk" basis including theft This coverage shall not be lapsed or canceled because of partial occupancy by the OWNER prior to final acceptance of the Project The OWNER may elect to take out and maintain this insurance coverage Should the OWNER purchase said insurance,the insurance policy shall have a deductible for each occurrence of$5,000 00 The CONTRACTOR shall be responsible for losses up to the amount of the deductible 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 nght, 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 writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid,or by nationally recognized overnight courier service to 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 A C Schultes of Florida, Inc 11865 US Hwy 41 South Gibsonton, FL 33534 Attn Gregory Schultes, Vice President OWNER City of Clermont Attn Darren Gray, City Manager 685 W Montrose Street Clermont, FL 34711 SECTION XV—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 8 4) Amendment Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in wasting 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 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 ordinarily 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 Florida'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 authorized by law (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in 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 (e) If Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor's duty to provide public records relating 9 to this Contract, Contractor shall contact the City's custodian of public records at City Clerk's Office, (352) 241-7331 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) Technical Plan and Specifications 3) All documents contained in RFB No 16-027 — Sunburst Water Treatment Plant Lower Flond an Aquifer Wells, including any all addenda or amendments thereto and CONTRACTOR's Apnl 7, 2016 response thereto 4 Instructions to Bidders 5 Drawings 6 Payment and Performance Bonds IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this_/D day of AR)/ 2016 City of Clermont Gail L Ash , Mayor Attest Tracy Ackro • owe, City Clerk )' a ` ' 'r , f " C :'fpd 6Pk►ew46q'�s5^ 10 A C Schulte of Flonda, By 11.1.. I_ Gr-gory SP. u , , Vice_President/ Attest .` Q Co •s'.to Secretary +1,01�O'I�dI�Td] �J`ePnnted or-Typed) v``� �%��'s• waD 4, •:R rye,jr �`� Ili i > <j]� . .1 h • 5 yy� 11 EXHIBIT A SECTION—C PRICE SCHEDULE NOTE: By signing this form, the respondent fully acknowledges that there will be no additional compensation (no overhead, no anticipated profits, etc) other than the unit pnce of the items times the number of items authonzed,ordered,placed,and accepted by the City' Respondent submits the following pnces to perform all the work as required by the specifications LS=Lump Sum LF=Linear Feet SY=Square Yard EA=Each CY=Cubic Yard Map=Drainage Improvements 11.139 Description Quantity L11IBI Aff33 Dollar Amount 0 1 Mobilization/Demobilization(Not to 1 LS 209,800 00 exceed 10-percent of total base bid) 2 General Requirements(Not to exceed 5- 1 LS 104,900 00 percent of total base bid) 3 Indemnification 1 LS 1,000.00 4 Sitework(for two sites) 1 LS 30,000 00 Exploratory Test/Production Well(LFETW-1) 5 Surface Casing(48-inch,black steel), 235 LF 105.00 24,675 00 Installed 6 Conductor Casing(40-inch, black steel), 375 LF 95 00 35,625 00 Installed 7 Intermediate Casing(32-inch,black 650 LF 75.00 48,750 00 steel), Installed 8 Final Well Casing(24-inch,black steel), 1,250 LF 35 00 43,750 00 Installed 9 Cement Grout,Installed 272 CY 200 00 54,400.00 10 Limestone Gravel, Installed 55 CY 150 00 8,250 00 11 Pilot Hole Dnlhng(minimum 10-inch) 1,800 LF 233 00 419,400.00 12 Open Hole Dnlling(23-inch) 350 LF 175 00 61,250.00 13 Geophysical Logging 1 1 LS 12,500 00 12,500 00 14 Geophysical Logging 2 1 LS 12,500 00 12,500 00 15 Video Logging 1 1 LS 2,500 00 2,500 00 RFB No 16-027 Page 14 of 58 SECTION—C PRICE SCHEDULE 16 Install and Remove Discharge Piping and 1 LS 7,500 00 7,500 00 Appurtenances 17 Well Development 50 HRS 150 00 7,500 00 18 Step Drawdown Test 4 HRS 150 00 600 00 19 Geophysical Logging 3 1 LS 12,500 00 12,500 00 20 Video Logging 2 1 LS 2,500 00 2,500.00 21 Inflatable Packer Testing 4 EA 20,000 00 80,000 00 Baroc lug Pilot Bore hole with Cement 8 CY 220 00 1,760 00 23 Geophysical Logging 4 1 LS 12,500 00 12,500 00 24 Video Logging 3 1 LS 2,500 00 2,500 00 25 Well Disinfection&Bactenological Testing 1 LS 5,000 00 5,000 00 26 Plumbness and Alignment Test 1 LS 1,500 00 1,500 00 27 Well Flange Cap 1 LS 1,000 00 1,000 00 TestlProductlon Well(LFTPW-2) 28 Surface Casing(48-inch,black steel), 235 LF 105 00 24,675 00 Installed 29 Conductor Casing(40-inch,black steel), 375 LF 95.00 35,625 00 Installed 30 Intermediate Casing(32-inch,black 650 LF 75 00 48,750 00 steel),Installed 31 Final Well Casing(24-inch, black steel), 1,250 LF 35 00 43,750 00 Installed 32 Cement Grout,Installed 272 CY 200 00 54,400 00 33 Limestone Gravel, Installed 55 CY 150 00 8,250 00 34 Pilot Hole Dnlling(minimum 10-inch) 1,600 LF 233 00 372,800 00 35 Open Hole Dnlling(23-inch) 350 LF 175 00 61,250 00 36 Geophysical Logging 1 1 LS 12,500 00 37 Geophysical Logging 2 1 LS 12,500.00 RFB No 16-027 Page 15 of 58 SECTION—C PRICE SCHEDULE 38 Video Logging 1 1 LS 2,500 00 39 Install and Remove Discharge Piping and 1 LS 7,500 00 Appurtenances 40 Well Development 50 HRS 150 00 7,500 00 41 Step Drawdown Test 4 HRS 150 00 600.00 42 Geophysical Logging 3 1 LS 12,500 00 43 Video Logging 2 1 LS 2,500 00 44 Inflatable Packer Testing 2 EA 20,000 00 40,000 00 45 Geophysical Logging 4 1 LS 12,500 00 46 Video Logging 3 1 LS 2,500 00 47 Constant Rate Discharge Test 168 HRS 150 00 25,200 00 48 Well Disinfection&Bactenological Testing 1 LS 5,000 00 49 Plumbness and Alignment Test 1 LS 1,500 00 50 Well Flange Cap 1 LS 1,000 00 Existing Potable Supply Wells(GH-1 &GH-2) 51 GH-1 Existing and Test Pump 1 LS 15,000.00 Removal/Installation 52 GH-1 Install and Remove Discharge Piping 1 LS 12,500 00 and Appurtenances 53 GH-1 Well Development 8 HRS 150 00 1,200 00 54 GH-1:Geophysical Logging 1 LS 12,500.00 55 GH-1.Video Logging 1 LS 2,500 00 56 GH-1 Step Drawdown Test 4 HRS 150 00 600 00 57 GH-1 g ell Disinfection&Bacteriological 1 LS 5,000 00 tin58 GH-2 Existing and Test Pump 1 LS 15,000 00 Removal/Installation 59 GH-2 Install and Remove Discharge Piping 1 LS 12,500 00 and Appurtenances RFB No 16-027 Page 16 of 58 1 SECTION —C PRICE SCHEDULE 60 GH-2 Well Development 8 HRS 150 00 1,200 00 61 GH-2 Geophysical Logging 1 LS 12,500 00 62 GH-2 Video Logging 1 LS 2,500 00 63 GH-2 Step Drawdown Test 4 HRS 150 00 600 00 GHs-2 g ell Disinfection&Bacteriological64 1 LS 5,000 00 TeTotal Base Bid Price (Sum of Items 1 Through 64) (Words) Two Million,Ninety-Eight Thousand, Sixty Dollars (Figures) $ 2,098,060 00 Contractor's Days to Substantial Completion- 270 Calendar Days. Not to exceed. Two-Hundred Seventy(270) Calendar Days from Notice To Proceed To Substantial Completion. Final Completion Not To Exceed Thirty(30) Calendar Days Thereafter. RFB No 16-027 Page 17 of 58 SECTION-C PRICE SCHEDULE By signing below,the respondent agrees to all terms,conditions,and specifications as stated in this solicitation,and is acting in an authorized capacity to execute this response The respondent also certifies that it can and will provide and make available,at a minimum,the items set forth In this solicitation Respondent Information and Signature Company Name(print) A C Schultes of Florida, Inc Street Address 11865 US Hwy 41 South Gibsonton FL 33534 Mailing Address(if different) Telephone 813-741-3010 Fax 813-741-3170 Email greg acsfl@venzon net Payment Terms °k days,net FEIN 14 - 1871186 / Professional License No CGC1516532/9377 Signature Date 04/07/2016 Print Name AM, Title Vice President Nov Does the respondent accept payment using the City's MASTERCARD? 0 Yes 0 No END OF SECTION-C RFB No 16-027 Page 18 of 58 TRANSMITTAL LETTER A. C. Schultes of Florida, Inc. 11865 US Hwy 41 S Gibsonton, FL 33534 •C. Schultes Phone 813 - 741 - 3010 Fax 813 - 741 - 3170 irJFLU1E "V EFF1L.113 T QUER 9O YEARg EBT 1 921 �- To: City of Clermont Attention: Freddy Suarez 685 W Montrose St Re: Payment & Performance Bonds Clermont FL 34711-2119 Job Number: F0177 WE ARE SENDING YOU: ®Attached 0 Under separate cover via the following. COPIES DATE #of Pgs. DESCRIPTION 1 ea 5/18/16 Payment&Performance Bonds THESE ARE TRANSMITTED as checked below: ❑For Approval 0 Approved as submitted 0 Resubmit copies for approval ®For your use 0 Approved as noted 0 Submit copies for distribution ❑As requested 0 Returned for corrections ❑Return approved copies ❑For review/comment 0 Other COPY TO: File Signed: �-- If enclosures are nota . e#, kindly notify us at once SECTION — K BONDS PERFORMANCE BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH LABOR AND MATERIAL PAYMENT BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT BOND # 58735805 KNOW ALL MEN BY THESE PRESENTS A C Schultes of Florida, Inc - 11865 Highway 41 South, Gibsonton, FL 33534 (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and Western Surety Company - 333 S Wabash Avenue, Chicago, IL 60604 (Full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont, as Obligee, hereinafter called OWNER, in the amount of Two Million Ninety Eight Thousand Sixty---00/100 (Dollar Amount in Words) /Q 2,098,060 00 (Dollar Amount in Numbers) (Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, CONTRACTOR has by written Agreement dated , entered into a Contract Bid No 16-027, Sunburst Water Treatment with OWNER for Plant Lower Floridan Aquifer Wells in accordance with Drawings and Specifications prepared by for the OWNER, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly and faithfully perform said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the OWNER Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, in accordance with Section 255 05, Florida Statutes, or shall promptly, RFB No 16-027 Page 38 of 58 SECTION — K BONDS 1 ) Complete the Contract in accordance with its terms and conditions or within sixty (60) calendar days 2 ) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or if the OWNER elects, upon determination by the OWNER and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR 3 ) Upon termination of the Contract by the OWNER due to the CONTRACTOR'S failure to perform under the conditions herein set forth in the Contract, the OWNER may without prejudice to any right or remedy and after giving the CONTRACTOR and his Surety if any, seven (7) days written notice, terminate the employment of the CONTRACTOR, and take possession of the site and all of the materials, equipment, tools, construction equipment, and machinerythereon owned by the CONTRACTOR and may finish the work by whatever method he may deem expedient In such case the CONTRACTOR shall not be entitled to receive any further payment until the work is finished 4 ) A claimant, except a laborer, who is not in privity with the Principal and who has not received payment for his labor, materials or supplies shall, within 45 days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to the bond for protection, and 5 ) A claimant who is not in privity with the Principal and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of materials or supplies, deliver to the Principal and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment 6 ) Other than a suit by OWNER, no action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies No right of action shall accrue on this bond to or for the use of any person or corporation other than the OWNER named herein or the heirs, executors, administrators or successors of the OWNER RFB No 16-027 Page 39 of 58 SECTION — K BONDS THE FOREGOING PERFORMANCE BOND WAS SIGNED AND SEALED THIS 13th DAY OF May 2016 ° ,H !fir~ r A C Schultes of Florida, Inc yrs W Q� t '1 ` .. (Principal) (Seal)40107 -/clit% 11.1 re' ess nl M�rl`I k,Qd'eJmc`- `J By • �® 'f�lllEli 11l1�++��jet anual ,natur- e natur-P ' si dent (Title) Western Surety Company (Surety) (Seal) fisk(W�n s) Theresa Bassett, Witness By _ -, 4'nual Signatur- Daniel P Dunigan, Attorney in Fact (Title) Non Resident License #W190091 (Resident Agent as Attorney-in-Fact) (Witness) 2 Paoli Office Park (Address) Paoli, Pa 19301 610-727-5300 4�c6ob�,kyd LUPE fir©cif, rr? ane (Telephone Number) - -� .(/�c t,G;4-�-> " F ••� U 6? .t„f vn, :144S1'4V p y�1 Power of Attorney attached hereon ® p a 11%' c g,p• ....• s , t RFB No 16-027 Page 40 of 58 SECTION — K BONDS LABOR AND MATERIAL PAYMENT BOND BOND # 58735805 THIS BOND IS ISSUED SIMULTANEOUSLY WITH THE PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS That A C Schultes of Florida, Inc - 11865 Highway 41 South, Gibsonton, FL 33534 (Full name and address or legal title of CONTRACTOR) as Principal, hereinafter called CONTRACTOR, and Western Surety Company - 333 S Wabash Avenue, Chicago, IL 60604 (Full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Clermont as Obligee, hereinafter called OWNER, in the amount of Two Million Ninety Eight Thousand Sixty---00/100 (Dollar Amount in Words) ($ 2,098,060 00 ) (Dollar Amount in Numbers) (Sum equal to 100 percent of Contract amount) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, Principal has by written Agreement dated , entered into a Contract with Bid No , 16-027, Sunburst Water Treatme t Plant OWNER for the construction of ... in accordance with Drawings and Specifications prepared by for the OWNER, which contract is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however to the following conditions in accordance with Section 255 05, Florida Statutes 1 ) A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water,gas, power, light, heat, oil, gasoline,telephone service or rental of equipment directly applicable to the Contract RFB No 16-027 Page 41 of 58 SECTION — K BONDS 2 ) The above-named Principal and Surety hereby jointly and severally agree with the OWNER that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90) days after the date on which he last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon The OWNER shall not be liable for the payment of any costs or expenses of any such suit 3 ) Other than the OWNER, no suit or action shall be commenced hereunder by any claimant a ) Unless claimant, other than one having a direct contract with the Principal shall have given written notice to any two of the following The Principal, the OWNER, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, OWNER or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer b ) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law c ) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere d ) A claimant, except a laborer, who is not in privity with the Principal and who has not received payment for his labor, materials or supplies shall, within 45 days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to the bond for protection, and e ) A claimant who is not in privity with the Principal and who has not received payment for his labor, materials or supplies shall, within 90 days after performance of the labor or after complete delivery of materials or supplies, deliver to the Principal and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment RFB No 16-027 Page 42 of 58 SECTION — K BONDS f) No action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies The amount of this bond shall be reduced by and to the extent of a payment or payments made In good faith hereunder, inclusive of the payment by Surety of mechanics'liens which may be filed or record against said improvement whether or not claim for the amount of such lien be presented under and against this bond THE FOREGOING LABOR AND MATERIAL PAYMENT BOND WAS SIGNED AND SEALED THIS 13th DAY OF May 2016 A C Schultes of Florida, Inc (Principal) (Seal) Iv 1• ness) .eJIYL� By 111111111hamr,a.. 11 \ 461Fri.4. e- ' Q IL (Title) Western Surety Company (Surety) (Seal) iLitd2,i1 (WitAss' Theresa Bassett By __ : 4000.11r _ --, 0'u•/Signal e) Daniel P Dunigan, Attorney in Fact (Title) Non Resident Agent License #W190091 (Resident Agent as Attorney-in-Fact) (Witness) 2 Paoli Office Park Paoli, Pa 19301 (Address) Power of Attorney attached hereon RFB No 16-027 Page 43 of 58 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its pnncipal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Daniel P.Dunigan , Individually of Paoli, PA its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory mstnunents of similar nature -In Unlimited Amounts - Surety Bond No 58735805 Principal A C Schultes of Florida, Inc Obligee City of Clermont and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authonzed officer of the corporation and all the acts of said Attorney,pursuant to the authonty hereby given,are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authonty of the By-Law pnnted on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 1st day of December,2015 WESTERN SURETY COMPANY ▪ Oit j tw▪ o telt') d `SfAyP3 / A�"�` 74— aul T Bniflat,Vice President State of South Dakota ss County of Minnehaha On this 1st day of December,2015,before me personally came Paul T Bniflat,tome known,who,being by me duly sworn,did depose and say that he resides in the City of Sioux Falls,State of South Dakota,that he is the Vice President of WESTERN SURETY COMPANY descnbed m and which executed the above instrument,that he knows the seal of said corporation,that the seal affixed to the said instrument is such corporate seal,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authonty, and acknowledges same to be the act and deed of said corporation. My commission expires MOHR Firmly PUBLIC June 23,2021 SO°7N0Ni__ J Mohr,,,.fo"'tajsPulilrb'•• CERTIFICATE .•y` y"' r� I,L Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney herernabo�eset fortl'i`i still in force,and further certifythat the By-Law of the corporationLir s � y printed on the reverse hereof is still in force In testimony whereof I hags fi4si�unto sub�cnb� • ,�, my name and affixed the seal of the said corporation tills 13th day of May,2016 = z �1y,���✓� ; �.r 'roo, WESTERN SURETY C64/17,•AN4X '4 C 4�P R9r�a i4 *NII0 r 's 44'..or,, cDT. 241.ey L.Nelson,Assistant Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authonty of the following By-Law duly adopted by the shareholders of the Company Section 7 All bonds, policies, undertakings,Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile CHANGE ORDER FORM Purchase Order Number. Bid Number: RFB 16-027 Change Order Number. 4 Change Order Date: 4/27/17 Project Name:Sunburst WTP LFA Wells Department: Job Location:Clermont.Florida VENDOR INFORMATION: Company Name: A.C.Schultes of Florida, Inc. Address: 11865 Highway 41 South City, St.,Zip:Gibsonton.FL 33534 Contact Name: Greg Schultes Telephone:813-741-3010 DESCRIPTION OF CHANGE: Alteration,deviation,addition,or deletion caused by conditions encountered during construction not covered by the specifications end drawings of the project(attach additional pages if necessary). Installation of 60-inch casing to 20 feet BLS;installation of 54-inch casing to estimated depth of up to 80 feet BLS; drilling of 52.5-inch bore hole to approximately 180 feet BLS,at total estimated cost of$72,219.92. Total lump sum cost includes successful installation and grouting of 62-inch casing and 54-Inch casings,and successful preparation of bore hole to total depth for installation of 48-inch casing. Installation of 48-inch casing not included in this change order and will be billed at installed line item cost provided in original bid form(schedule of values). UFA &MUNI A. ORIGINAL CONTRACT VALUE $ 2,098,060.00 B. AMOUNT OF THIS CHANGE ORDER:Coundl approval required if over 15%of contract $ 72,21982 price,not to exceed$49,999 OR if funds are not available in the approved budget for the Deparbnent. C. PERCENT OF CONTRACT VALUE THIS CHANGE ORDER(B/A) % 3.4% D. AMOUNT OF PREVIOUS CHANGE ORDERS: $ 75,352.69 E. TOTAL AMOUNT OF ALL CHANGE ORDERS(B+D) $ 147,572.61 F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS(E/A): 15%Maximum % 7.0% G. NEW CONTRACT VALUE(A+E) $ 2,245,632.61 1 , • - • (• �•,., • 1 1 • I 1 : • , 1 • - • I - mOtyS �'�� 4 / S/Z V/ • '� R Dat 'OJEC /A•' ITECT/ENGINEER Date 3 25 DEPAR ECTOR DatePUR'r•I I. - T.- /CI • • •GER Dat Change Orders over 15%,not to exceed$49,999 of the original contract OR not budgeted,require the following signatures: CITY OF' ERMONT ATTEST.. :�7, i J .7 � -/3-17 Gail L.Ash,Mayor Date Tracy Ackroyd,City Clerk Date Rev.9-29-15 I A.C.Schultes of Florida,Inc. 11865 US Hwy 41 S. Schultes Gibsonton,FL.33534 INFLUENT,TO EFFLUENTd Phone:813-741-3010 Fax:813-741-3170 LFTPW-2 Additional Scope of Work The proposal for the added costs resulting from the additional scope of work required to complete IFTPW-2 is attached. Two additional surface casings,62"and 54",shall be installed in an effort to support the safe installation of the 48"casing to the Engineer and Owner's desired.depth. A subcontractor shall be used to auger drill the boreholes for the two additional surface casings with assistance from A.C.Schultes("ACS"). A 52.5"borehole shall be constructed by an ACS drill rig in an attempt to reach competent soil to land the 48"casing and cement in place. A brief outline of the additional scope of work is as follows: 1. Acquire the material needed to perform the work and prepare for the work. 2. Auger a 66"hole toapproximately20'below ground surface,install 62"casing and cement in place. 3. Auger inside the 62"casing to approximately 60'-80'below ground surface,Install 54"casing, and cement in place. 4. Set up the drill rig to complete a 52.5"borehole to approximately 180'via direct mud rotary, install 48"casing,and cement in place. I L.N. Description Quantity Unit Unit Price Total LFTPW-2-Additional Work 1 48'x 0.375 API 5L B casing(line item 28 In SOV) 180 LF $ - $ - 2 Pilot hole drilling(line item 34 in SOV) 180 LF $ - $ - 3 52.5'Bit(Rental) 1 LS $ 8,500.00 $ 8,500.00- 4 52"stabilizer steel to construct 1 LS $ 986.99 $ 986.99 5 Labor and equipment to handle&remove cuttings(augered holes) 1 Day $ 2,000.00 $ 2,000.00 6 Labor and equipment to install 62"casing and cement in place 1 Day $ 2,500.00 $ 2,500.00 7 Labor and equipment to install 54"casing and cement in place 2 Day $ 2,500.00 $ 5,000.00 8 Cement Grout,Installed 62154/48(use line item 32 In SOV) 31 CY $ - $ - 9 Labor to make up/install bit 52.5'assembly 1 Day $ 2,000.00 $ 2,000.00 10 Labor to remove 52.5"bit assembly/break it down 1 Day $ 2,000.00 $ 2,000.00 11 Labor to Drill 52.5"hole from approx.80'to 180' 3 Day $ 2,500.00 $ 7,500.00 12 Qulkgel for drilling 52.5"hole 192 Bags $ 10.38 $ 1,992.96 13 Welding Rods for 54"casing 50 Lbs $ 3.76 $ 187.50 14 Steel for lifting lugs&header on 54"casing 1 LS $ 1,269.54 $ 1,269.54 15 Fuel 500 Gal $ 2.39 $ 1,195.00 16 Hotel 14 Nights $ 93.95 $ 1,315.30 Subtotal $ 36,447.29 Overhead 10.0% $ 3,644.73 Total $ 40,092.02 Subcontractors 1 R.W.Hams-Auger drill for 62"and 54"casings 1 , LS $ 22,000.00 $ 22,000.00 2 Crane-Install/remove the 54"bit assembly 8 HRS $ 378.00 $ 3,024.00 3 Crane-Install 54"casing 8 HRS $ 378.00 $ 3,024.00 4 Crane-Install 48"casing 0 HRS $ 378.00 $ - 5 Certified Welders(54°casing install!stabilizer prep/cement header) 30 HRS $ 85.00 $ 2,550.00 Subtotal $ 30,598.00 Overhead 5% $ 1,529.90 a Subcontractor Total $ 32,127,90 I I I TOTAL LUMP SUM COST S 72,219.92 TOTAL ESTIMATED DAYSI 30