Loading...
Contract 2022-057ADocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 AGREEMENT NO. 2022-057 FOR MAINTENANCE AND REPAIR SERVICES FOR WATER SUPPLY WELLS AND WELL PUMPS THIS AGREEMENT, is made and entered into this 12 day of July 2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and A.C. SCHULTES OF FLROIDA, INC., whose address is: 11865 U.S. Highway 41, South, Gibsonton, Florida 33534, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Tohopekaliga Water Authority through the public procurement process awarded an Agreement for maintenance and repair services for water supply wells and well pumps, Tohopekaliga Water Authority Contract Number IFB-19-122; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Tohopekaliga Water Authority Contract Number IFB-19-122; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1 — SCOPE OF WORK The CONTRACTOR shall furnish maintenance and repair services for water supply wells and well pumps as described in the Tohopekaliga Water Authority Contract Number IFB-19-122, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE 2 — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. ARTICLE 3 — TERM AND TERMINATION 3.1. This Agreement is to become effective upon execution by both parties, and shall DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 remain in effect until February 28, 2023 unless terminated or renewed by Tohopekaliga Water Authority. 3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1) additional two (2) year period. ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK 4.1. The CONTRACTOR shall only provide to CITY maintenance and repair services for water supply wells and well pumps upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Tohopekaliga Water Authority Contract Number IFB-19-122 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 4.3. It is expressly understood and agreed that the passing, approval and/or acceptance of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and specifications hereof. 2 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 4.4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. ARTICLE 5 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. 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. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 6.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its 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 subCONTRACTOR 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 Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental 3 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 death, as well as claims for property damages which may arise 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 as follows: (a) CONTRACTOR's Commercial General Liability, $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 $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. 7.3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its 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, regardless of whether or not such acts are caused in part by a party indemnified hereunder. 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 Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY 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. 2 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE 8 — 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 FLROIDA, INC. 11865 U.S. Highway 41 South Gibsonton, Florida 33534 Attn: Greg Schultes, Vice President OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 9 — MISCELLANEOUS 9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver — The waiver by city 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. 9.3. 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. 9.4. 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 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 9.5. 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. Assigningnt — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, 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. 9.7. 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. 9.8. 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. 9.9. 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 necessarily 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 CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically 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 TO THIS CONTRACT, CONTRACTOR SHALL 71 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in the Tohopekaliga Water Authority Contract Number IFB-19-122. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 12 day of July 2022 CITY OF CLERMONT DocuSigned by: 2BA7692F758C492... Tim Murry, Ma ATTEST: E DocuSigned by: A 3AD7F34905B344A... Tracy Ackroyd Howe, DS 7 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 A.C. SCHULTES OF FLROIDA, INC., DocuSigned�by: � � �.y By: sc �/w� s (Signature) Print Name: Greg schul tes Title: vice President Date: 6/29/2022 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 Imp WAIL94•r. AImtlm#kril 951 Martin Luther King Boulevard, Kissimmee, FL Clarence L. Thacker CHAIRMAN Supervisor #2 Domingo Sanchez VICE CHAIRMAN Supervisor #1 William "Bill" Land SECRETARY Supervisor #5 Hector Lizasuain Supervisor #3 Jim Swan Supervisor #4 Ex-Officio Board Members: Cheryl Grieb - Osceola County Jim Fisher - City of Kissimmee Rick Wilson - Polk County Todd P. Swingle Executive Director Michael W. Sweeney Deputy Executive Director Anthony J. Cotter General Counsel Nilsa C. Diaz Executive Assistant www.tohowater.com 407.944.5000 BOARD MEETING ACTION SUMMARY WEDNESDAY, DECEMBER 18, 2019 @ 5:00 PM 1. Meeting called to order 2. A. Moment of Silent Reflection B. Pledge of Allegiance 3. Approval of the Agenda - (After Chairman Thacker advised that there would be change in the order of the discussion of the Agenda, the Agenda was approved 3 to 0.) 4. Awards and Presentations: 4A. Employee Retirement — Helen Deem 5. Public Hearing: 5A. A Resolution of the Board of Supervisors of the Tohopekaliga Water Authority electing to use the uniform method of collecting non -ad valorem assessments levied in all or part of the service area of the Tohopekaliga Water Authority; stating a need for such levy; providing for the mailing of this Resolution; and providing an Effective Date. (Resolution 2019-005) (Cotter) (Approved 3 to 0) 6. Hear the Audience 7. Consent Agenda (After removal of Item 7R for discussion, the Consent Agenda was approved 3 to 0) The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of the Board of Supervisors. The Board of Supervisors in one motion may adopt the entire Agenda. The motion for adoption is non -debatable and must receive unanimous approval. By request of any individual member, any item may be removed from the Consent Agenda and placed upon the Regular Agenda for debate. 7A. Request Board approval of the meeting minutes from the TWA Board of Supervisors' Regular Meeting of November 13, 2019 (Diaz) 7B. Request Board approval of a contract with Reiss Engineering, Inc. for the Potable Water Master Plan (Ratliff) (Costs: Total DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 Costs: Initial scope of services proposal in the amount of $341,278. Additional services, if required, related to the solicitation will be awarded in accordance with the procurement policy including Board approval of additional services exceeding $100,000.) 7C. Request Board approval of Engagement letters; Increase in Hourly Rate (Cotter) (Costs: Legal services rendered will increase by approximately 10% for Akerman and 18% for Gray Robinson.) 7D. Request Board approval of an addendum with Garney Companies, Inc. for the construction of the Southwest Water Treatment Plant 30-inch raw water main replacement at the plant entrance (Ratliff) (Costs: The requested approval is $497,090, including a 10% contingency for $45,190. A 10% contingency is requested due to potential high costs associated with large diameter pipe.) 7E. Request Board approval of lift station no. 15 rehabilitation construction contract (Eversole) (Costs: Construction contract award = $293,940.00, requested contingency (10%) _ $29,400; Total not -to -exceed approval amount = $323,340.) 7F. Request Board approval of Parkway Water Treatment Plant Disinfection byproduct mitigation basis of design scope approval (Eversole) (Costs: $44,116 (Additional funding) $239,660 (Project total -to -date.) 7G. Request Board approval to award construction contract to Cathcart Construction Company for the Bass Road lift station (LS219) modification project (IFB 19-116) (Matos) (Costs: $782,153.14 ($744,907.75 plus a 5% contingency of $37,245.39.) 7H. Request Board approval of a utility construction reimbursement agreement relating to Bobcat Road Water Main Extension Project (Zhou) (Costs: The estimated cost for TWA's share is approximately $270,000. The final cost will be calculated based on the low bid award.) 7-I. Request Board approval of the selection of Tetra Tech to provide consulting services for the Western Reuse Storage and Pumping Facility final design and construction. (Beatty) 7J Request Board approval of a consulting services Agreement and Proposal with Tetra Tech, Inc. for the Western Reuse DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 Storage and Pumping Facility final design and construction services. (Beatty) (Costs: $167,888 for consulting services.) 7K Request Board approval of an Amendment to Developer's Service Agreement for the Cane Island development. (Anthony) 7L Request Board approval to advertise fees and charges for enhanced utility locate services. (Henderson) (Costs: $3,000.) 7M Request Board approval of Stoneybrook Fox Property Developer's Service Agreement including reimbursement request extensions for water, gravity sewer, and reclaim mains related to the Stoneybrook Fox Development (George) (Costs: $1,053,997.60 + $52,699.88 (5% contingency for the upsizing costs and engineering cost.) 7N Request Board approval of Neo Square Apartments Developer's Service Agreement (George) 7-0 Request Board approval of a Water and Wastewater Capacity Adjustment Agreement with PRM NeoCity/Kissimmee Owner, LLC. (Pelham) (Costs: No costs associated with this item at this time; up to $497,067 December 2025.) 7P Request Board approval of Design, Permitting, and Construction Administration services for priority gravity sewer rehabilitation projects (Noyes) (Costs: The time and materials (not to exceed) cost of this addendum is $187,920.) 7Q Request Board approval to authorize the Executive Director to award the construction contract for the Boggy Creek Road/Narcoosee Road 24-inch water main extension project. Contract will exceed Executive Director's $100,000 approval limit. (Matos) (Costs: Estimated at $3,900,000.00) 7R Request Board approval of CM Arrington & Associates scope of design services for the Tropical Park fire suppression improvements project. (Matos) (Costs: $219,599.85) (Approved 3 to 0) 7S Request Board approval of Addendum to Consulting Services Agreement with Tetra Tech, Inc. to provide WIFIA compliance and construction administration services for work awarded under the gravity sewer manhole rehabilitation three year continuing contract (Noyes) (Costs: The time and materials (not to exceed) cost of this scope of work is $452,543 over the three year continuing manhole rehabilitation contract term.) DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 7T. Request Board approval of award to A.C. Schultes of Florida, Inc. for maintenance and repair services for water supply wells and well pumps (IFB-19-122) (Holmes) (Costs: Total not -to -exceed amount of $$489,580 for the three-year term.) 7U. Request Board approval to award Classification and Compensation Study Services to Management Advisory Group International, Inc. (RFP-19-117) (Holmes/Martinez) (Costs: Less than $100,000 including contingency.) 7V. Request Board approval of December Asset Disposal (Holmes) 8. Informational Presentations: 8A. Administration building first floor lobby modifications and the Brian L. Wheeler Water Resources Center signage options (Ratliff) (Costs: No costs associated with this item.) 8B. Private Development Activity Presentation (Biron) 8C. Required Communication by the Independent Auditors (Henderson) 8D. Financial Overview of WIFIA Financing (Henderson) 9. Unfinished Business: None 10. New Business: 10A. Approval of the TWA Board Meeting Schedule for 2020 (McArdelle/Diaz) (Approved 3 to 0) 10B. Surplus of Real Property (Cotter) (Approved 3 to 0) 11. Staff Reports: 11A. Bid results report to Board for the Indian Ridge Reuse supplement facility pump replacement electrical improvements project (Zhou) (Costs: $100,045 including 10% contingency.) 11 B. Executed and recorded DSA's from August 28 through November 27, 2019 (Biron) 11 C. Gravity Sewer, Force Main, and Water Main Emergency Repairs Status (Pelham) DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 11 D. Construction Contingency Status Report (Pelham) 11 E. Major Project Summaries (Pelham) 12. Board Officials, Executive Director, General Counsel 13. Upcoming Events: December 19, 2019 Tree of Angels Event January 22, 2020 Regular TWA Board Meeting DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 AGREEMENT MAINTENANCE AND REPAIR SERVICES FOR WATER SUPPLY WELLS AND WELL PUMPS THIS AGREEMENT is made and entered between Tohopekaliga Water Authority, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, 951 Martin Luther King Boulevard, Kissimmee, Florida 34741 (hereinafter referred to as the "AUTHORITY" or "TWA") and A.C. SCHULTES OF FLORIDA, INC., 11865 U.S. Highway 41, South, Gibsonton, Florida 33534 (hereinafter referred to as the "CONTRACTOR"). WITNESETH: WHEREAS, the AUTHORITY has competitively solicited for the maintenance and repair of water supply well and well pumps pursuant to IFB-19-122; and WHEREAS, the CONTRACTOR has exhibited by its response to the solicitation that it is capable of providing the required services; and WHEREAS, the parties hereto have agreed to the terms and conditions cited herein based on said solicitation; NOW, THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: SECTION 1. TERM. The term of this Agreement shall become effective on March 1, 2020 and continue through February 28, 2023. The contract may be renewed, subject to written notice of agreement, for one (1) additional two (2) year period. SECTION 2. SCOPE OF SERVICES. The Contractor shall provide services and accessories listed in Exhibit `A,' which is attached hereto and incorporated herein. SECTION 3. OBLIGATIONS OF THE CONTRACTOR. Obligations of the CONTRACTOR shall include, but not be limited to, the following: A. It is understood that the CONTRACTOR shall provide and pay for all labor, tools, materials, permits, equipment, transportation, supervision, and any and all other items or services, of any type whatsoever, which are necessary to fully complete and deliver the services requested by the AUTHORITY, and shall not have the authority to create, or cause to be filed, any liens for labor and/or materials on, or DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 against, the AUTHORITY, or any property owned by the AUTHORITY. Such lien, attachment, or encumbrance, until it is removed, shall preclude any and all claims or demands for any payment expected by virtue of this Agreement. B. The CONTRACTOR will ensure that all of its employees, agents, sub -contractors, representatives, volunteers, and the like, fully comply with all of the terms and conditions set herein, when providing services for the AUTHORITY in accordance herewith. C. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, safety programs, and procedures necessary to properly and fully complete the work set forth in the Scope of Services. D. The CONTRACTOR shall maintain an adequate and competent staff, and remain authorized to do business within the State of Florida. The CONTRACTOR may subcontract the services requested by the AUTHORITY, with prior written approval from AUTHORITY; however, the CONTRACTOR is fully responsible for the satisfactory completion of all subcontracted work. SECTION 4. STANDARD OF CARE. A. The CONTRACTOR has represented to the AUTHORITY that it possesses a level of knowledge, experience, and expertise that is commensurate with firms in the areas of practice required for the services to be provided. By executing this Agreement, the CONTRACTOR agrees that the CONTRACTOR will exercise that degree of care, knowledge, skill, and ability as any other similarly situated contractor possessing the degree of skill, knowledge, experience, and expertise within the local area, working on similar activities. The CONTRACTOR shall perform the services requested in an efficient manner, consistent with the AUTHORITY's stated scope of services and industry standards. B. The CONTRACTOR covenants and agrees that it and its employees, agents, sub- contractors, representatives, volunteers, and the like, shall be bound by the same standards of conduct as stated above. SECTION 5. COMPENSATION. A. The amount to be paid under this Agreement shall be in accordance with the unit prices listed in Exhibit `A,' attached hereto, and shall not exceed Four Hundred Eighty -Nine Thousand Five Hundred Eighty Dollars ($489,580) for the term of the Agreement. B. Compensation for services completed by the CONTRACTOR shall be paid in accordance with section 218.70, Florida Statutes, Florida's Prompt Payment Act. C. Services to be performed in accordance with this Agreement are subject to the annual appropriation of funds by the AUTHORITY. In its sole discretion, the DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 AUTHORITY reserves the right to forego use of the CONTRACTOR for any project which may fall within the Scope of Services listed herein. In the event the AUTHORITY is not satisfied with the services provided by the CONTRACTOR, the AUTHORITY will hold any amounts due until such time as the CONTRACTOR has appropriately addressed the problem. SECTION 6. TERMINATION. The AUTHORITY may terminate this Agreement, with or without cause, given thirty (30) days written notice to CONTRACTOR prior to the effective date of such cancellation. SECTION 7. TERMINATION FOR CAUSE. The AUTHORITY may terminate this Agreement, without further obligation, upon written notice to the CONTRACTOR if the CONTRACTOR breaches any material term of the Agreement and such breach remains uncured for thirty 30) days after receipt of said notice. SECTION 8. PAYMENT WHEN SERVICES ARE TERMINATED. A. In the event of termination of this Agreement by the AUTHORITY, and not due to the fault of the CONTRACTOR, the AUTHORITY shall compensate the CONTRACTOR for all authorized services performed prior to the effective date of termination. B. In the event of termination of this Agreement due to the fault of the CONTRACTOR, or at the written request of the CONTRACTOR, the AUTHORITY shall compensate the CONTRACTOR for all authorized services completed, prior to the effective date of termination, which have resulted in a usable product or otherwise tangible benefit to the AUTHORITY. All such payments shall be subject to an off -set for any damages incurred by the AUTHORITY resulting from any delay occasioned by early termination. This provision shall in no way be construed as the sole remedy available to the AUTHORITY in the event of breach by the CONTRACTOR. SECTION 9. INSURANCE. A. The CONTRACTOR shall maintain the following types of insurance, with the respective limits, and shall provide proof of same to the AUTHORITY, in the form of a Certificate of Insurance prior to the start of any work hereunder: 1. Worker's Compensation: The CONTRACTOR shall provide Worker's Compensation coverage for all employees at the site location and in the case any work is subcontracted, shall require the subcontractor to provide Worker's Compensation for all its employees. The limits shall be statutory for Worker's Compensation and $1,000,000.00 for Employer's Liability. DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 2. Comprehensive General Liability: The CONTRACTOR shall provide for all operations including, but not limited to Contractual and Products Completed Operations. The limits shall not be less than $1,000,000.00. 3. Comprehensive Automobile Liability: The CONTRACTOR shall provide coverage for all owned and non -owned vehicles for limits not less than $1,000,000.00. 4. Umbrella Liability: The CONTRACTOR shall provide an umbrella policy in excess to the coverage's provided for in the above paragraphs of not less than $1,000,000.00. B. The CONTRACTOR shall name "Toho Water Authority" as a certificate holder and as additional insured, to the extent of the services to be provided hereunder, on all required insurance policies, and provide the AUTHORITY with proof of same. C. The CONTRACTOR, and any authorized sub-contractor(s), shall provide the AUTHORITY's Procurement Services with a Certificate of Insurance evidencing such coverage for the duration of this Agreement. Said Certificate of Insurance shall be dated and show: 1. The name of the insured CONTRACTOR; 2. The specified job by name and job number; 3. The name of the insurer; 4. The number of the policy; 5. The effective date; 6. The termination date; and 7. A statement that the insurer will mail notice to the AUTHORITY at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy. D. Receipt of certificates or other documentation of insurance or policies or copies of policies by the AUTHORITY, or by any of its representatives, which indicates less coverage than is required, does not constitute a waiver of the CONTRACTOR's obligation to fulfill the insurance requirements specified herein. E. The CONTRACTOR shall ensure that any sub-contractor(s), hired to perform any of the duties contained in the Scope of Services of this Agreement, maintain the same insurance requirements set forth herein. In addition, the CONTRACTOR shall maintain proof of same on file and made readily available upon request by the AUTHORITY. SECTION 10. AUTHORITY OBLIGATIONS. At the CONTRACTOR's request, the AUTHORITY agrees to provide, at no cost, all pertinent information known to be available to the AUTHORITY to assist the CONTRACTOR in providing and performing the required services. SECTION 11. DOCUMENTS CONSTITUTING ENTIRE AGREEMENT. The following documents are hereby incorporated and made part of this Agreement: 4 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 1. Exhibit `A' - Solicitation document and original bid submitted by Contractor In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and Exhibit `A,' the provisions of the Agreement shall take precedence. SECTION 12. APPLICABLE LAW, VENUE, JURY TRIAL. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in Osceola County, Florida. The parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of this Agreement, which may be brought by either of the parties hereto. In all respects, this Agreement is governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law rules thereof that may direct the application of the laws of another jurisdiction. SECTION 13. PUBLIC RECORDS COMPLIANCE. A. If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor's duty to provide public records relating to this Agreement, contact the custodian of public records at the following: Records Retention 951 Martin Luther King Blvd. Kissimmee, Florida 34741 (407) 483-3822 publicrecordsrepuests &,tohowater.com B. The CONTRACTOR understands that by virtue of this Agreement all of its documents, records and materials of any kind, relating to the relationship created hereby, shall be open to the public for inspection in accordance with Florida law. If CONTRACTOR shall act on behalf of the AUTHORITY, as provided under section 119.011(2), Florida Statutes, as amended, the CONTRACTOR, subject to the terms of section 287.058(1) (c), Florida Statutes, as amended, and any other applicable legal and equitable remedies, shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the AUTHORITY in order to perform the service; and DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 2) Provide the public with access to public records on the same terms and conditions that the AUTHORITY would provide the records and at a cost that does not exceed the cost provided by Florida law; and 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer, at no cost, to the AUTHORITY all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement. All records stored electronically must be provided to the AUTHORITY in a format that is compatible with the information technology systems of the AUTHORITY; and 5) If the CONTRACTOR does not comply with a public records request, the AUTHORITY shall enforce the contract provisions in accordance with the Agreement. SECTION 14. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the CONTRACTOR, its employees, sub -contractors, representatives, volunteers, and the like, will be an independent contractor and not an employee of the AUTHORITY for all purposes, including, but not limited to, the application of the following, as amended: the Fair Labor Standards Act minimum wage and overtime payments, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State of Florida revenue and taxation laws, the State of Florida workers' compensation laws, the State of Florida unemployment insurance laws, and the Florida Retirement System benefits. The CONTRACTOR will retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder. SECTION 15. APPLICABLE LICENSING. The CONTRACTOR, at its sole expense, shall obtain all required federal, state, and local licenses, occupational and otherwise, required to successfully providing the services set forth herein. SECTION 16. COMPLIANCE WITH ALL LAWS. The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders, and regulations of federal, state, AUTHORITY, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the 6 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 time of execution of this Agreement or are adopted at any time following the execution of this Agreement. SECTION 17. INDEMNIFICATION. The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses incurred, by the AUTHORITY, caused by the acts and/or omissions of the CONTRACTOR, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. The CONTRACTOR agrees to indemnify, defend and hold the AUTHORITY harmless for any and all claims, suits, judgments or damages, losses and expenses, including but not limited to, court costs, expert witnesses, consultation services and attorney's fees, arising from any and all acts and/or omissions of the CONTRACTOR, or any of its employees, agents, sub -contractors, representatives, volunteers, or the like. Said indemnification, defense, and hold harmless actions shall not be limited by any insurance amounts required hereunder. SECTION 18. SOVEREIGN IMMUNITY. The AUTHORITY expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section, article or paragraph of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of sovereign immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of AUTHORITY for damages, attorney fees and costs, regardless of the number or nature of claims in tort, equity or contract, shall not exceed the dollar amount set by the Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the AUTHORITY which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. SECTION 19. BANKRUPTCY OR INSOLVENCY. If the CONTRACTOR shall file a Petition in Bankruptcy, or if the same shall be adjudged bankrupt or insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall be appointed in any proceeding brought by or against the CONTRACTOR, or if the CONTRACTOR shall make an assignment for the benefit of creditors, or proceedings shall be commenced on or against the CONTRACTOR's operations of the premises, the AUTHORITY may terminate this Agreement immediately notwithstanding the notice requirements of Section 6 hereof. SECTION 20. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors, and/or assigns. SECTION 21. ASSIGNMENT. This Agreement shall only be assignable by the CONTRACTOR upon the express written consent of the AUTHORITY. DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 SECTION 22. SEVERABILITY. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on any other provision of this Agreement. It is understood by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. SECTION 23. WAIVER. Failure of the parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of this Agreement, or to exercise any right or option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision, condition, or right of election, but same shall remain in full force and effect. SECTION 24. NOTICE. The parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to the AUTHORITY and the CONTRACTOR. All notices required and/or made pursuant to this Agreement to be given to the AUTHORITY and the CONTRACTOR shall be in writing and given by way of the United States Postal Service, first class mail, postage prepaid, addressed to the following addresses of record: AUTHORITY: Toho Water Authority Attention: Procurement Services (Warehouse) 1628 S. John Young Parkway Kissimmee, Florida 34741 CONTRACTOR: A.C. Schultes of Florida, Inc. 11865 U.S. Highway 41, South Gibsonton, Florida 33534 SECTION 25. MODIFICATION The covenants, terms, and provisions of this Agreement may be modified by way of a written instrument, mutually accepted by the parties hereto. In the event of a conflict between the covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. SECTION 26. HEADINGS. All headings of the sections, exhibits, and attachments contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions contained in such sections, exhibits, and attachments. DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 SECTION 27. ADMINISTRATIVE PROVISIONS. In the event the AUTHORITY issues a purchase order, memorandum, letter, or any other instrument addressing the services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument is for the AUTHORITY's internal purposes only, and any and all terms, provisions, and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon. SECTION 28. CONFLICT OF INTEREST. The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this Paragraph, the AUTHORITY shall have the right to terminate this Agreement immediately, without liability and without regard to the notice requirements of Section 6 hereof. SECTION 29. PUBLIC ENTITY CRIMES. As required by section 287.133, Florida Statutes, the CONTRACTOR warrants that it is not on the convicted contractor list for a public entity crime committed within the past thirty six (36) months. The CONTRACTOR further warrants that it will neither utilize the services of, nor contract with, any supplier, sub -contractor, or consultant in connection with this Agreement for a period of thirty six (36) months from the date of being placed on the convicted contractor list. SECTION 30. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY) In accordance with State of Florida, Office of the Governor, Executive Order 11-116 (superseding Executive Order 11-02; Verification of Employment Status), in the event performance of this Agreement is or will be funded using state or federal funds, the CONTRACTOR must comply with the Employment Eligibility Verification Program ("E-Verify Program") developed by the federal government to verify the eligibility of individuals to work in the United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. If applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the CONTRACTOR must (1) enroll in the E-Verify Program, (2) use E-Verify to verify the employment eligibility of all new hires working in the United States, except if the CONTRACTOR is a state or local government, the CONTRACTOR may choose to verify only new hires assigned to the Agreement; (3) use E-Verify to verify the employment eligibility of all employees assigned to the Agreement; and (4) include these requirement in certain subcontract, such as construction. Information on registration for and use of the E-Verify Program can be obtained via the internet at the Department of Homeland Security Web site: http://www.dhs.gov/B-Verify. DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 SECTION 31. JOINT AUTHORSHIP This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of any one of the parties hereto. SECTION 32. EOUAL OPPORTUNITY EMPLOYER The CONTRACTOR is an Equal Opportunity Employer and will comply with all equal opportunity employment laws. The CONTRACTOR will further ensure that all sub -contractors it utilizes in providing the services required hereunder will comply with all equal opportunity employment laws. SECTION 33. AUDITING, RECORDS, AND INSPECTION In the performance of this Agreement, the CONTRACTOR shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Throughout the term of this Agreement, books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the AUTHORITY, and shall be retained by the CONTRACTOR for a period of three years after termination or completion of the Agreement, or until the full Authority audit is complete, whichever comes first. The AUTHORITY shall retain the right to audit the books during the three-year retention period. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, chapter 119, Florida Statutes. The AUTHORITY also has the right to conduct an audit within sixty (60) days from the effective date of this Agreement to determine whether the CONTRACTOR has the ability to fulfill its contractual obligations to the satisfaction of the AUTHORITY. The AUTHORITY has the right to terminate this Agreement based upon its findings in this audit without regard to the termination provision set forth herein. SECTION 34. PROJECT MANAGERS The AUTHORITY and the CONTRACTOR have identified individuals as Project Managers, listed below, who shall have the responsibility for managing the work performed under this Agreement. The person or individual identified by the CONTRACTOR to serve as its Project Manager for this Agreement, or any replacement thereof, is subject to prior written approval and acceptance by the AUTHORITY. If the AUTHORITY or CONTRACTOR replace their current Project Manager with another individual, an amendment to this agreement shall not be required. The AUTHORITY will notify the CONTRACTOR, in writing, if the current AUTHORITY Project Manager is replaced by another individual. A. The AUTHORITY Project Manager's contact information is as follows: Robert Newberry, Water Supervisor Treatment Operations Department Toho Water Authority 2706 N. John Young Pkwy. Kissimmee, Florida 34741 Phone: 407-944-3826 Email: rnewberryotoho_water.com 10 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 B. The CONTRACTOR Project Manager's contact information is as follows: Greg Schultes, Vice President A.C. Schultes of Florida, Inc. 11865 U.S. Highway 41, South Gibsonton, Florida 33534 Phone: 813-741-3010 Email: are_.ag csflkverizon.net IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement effective the 1 1Eday of �e�G r� ;jr' ", ;r.2019. A.C. SCHU ES OF FL A, INC. iPri t Nam Till . Attest: /I Print Name: , #S Ad ress: j l K6 U, r1w ! f STATE OF J:1 Q r 1 ct , AUTHORITY OF 4W I1 at�w,�cti. TOHOPEN AUTHO By: Print m Ear Title: oard Attest: Print Name: Address: 95 Kissimmee Florida 34741 The foregoing instrument was executed before me this 12) day of U xy mbu- , 2019, by CipriQCW 'XI ANAA i✓-�� as Q I ,LQ P(, 5i CIS F of A.C. Schultes of Florida, Inc., ho Personally swore or affirmed that he/she is authorized to execute this Agreement and thereby bind the Corporation, and who is personally known to me OR has produced as identification. Signature: F Print Name: p NOTARY PUBLIC, S to of x- My Commission Expires: 17 ft (Stamp) F + CHRISTY GRAY _ Notary Public - State of Florida `_ Commission # GG 289380 �' M Comm. Expires Jan 1, 2023' or �.•; Y P Bonded through National Notary Assn. 11 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 INVITATION FOR BID BID TITLE: BID NO: Toho MAINTENANCE AND REPAIR SERVICES FOR WATER SUPPLY WELLS AND WELL PUMPS SUBMIT BID TO: Toho Water Authority Procurement Services 1628 S. John Young Parkway Kissimmee, Florida 34741 (Directions: From 192, take John Young Parkway south; turn right onto Mohawk Drive just south of RaceTrac; continue straight onto Toho Water Authority's property to the stop sign, then turn right; follow signs to Warehouse Building.) NON -MANDATORY SITE VISITS: IFB-19-122 ISSUE DATE: OCTOBER 11, 2019 Water Authority 1J �. CONTACT PERSON: Terry Park Procurement Services EMAIL ADDRESS: procurement(i—z�tohowater.com PHONE: (407) 944-5180 FAx: (407) 931-4308 North Bermuda Water Treatment Plant Tuesday, October 22, 2019 2706 N. John Young Parkway 9:00 a.m. - 12:00 p.m. Kissimmee, FL 34741 DEADLINE FOR WRITTEN QUESTIONS: BID DUE: Monday, October 28, 2019 at 5:00 p.m. THURSDAY, NOVEMBER 7, 2019 AT 2:00 P.M. TOHO WATER AUTHORITY IS A NON-SMOKING AGENCY. SMOKING IS STRICTLY PROHIBITED IN ALL FACILITIES AND ON ALL AUTHORITY PROPERTIES. DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps IFB-19-122 MAINTENANCE & REPAIR SERVICES FOR WATER SUPPLY WELLS & WELL PUMPS TABLE OF CONTENTS Sections Section _ Page General Terms and Conditions 1 3 - 12 Instructions to Bidder 2 13 - 16 Scope of Services and Technical Requirements 3 17 -24 Special Terms and Conditions 4 24 - 26 Submittal Requirements 5 27 Bid Form 6 28 - 30 Attachments Attachment Page "No -Bid" Response Form A 31 Drug Free Workplace Form B 32 References C 33 - 34 Solicitation Response Identification Label D 35 Exhibits Exhibit Page TWA Water Supply Wells Data Sheet Intercession City Survey Report 1 36 2 37 2 1 P a g e DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps SECTION 1 GENERAL TERMS AND CONDITIONS ***PLEASE READ CAREFULLY*** BIDDER OR OFFEROR: THESE CONDITIONS AND INSTRUCTIONS TO BIDDERS shall be binding on all Bidders or Offerors and, except to the extent otherwise provided, are incorporated by reference in all contracts resulting from any written Request for Quotation (RFQ), Invitation for Bid (IFB) or Request for Proposal (RFP) issued, collectively the ("Request"), to which they are attached and response thereto (Bid) or (Proposal). Use of the term "bid" in these General Terms and Conditions and Instructions to Bidders or Offerors is not intended to be restricted to an IFB and shall also affect written RFQ's or RFP's. These instructions are standard for all contracts for commodities or services issued through the Tohopekaliga Water Authority (the "Authority") Procurement Services Division. The Authority may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the IFB Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal Advertisement. PART I - CONDITIONS OF BIDDING 1.1 CLARIFICATION OF TERMS: If any Bidder or Offeror has questions about the specifications or other solicitation documents in connection with an RFQ, RFP or IFB, the prospective Bidder or Offeror must contact the buyer whose name appears on the face of the solicitation no later than five (5) business days prior to the date set for the opening of Bid or Proposals or receipt of Proposals. Any revisions to the solicitation will be made only by addendum issued by the buyer. Notifications regarding specifications may not be considered if received in less than five (5) business days of the date set for opening of Bid or Proposals or receipt of Bids or Proposals. 1.2 USE OF AUTHORITY FORM AND TERMS AND CONDITIONS: Failure to submit a solicitation on the official Authority form provided for that purpose or unauthorized modification of or additions to any portion of the solicitation documents may be a cause for rejection of the Bid or Proposal. The Authority reserves the right to decide, on a case -by -case basis, in its sole discretion, whether to reject any Bid or Proposal which has been modified. The Authority shall not be responsible for any errors or omissions of the Bidder or Offeror. The solicitation shall be signed by a representative authorized to legally bind the firm submitting the Bid or Proposal. By signing the solicitation, the Bidder or Offeror agrees to the terms and conditions of the solicitation and certifies that it has inspected the job site(s) and shall be deemed to be aware of the conditions under which the work must be accomplished. Claims, as a result of failure to inspect the job site, shall not be considered by the Authority. 1.3 EXCEPTIONS: For purposed of Bid or Proposal evaluation, Bidder or Offeror must indicate any exceptions, no matter how slight, from the General Terms and Conditions, Special Conditions, Specifications or Addenda in the space provided on the Bid or Proposal form. No exceptions by a Bidder or Offeror will be considered or deemed a part of the Bid or Proposal submitted unless such exceptions are listed in the Bid or Proposal and referenced in the space provided on the Bidder or Offeror proposal form. If exceptions are not stated or referenced as required, it will be assumed that the product or service fully complies with the Authority's terms, conditions, and specifications. By receiving a Bid or Proposal, the Authority does not necessarily accept any exceptions contained in the Bid or Proposal. All exceptions submitted are subject to review and approval by the Authority. If any Bid or Proposal contains material exceptions that, in the Authority's sole opinion, make that Bid or Proposal conditional in nature, the Authority reserves the right to reject the Bid or Proposal in its entirety or that part of the Bid or Proposal which contains material exceptions. 3 1 P a g e DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps 1.4 NO BID RESPONSE: Vendors electing not to submit a Bid or Proposal in response to this solicitation should complete the attached "No Bid" Response form. 1.5 BID OR PROPOSALS FIRM FOR ACCEPTANCE: Bidder or Offeror warrants, by virtue of bidding, that its Bid or Proposal and the prices quoted in its Bid or Proposal will be firm for acceptance by the Authority for a period of ninety (90) days from the date of Bid or Proposal opening unless otherwise stated in the solicitation. 1.6 LATE BID OR PROPOSAL & MODIFICATION OF BID OR PROPOSAL: Any Bid or Proposal modification received at the office designated in the solicitation after the exact time specified for receipt of the Bid or Proposal or the modification is considered a late Bid or Proposal modification and may not be considered. The Authority is not responsible for delays in delivery of the mail by the U.S. Postal Service, private carriers or the inter office mail system. It is the sole responsibility of the Bidder or Offeror to ensure its Bid or Proposal reaches the Procurement Services Office by the designated date and hour. a. The official time used in the receipt of Bid or Proposals is that time stamped by the automatic time stamp machine in the Procurement Services Office. Date/time stamps marked after the designated time of receipt will be rejected. b. Late Bid or Proposal modifications will be returned to the Bidder or Offeror UNOPENED, if solicitation number, acceptance date, and Bidder/Offeror return address is shown on the container. c. If the Authority closed its office due to inclement weather, the time for Bid or Proposals opening or receipt of Bid or Proposals will be extended to the next business day, same time. d. Vendors may modify their Bid or Proposals prior to the date and time specified for the bid opening. Facsimile modification of Bid or Proposals shall not be accepted unless the solicitation allowed submittal by facsimile. 1.7 WITHDRAWAL OF BID OR PROPOSALS: A Bidder or Offeror for a contract may request withdrawal of his or her Bid/Proposal under the following circumstances: a. Bid or Proposals may be withdrawn on written requests from the Bidders or Offerors received at the address shown in the solicitation prior to the time of acceptance. b. Requests for withdrawal of Bid or Proposals after opening of such Bid or Proposals but prior to award shall be transmitted to the Authority's Procurement Services Division, in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. If bid bonds were tendered with the Bid/Proposal the Authority may exercise its right of collection. c. Bid or Proposals shall not be withdrawn after award of a contract or issuance of a purchase order. No plea or claim of mistake in the solicitation or resulting contract or purchase order shall be available as a defense in any legal proceeding brought upon a contract or purchase order awarded to a Bidder/Offeror as a result of the breach or nonperformance of such contract or purchase order. 1.8 ERROR IN BID OR PROPOSALS: When an error is made in extending total prices, the unit bid price will govern. Erasures in Bid or Proposals must be initialed by the Bidder or Offeror. Carelessness in quoting prices or in preparation of bid or otherwise, will not relive the Bidder or Offeror of its responsibilities to provide the good or service. Bidders or Offerors are cautioned to recheck their Bid or Proposal for possible errors. Errors discovered after public opening cannot be corrected and the Bidder or Offeror will be required to perform if his or her Bid or Proposal is accepted. 1.9 IDENTIFICATION OF BID ENVELOPE: The signed Bid or Proposal envelope and requested copies should be returned in a separate envelope or package, sealed and identified with the following information: IFB No. and Title/Due Date Name of Bidder or Offeror Street City, State, Zip Code Attn: Procurement Services 41Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps Please attach the label provided (Attachment D) on the outside mailing package. If a Bid or Proposal is not addressed with the information as shown above, the Bidder or Offeror takes the risk that the envelope may be inadvertently opened and the information compromised, which may cause the Bid or Proposal to be disqualified. Bid or Proposals may be hand delivered to the designated location in the office issuing the solicitation. No other correspondence or other proposals should be placed in the envelope. 1.9.1 PRICING a. Bidder or Offeror warrants by virtue of bidding that prices, terms and conditions quoted in its Bid or Proposal will be firm for acceptance for a period of ninety (90) days from the date of Bid or Proposal opening unless otherwise stated by the Authority or Bidder or Offeror. b. Prices should be stated in units of quantity as specified in the Bid/Proposal form. c. Life cycle cost analysis may be considered when determining the lowest responsive and responsible Bid or Proposal. This analysis may consider, in addition to purchase price, any proposed upward or downward escalator clauses proposed for the initial contract term and any potential renewal terms; operating and related costs over the life of the item including maintenance, down time, energy costs, salvage value, etc. d. Bid or Proposal prices shall be for complete installation ready for the Authority's use and shall include all applicable freight and installation charges; extra charges not allowed. e. When an annual contract is not requested by the Authority and the Bid or Proposal is for products or services to be delivered on a one-time only or staggered basis, only firm pricing shall be given consideration. General terms such as "price in effect at time of delivery" shall not be considered. 1.10 OPENING: At the time fixed for the opening of responses to a Bid or Proposal, all Bid or Proposals will be opened and the names of the Bidders or Offerors and the amount shall be read aloud and made readily available to the public. If a public opening of a Request for Proposal is held, only the names of the Bidders of Offerors will be read publicly. 1.12 TIE BID OR PROPOSALS: A Drug Free Workplace Statement must be completed, signed, and returned prior to award of Bid or Proposal. This form will be used whenever two or more Bid or Proposals that are identical with respect to price, quality, delivery, and service are received; a Bid or Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. 1.13 TAX EXEMPTION: The Authority is exempt from Federal excise and State sales taxes. Tax exemption number is 85-801289768OC-2 and is also stipulated on our Purchase Orders. 1.14 NO CONTACT POLICY: No Bidder or Offeror shall initiate or otherwise have contact related to the solicitation (RFQ, IFB or RFP) with an Authority representative, officer or employee, other than with the Procurement Services Division, after the date and time established for receipt of Bids or Proposals. Any contact initiated by a Bidder or Offeror with any Authority representative, officer or employee other than through the Procurement Services Division, concerning this solicitation is prohibited and may cause the disqualification of the Bidder or Offeror from this procurement process. 1.15 LICENSES, PERMITS, AND FEES: All Bid or Proposals submitted shall have included a list of any business and professional licenses, permits, or fees required by the Authority. PART II - DEFINITIONS/ORDER OF PRECEDENCE 2.1 BIDDING DEFINITIONS: The Authority will use the following definitions in its these CONDITIONS AND INSTRUCTIONS TO BIDDERS OR OFFERORS and in its general conditions, special conditions, technical specifications, instructions to Bidders or Offerors, addenda, and any other document used in the bidding process: a. INVITATION FOR BID — (IFB) when the Authority is requesting Bids from qualified Bidders. 51Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps b. REQUEST FOR PROPOSAL — (RFP) when the Authority is requesting proposals from qualified Offerors. c. REQUEST FOR QUOTATION — (RFQ) when the Authority is requesting quotes from qualified Bidders or Offerors. d. BID — a price and terms quote received in response to an IFB. e. PROPOSAL — a proposal received in response to an RFP or RFQ. f. BIDDER — person or firm submitting a Bid. g. OFFEROR — person or firm submitting a Proposal. h. RESPONSIVE BIDDER — a person whose bid conforms in all material respects to the terms and conditions included in the IFB. i. RESPONSIBLE BIDDER — a person who has the capability in all respects to perform in full the contract requirements, as stated in the IFB, and the integrity and reliability that will assure good faith performance. j. CONTRACTOR — a successful bidder or offeror who is awarded a purchase order, award contract, blanket purchase order agreement, or term contract to provide goods or services to the Authority. k. CONTRACT — a written agreement for the procurement or disposal of equipment, materials, supplies, or services but not for public construction. 1. PUBLIC ENTITY CRIME and CONVICTED VENDOR LIST have the meanings set out in Section 287.133, Florida Statutes. 2.2 SPECIAL CONDITIONS: Any and all Special Conditions contained in this IFB that may be in variance or conflict with these General Conditions shall have precedence over these General Conditions, except as otherwise provided. If no changes or deletions to the General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. PART III - SPECIFICATIONS 3.1 BRAND NAME OR EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or offeror catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the Authority. In such cases, the Authority will be receptive to any unit that would be considered by qualified Authority personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the Authority, the Bidder or Offeror must state clearly in its bid any exceptions from those specifications. It is the Bidder's or Offeror's responsibility to provide adequate information in its Bid or Proposal, to enable the Authority to ensure that the Bid or Proposal meets the required criteria. If adequate information is not submitted with the Bid or Proposal, it may be rejected. The Authority will be the sole judge in determining if the item Bid or Proposal qualifies as an approved equal. 3.2 FORMAL SPECIFICATIONS: When a solicitation contains a specification which states no substitutes, no deviation there from will be permitted and the Bidder or Offeror will be required to furnish articles in conformity with that specification. 3.3 EQUIPMENT STANDARDS: Any equipment delivered shall be standard new equipment, latest model, the best quality, and the highest grade work, except as otherwise specifically stated in the Bid or Proposal. Any part of nominal appurtenances which are usually provided in the manufacturer's stock model shall be furnished. 3.4 ANNUAL CONTRACT USAGE REQUIREMENTS: Whenever a Bid or Proposal is sought seeking a source of supply for an annual contract for products or services, the quantities or usage shown are estimates only. No guarantee or warranty is given or implied by the Authority as to the total amount that may not be purchased from any resulting contract. These quantities are for Bidder or Offerors information only and will be used for tabulation and presentation of Bid or Proposals. PART IV - BIDDING AND AWARD PROCEDURES 4.1 AWARD OR REJECTION OF BID OR PROPOSALS: The Authority reserves the right to accept or reject any or all Bid or Proposals and to waive minor irregularities or variations to specifications contained in Bid or 61Fage DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps Proposals, and minor irregularities in the bidding process. The Authority reserves the right to award the contract on a split order basis; lump sum basis, individual item basis, or such combination as shall best serve the interest of the Authority. The Authority reserves the right to make an award to the responsive and responsible bidder whose product or service meet the terms, conditions, and specifications of the IFB and whose Bid or Proposal is considered to best the Authority's interest. In determining the responsiveness of the offer and the responsibility of the Bidder or Offeror, the following shall be considered: a. the ability, capacity and skill of the Bidder or Offeror to perform as required b. whether the Bidder or Offeror can perform promptly, or within the time specified, without delay or interference c. the character, integrity, reputation, judgment, experience and efficiency of the bidder d. the quality of past performance by the Bidder or Offeror e. the previous and existing compliance by the Bidder or Offeror with related laws, ordinances, administrative rules and orders and resolutions and requirements of the Authority. f. the sufficiency of the Bidder's or Offeror's financial resources g. the availability, quality and adaptability of the Bidder's or Offeror's supplies or services to the required use h. the ability of the Bidder or Offeror to provide future maintenance, service or parts i. the number and scope of conditions attached to the Bid or Proposal. If the IFB or RFQ provides for a contract trial period, the Authority reserves the right, in the event the selected Bidder or Offerors does not perform satisfactorily, to award for a trial period to the next ranked Bidder or Offeror or to award a contract to the next ranked Bidder or Offeror, if that Bidder or Offeror has successfully provided services to the Authority in the past. This procedure to continue until a Bidder or Offeror is selected or the contract is re -bid, at the sole option of the Authority. 4.2 QUALIFICATIONS OF BIDDERS OR OFFERORS: The Authority may make such reasonable investigations as it deems proper and necessary to determine the ability of the Bidder or Offeror to perform the work/famish the item(s) and the Bidder or Offeror or shall furnish to the Authority all such information and data for this purpose as may be requested. The Authority reserves the right to inspect Bidder's or Offeror's physical facilities prior to award to satisfy questions regarding the Bidder's or Offeror capabilities. The Authority further reserves the right to reject any Bid or Proposal if the evidence submitted by or investigations of such Bidder or Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated herein. 4.3 USE OF OTHER GOVERNMENTAL CONTRACTS: The Authority reserves the right to reject any part of all of any Bid or Proposal received and utilize other available governmental contracts, is such action is in its best interest. 4.4 PUBLIC ENTITY CRIMES: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid or Proposal on a contract to provide any goods or services to a public entity, may not submit a Bid or Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bid or Proposals on leases of real property to a public entity, may not be awarded or perform works as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 4.5 PUBLIC RECORDS: Florida law provides that municipal records shall at all times is open for personal inspection by any person. Section 119.01, F.S., the Public Records Law. Sealed Bid or Proposals received by the Authority in connection with an IFB, RFP or RFQ shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 10 days after bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Bidder or Offeror believes any of the information contained in its response is exempt from the Public Records Law, and then the Bidder or Offeror must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the Authority will treat all materials received as non-exempt. 7 1 P a g e DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps The Authority's determination of whether an exemption applies shall be final, and the Bidder or Offeror agrees to defend, indemnify and hold harmless the Authority and the Authority's officers, employees and agents, against any loss or damages, including but not limited to attorneys' fees, incurred by any person or entity as a result of the Authority's treatment of records as public records. 4.6 PROHIBITION OF INTEREST: No member, officer, agent, or employee of the Authority, either for himself or as agent for anyone else or as a stockholder or owner in any other legal entity, shall participate in or benefit directly or indirectly from any sale, purchase, lease, contract or other transaction entered into by the Authority. No contract will be awarded to a bidding firm in violation of the foregoing provision or in violation of Part III of Chapter 112, Florida Statutes. Any firm in which any member of the Board of Supervisors of the Authority or any officer or employee of the Authority or such individual's spouse or child is an officer, partner, director or proprietor or in which any such individual or any combination of them has a material interest as defined in Part III of Chapter 112, Florida Statutes, must disclose such interest and must fully comply with state law, including the Authority's governing act and Part III of Chapter 163, Florida Statutes and may be precluded from obtaining an award.. Bidders or Offerors must disclose any such affiliation or material interest. Failure to disclose any such affiliation or material interest will result in disqualification of the Bidder or Offeror and removal of the Bidder or Offeror from the Authority's Bidder's or Offeror's list and prohibition from engaging in any business with the Authority. PART V - BONDS AND INSURANCE 5.1 PERFORMANCE BOND/IRRECOVABLE LETTER OF CREDIT: If a performance bond or irrevocable letter of credit is required in the Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the Authority a performance bond or an unconditional irrevocable letter of credit payable to the Toho Water Authority, Florida in the face amount specified in the Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the Authority thirty (30) days prior to the termination date of the existing performance bond. The performance bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and having a resident agent. If a letter of credit is chosen, it must be in a form acceptable to the Authority, drawn on a local bank acceptable to the Authority and issued in favor of the Authority. If the Bidder or Offeror wishes to use a non -local bank, he must have prior Authority approval of the requirements to draw against the letter of credit. 5.2 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a bid bond, postal money order, cashier's check, or irrevocable letter of credit. Bid security will be returned to the unsuccessful Bidders or Offerors as soon as practicable after opening of Bid or Proposals. Bid security will be returned to the successful Bidder or Offeror after acceptance of the performance bond or irrevocable letter of credit, if required; acceptance of insurance coverage, if required; and full execution of contract documents, if required; or conditions as stated in the Special Conditions. 5.3 LETTERS OF CREDIT: Generally, the Authority will require that the bank be rated A, or better, by a major rating agency. If the rating of the bank is downgraded below investment grade or if due to other circumstances, the Authority has concerns about the credit worthiness of an issuing bank, the Bidder or Offeror may be required to replace the letter of credit with a letter of credit issued by a different bank acceptable to the Authority or with a performance bond or, in the case of Bid Security with a letter of credit issued by a different bank acceptable to the Authority or with a bid bond, postal money order, cashier's check. 5.4 INSURANCE: If the Contractor is required to go on the Authority property to perform work or services as a result of IFB award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the Authority or specified in the Special Conditions. The Contractor shall provide to the Authority original certificates and coverage and receive notification of approval of those certificates by the Authority's Risk Manager prior to engaging in any activities under this contract. The Contractor's insurance is subject to the approval of the Authority's Risk Manager. The certificates must list the Authority as ADDITIONAL INSURED and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification 8 1 P a g e DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 of the insurance requirements may be made at the sole discretion the Authority's Risk Manager if circumstances change or adequate protection of the Authority is not presented. CONFIDENTIALITY AND OWNERSHIP OF DATA: Any reports, information, intellectual property, data, drawings, specifications estimates and summaries given to or prepared or assembled by the Contractor under the Scope of Work of the contract, shall not be made available to any individual or organization by the Contractor without prior written approval of the Authority. All of these items shall become the property of the Authority upon payment of fees as required by the contract. OBLIGATIONS OF THE AUTHORITY AND CONTRACTOR: Authority: The Authority shall furnish to the Contractor all available information as listed in the solicitation that may be useful for the contract work. The Authority shall assist the Contractor in obtaining access to enter upon public and private property as required to perform the contract work. The Authority shall designate a representative who shall serve as the principal contact and give direction to the Contractor throughout the duration of the contract. Contractor: The Contractor represents that he has, or shall secure at his expense, all personnel, including subcontractors required to perform and complete the Scope of Work. PAYMENT TERMS: Unless otherwise provided in the solicitation payment will be made thirty (30) days after receipt of a proper invoice with complete supporting documentation, or thirty (30) days after receipt of all goods or acceptance of work, whichever is the latter. SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupational Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 3817-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). OTHER GOVERNMENTAL ENTITIES: If the Bidder or Offeror is awarded a contract as a result of this RFP, IFB or RFQ he or she will, if has sufficient capacity or quantities available, provide to other governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the RFP, IFB or RFQ and resulting contract. Prices shall be F.O.B. delivered to the requesting agency. VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Authority employee. Only those communications which are in writing from an authorized Authority representative may be considered. Only written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by the Authority as duly authorized expressions on behalf of Contractors. INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the Bidder or Offeror shall be employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the Authority. Personal policies, tax responsibilities, social security, health insurance, employee benefits, purchasing policies unless otherwise stated in this IFB and other similar administrative procedures applicable to services rendered under this contract shall be those of the Contractor. INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect, defend, indemnify, and hold harmless the Authority and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, claims, costs, charges for other expenses, litigation, whether in court or before an administrative body, or liabilities of every and any kind including attorney fees, in connection with or arising directly or indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property, defects in materials or workmanship, actual or DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps alleged violations of any applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder. 6.9 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the Authority may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the Authority by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall at the option of the Authority become the Authority's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the Authority, not to exceed an amount equal to percentage of the contract price representing the percentage of the work completed satisfactorily. The Contractor, however, shall not be relieved of liability to the Authority for damages sustained by the Authority by reason of any breach of the Agreement by the Contractor and the Authority may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the Authority from the Contractor can be determined. 6.10 TERMINATION FOR CONVENIENCE: The Authority reserves the right, in its best interest as determined by the Authority, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. 6.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the Authority for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period and continuation of the contract into subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 6.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the Authority's Auditors. The Contractor agrees to make available to the Authority's Auditors during normal business hours all books of account, reports, and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. 6.13 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and regulations as well as all resolutions or directives of the Authority that would apply to this contract. 6.14 NON DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted under this contract. 6.15 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida in accordance with Florida Statutes, prior to entering into a contract with the Authority. 6.16 COPYRIGHTS OR PATENT RIGHTS: The Bidder or Offeror certifies by submission of Bid/Proposal that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the product or services shipped or ordered as a result of this Bid or Proposal. The successful Bidder or Offeror shall, at its own expense defend any and all actions or suits charging such infringement and will save the Authority, its officers, employees, and agents harmless from any and all liability, loss, or expense occasioned by any such violation. 6.17 INVOICES: Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to the payment address shown on the purchase order/contract. All invoices shall show the IFB/RFP number and or purchase order number. 101P i g e DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps 6.18 DEFAULT: In case of failure to deliver goods or services in accordance with the contract terms and conditions, the Authority after due oral and written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. 6.19 DELIVERY: In the appropriate space, the Bidder or Offeror shall state the time of proposed delivery or project completion in number of calendar days. Unless otherwise specified, calendar days shall be presumed. Unless otherwise specified, quote the earliest delivery possible as this may be considered a factor in making award. Delivery expressed in calendar days may be given preference over such general terms as "stock immediately" and "as soon as possible." As time will be of the essence for any orders placed as a result of this bid, the Authority reserves the right to cancel such orders or any part thereof, without obligation if delivery is not made at the time(s) specified on the bid form. PART VII - DELIVERY PROVISION 7.1 SHIPPING INSTRUCTIONS -CONSIGNMENT: Unless otherwise specified in the solicitation of each case, crate, barrel, package, etc., delivered under the contract must be plainly stenciled or securely tagged, stating the Contractor's name, purchase order number, and delivery address as indicated in the order. Where shipping containers are to be used, each container must be marked with the purchase order number, name of Contractor, the name of the item, the item number, and the quantity contained therein. Deliveries must be made within the hours of 8:00 a.m. — 5:00 p.m. Deliveries at any other time will not be accepted unless specific arrangements have been previously made with designated individual at the delivery point. No deliveries will be accepted on Saturdays, Sundays and holidays unless previous arrangements have been made. It shall be the responsibility of the Contractor to insure compliance with these instructions for items that are drop shipped. 7.2 RESPONSIBILITY FOR SUPPLIES TENDERED: The Contractor shall be responsible for loss or damage to materials or supplies covered by the contract until they are delivered at the designated point, a physical inspection is made by the Authority and the material or supplies are accepted by the Authority. The Contractor shall bear all risk of loss or damage to rejected materials or supplies and for all materials and supplies prior to acceptance by the Authority. Rejected materials or supplies must be removed by and at the expense of the Contractor promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. If rejected materials are not removed by the Contractor within ten (10) days after date of notification, the Authority may return the rejected materials or supplies to the Contractor at his or her risk and expense or dispose of them as its own property. 7.3 TESTING AND INSPECTION: The Authority reserves the right to conduct any test/inspection it may deem advisable to assure that of supplies and services conform to the specifications. Inspection and acceptance of materials or supplies will be made after delivery at destinations herein specified unless otherwise stated. If inspection is made after delivery at destination herein specified, the Authority will bear the expense of inspection except for the value of samples used in case of rejection. Final inspection shall conclusive except in regard to latent defects, fraud or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the Authority for such materials or supplies as are not in accordance with the specifications. 7.4 COMPLIANCE: Delivery must be made as ordered and in accordance with the solicitation or as directed by the Procurement Services Office when not in conflict with the bid/contract. The decision the Authority as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of goods by the purchaser shall rest with the Contractor. Any request for extension of time of delivery from that specified must be approved by the Procurement Services Office, such extension applying only to the particular item or shipment affected. Should the Contractor be delayed by the Authority, there shall be added to the time of completion a time equal to the period of such delay caused by the Authority. However, the Contractor shall not be entitled to claim damages of extra compensation for such delay or suspension. 111Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps 7.5 POINT OF DESTINATION: All materials shipped to the Authority must be shipped F.O.B. DESTINATION unless otherwise stated in the contract. The materials must be delivered to the "Ship To" address indicated on the purchase order. 7.6 REPLACEMENT: Materials or components that have been rejected by the Procurement Services Office, in accordance with the terms of the contract, shall be replaced by the Contractor at no cost to the Authority. 7.7 PACKAGING SLIPS OR DELIVERY TICKETS: All shipments shall be accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered: a. purchase order number/contract number b. name of article and stock number c. quantity ordered d. quantity shipped e. quantity back ordered f. the name of the Contractor Contractors are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods. 7.8 SAMPLES: Evidence in the form of samples may be requested if brand being quoted upon is other than as specified. The Authority reserves the right to request that such samples be furnished at the time of bid opening. The Authority also reserves the right to request samples after the date of bid opening. Requested samples must be furnished free of expense to the Authority and if not used in testing or destroyed, will, upon request, be returned at the Bidder's or Offeror's expense. PART VIII - BIDDER/OFFEROR/CONTRACTOR REMEDIES 8.1 PROTEST OF AWARD OR DECISION TO AWARD/EXHAUSTION OF ADMINISTRATIVE PROCEEDING: Any protest must be made within three (3) days following posting of the bid/proposal award. Protest procedures are available from the Authority Procurement Services Department. Notice of decision or intended decision concerning a Bid or Proposal solicitation or award will be given by posting the Bid or Proposal tabulation or recommended award at the location where the Bid or Proposals were opened. The Bidder or Offeror must exhaust this administrative proceeding before bringing suit. Failure to file a protest within the time prescribed herein and to exhaust the remedy provided by the Authority for such bid protest shall constitute a waiver of the right to bring suit. 8.2 DISPUTES: In the case of any doubt or differences of opinion as to the items to be furnished hereunder, the decision of the Authority's Procurement Agent shall be final and binding on both parties. 8.3 NO CONSEQUENTIAL DAMAGES: Consequential damages shall not be available to a Contractor for breach of contract by the Authority. 8.4 NO DAMAGES REMEDY TO OFFEROR OR BIDDER: An Offeror or Bidder who is unsuccessful shall not have a damages remedy as a result of the rejection of the Bid or Offer but shall be limited to the administrative remedies provided by the Authority and, after exhausting such remedies, the further remedy of declaratory relief or, in a proper case, injunction. Venue shall in all cases be in Osceola County, Florida. 8.5 PERSONAL PRONOUNS AND TERMINOLOGY. The personal pronouns, are used interchangeably regardless of sex and regardless of the legal status or identity of the entity or person to which the terms apply. END OF SECTION 1 121P'age DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps SECTION 2 2.0 INSTRUCTIONS TO BIDDER 2.1 PURPOSE The purpose of these specifications is to describe the requirements of the Toho Water Authority's Operations Division for maintenance and repair services, to include emergency and non -emergency, for water supply wells and well pumps on an as -needed basis at various sites throughout the Authority's service area. 2.2 PARTIES DEFINED A. The term "Authority" used in the bid documents refers to Toho Water Authority. B. The term "Contractor" refers to the person or firm to whom an award is made to perform the work under this contract. C. The term "Successful Bidder" refers to the lowest, qualified, responsive and responsible Contractor to whom the Authority makes an award. 2.3 NON -MANDATORY SITE VISITS A non -mandatory site tour will be held on Tuesday, October 22, 2019 at 9:00 a.m. beginning at the Toho Water Authority's North Bermuda Water Treatment Plant located at 2706 N. John Young Parkway, Kissimmee, FL 34741. Various wells will be viewed over a period of approximately 3 hours. To insure that all questions are properly understood and resiponded toquestions concernin2 the procurement rocess, specifications etc., will not be accepted durine the site visit. All questions must be submitted in writing by the deadline specified on the cover sheet. In any event and in all circumstances, prospective bidders cannot rely upon information obtained during the conference for purposes of submitting a bid in response to this solicitation. Attendance at the conference will be evidenced by the representative's signature on the attendance roster. 2.4 CLARIFICATION OF REQUIREMENTS The deadline for submitting questions regarding clarification or interpretation of this solicitation is shown on the cover sheet. Requests shall be addressed to rocurement!a�tohowatencom in the Procurement Services Department in writinz via email with the Solicitation Number and Title referenced in the subject line. Phone calls will not be accented. However, unless modified by a written addendum issued by the Procurement Services department, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative nor binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Procurement Services department. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this bid will be furnished in writing via addendum to all vendors on DemandStar at.www.demandstar.com and on VendorLink at www.m endorlink.com. 2.5 EXAMINATION OF BID DOCUMENTS It is the responsibility of each Bidder before submitting a bid: • To examine thoroughly the Bid Documents • To study and carefully correlate the Bidder's knowledge and observations of the Bid Documents and such other related data • To promptly notify the Authority of all conflicts, errors, ambiguities or discrepancies which the Bidder has discovered in or between the Bid Documents and such other related documents or conditions. 2.6 BID OPENING AND INSTRUCTIONS FOR SUBMITTING BID A. The deadline for submitting bids and the location for opening bids is shown on the cover sheet. Bids will be opened publicly and read aloud immediately following the deadline for submitting bids. No bid shall be considered if it arrives after the scheduled due date and time. No exceptions will be made. 131Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps B. Each Bidder shall submit one (1) original of the bid submittal. The submittal shall also include a copy on a CD or memory stick containing the entire bid formatted to be searchable with Microsoft software or Adobe PDF software. C. All bids must be submitted in a sealed package(s) and date and time stamped by an Authority representative on or prior to the due date and time specified on the front page. No other form of submission will be accepted (i.e., E-mail, Facsimile, etc.). Bid packages must be identified on the outside as follows: Solicitation No. and Title/Due Date Name of Bidder Street City, State, Zip Code Attn: Procurement Services For convenience, a label to provide this information is included as an attachment to this solicitation. D. Bids will be available for inspection during normal business hours in the Procurement Services Department within 30 days of the closing date, by appointment (Florida Statute 119.071(1) (b)). E. A copy of the completed bid tabulation will be available on DemandStar at www.demandstar.com and on VendorLink at www.m, v�rlink.com within thirty (30) days after bid opening. 2.7 SIGNATURE The Bidder shall sign the bid in the proper section with a manual signature of an authorized representative, and shall enter his title and date of the bid. Failure to properly sign the bid shall invalidate the bid and it shall not be considered for award. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid prior to submittal of the bid. 2.8 IRREVOCABLE OFFER Any bid may be withdrawn up until the date and time set above for opening of the bid. Any bid not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of ninety (90) days to sell the Authority the goods or services set forth in the attached specification until one (1) or more of the bids have been duly accepted by the Authority. 2.9 RESERVED RIGHTS The Authority reserves the right to accept or reject any and/or all bids, or any part thereof and/or to waive irregularities and technicalities. Also, the Authority reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the Authority. Any sole response received by the first submission date may or may not be rejected by the Authority depending on available competition and timely needs of the Authority. For each item or for all items combined, the bid of the lowest responsive, responsible bidder will be accepted, unless all bids are rejected. To be responsive, a bidder shall submit a bid that conforms in all material respects to the requirements set forth in the bid. To be a responsible, a bidder shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Also, the Authority reserves the right to make such investigation as it deems necessary to make this determination. Such information may include but shall not be limited to: current financial statements; verification of availability of equipment and personnel, and past performance records. 141Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps 2.10 CODE OF ETHICS With respect to this bid, if any bidder violates or is a party to a violation of the Code of Ethics of the Authority per the Authority's procurement regulations and/or the State of Florida per Florida Statutes, Chapter 12, Part III, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or services for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for the Authority. 2.11 SHAM OR COLLUSIVE BIDS The bids of any bidder or bidders who engage in collusive bidding shall be rejected. Any bidder who submits more than one bid in such a manner as to make it appear that the bids submitted are on a competitive basis from different parties shall be considered a collusive bidder. 2.12 AWARD Award will be made to the lowest responsive and responsible bidder within ninety (90) days after the bid opening. Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted. The Authority reserves the right to make an award in whole or in part at its discretion. 2.13 RE -AWARD If for some reason the awarded vendor cannot fulfill the bid requirements, a letter of cancellation will be sent and that vendor will be removed from the bid. The Authority will then either contact the next vendor in line to see if they are still interested in an award of the bid to replace the cancelled vendor. The Authority reserves the right to re -bid. 2.14 NOTICE OF AWARD Notice of award will also be posted on DemandStar at www.demandstar.com and on VendorLink at www.LnMendorlink.com. 2.15 BID FORM See Submittal Requirements for complete details. No bid will be considered unless it is submitted upon the Bid Form supplied for this project. The blank spaces in the Bid Form shall be filled in correctly and completely for each and every item for which a description is given. All names must be typed or printed on or below the signature. Where prices are requested, the Bidder must state the price(s) for which he proposes to do each part of the work contemplated, and the total amount for all parts included in any or all of the combinations of the work. The Bid Form must be completed and signed by an agent who is fully authorized to bind the individual submitting the offer to sell, to the terms, conditions, and specifications contained herein as well as any addenda to this solicitation. 2.16 CONTRACT TERM/RENEWAL The initial contract period shall be for three (3) years to commence upon the issuance of purchase order or execution of the agreement. The contract may be renewed subject to written notice of agreement for one (1) additional two (2) year period beyond the primary contract period. Unit prices bid shall be held firm for the initial term and the renewal period. 2.17 ADDENDA TO THE SOLICITATION A. The Authority reserves the right to amend this solicitation at any time prior to the deadline for submitting Bids or Proposals. If it becomes necessary to revise any part of this solicitation, notice of the revision will be posted on DemandStar at www.demandstar.com and on VendorLink at www.myvendorlink.com. If, in the opinion of the Procurement Services Agent, the deadline for the submission of proposals does not provide sufficient time for consideration of any Addendum, then such deadline may be extended at the discretion of the Authority. B. It shall be the responsibility of each Bidder to contact the Procurement Services contact identified on the cover page to this solicitation prior to submission of a bid or proposal hereunder in order to determine whether any addenda have been issued in connection with this procurement. Notwithstanding any provision to the contrary, 151Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps the failure of any Bidder to receive any addenda shall neither constitute grounds for withdrawal of its proposal nor relieve such Bidder from any responsibility for incorporating the provisions of any addenda in its proposal. 2.18 RECIEPT OF ADDENDA Receipt of any addenda issued shall be acknowledged on the addenda and returned with Bid. Failure to acknowledge your receipt of any addenda may result in your bid being considered non -responsive. 2.19 LATE BIDS Bids or unsolicited amendments to bids arriving after the closing date and time shall not be considered. Bids received after the bid submission deadline shall be returned to the Bidder unopened providing that sufficient bid identification information is shown on the outside of the bid envelope. 2.20 BID PRICES In the event there is a discrepancy between the unit prices and the extended totals, the unit prices shall govern. In the event there is a discrepancy between the prices written in words and written in figures, the prices written in words shall govern. In case of error in the Bidder's extended summation, the computed total of the Authority shall govern. The total amount of the summation of Bid extension shall be the basis of awarding the contract to the lowest responsible Bidder. Should the lowest responsible bid exceed the funds budgeted for the project, the Authority reserves the right to negotiate with the lowest responsive and responsible Bidder in the best interest of the Authority. 2.21 CONTRACTUAL AGREEMENT An agreement will be required for this service and must be signed by the Bidder prior to execution by the Authority, whereupon the bidder becomes the Contractor upon approval. 2.22 DISCLOSURE OF BID CONTENT All material submitted becomes the property of the Authority and may be returned only at the Authority's option. The Authority has the right to use any or all ideas presented in any reply to this Bid. Selection or rejection of any Bid does not affect this right. The Authority is governed by the Public Record Law, Chapter 119, Florida Statutes. Only trade secrets as defined in Section 812.081(l)(c), Florida Statutes or financial statements required by the Authority as defined in 119.071(1)(c), Florida Statutes (hereinafter "Confidential Materials") may be exempt from disclosure. If a respondent submits Confidential Materials, the information must be segregated, accompanied by an executed Non - Disclosure Agreement for Confidential Materials and each pertinent page must be clearly labeled "confidential" or "trade secret." The Authority will not disclose such Confidential Materials, subject to the conditions detailed within the Agreement, which is attached to this solicitation. When such segregated and labeled materials are received with an executed Agreement, the Authority shall execute the Agreement and send the respondent a "Receipt for Trade Secret Information." 2.23 ASSIGNMENT The successful Bidder will not be permitted to assign its contract with the Authority, or to subcontract any of the work requirements to be performed, without obtaining prior written approval from the Authority. 2.24 REFERENCES Each Bidder must submit three (3) references with the bid (See Attachment D, Reference Form). References shall be of similar scope of operations as the Authority to whom the Bidder has supplied the same services within the past five (5) years. References must be able to attest without reservation to the fact that the Bidder provided the contracted goods/services without a significant problem of any kind, and at any time during the contract period. Failure to provide this information maybe cause for rejection of the Bid. END OF SECTION 2 161Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps SECTION 3 3.0 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS 3.1 GENERAL The Toho Water Authority ("TWA") is soliciting sealed competitive bids from licensed, experienced Contractors to perform testing, maintenance, and repair services, to include emergency and non -emergency, for water supply wells and well pumps. The bid prices shall include all equipment, labor, materials, permit(s), freight, and required insurance to cover the completed work as specified herein. A. By submitting a bid for this project, the Contractor agrees to be on -call for emergencies and available to work overtime, weekends, holidays, etc., as required to return the water supply well(s) back into service. B. The location and number of the water supply wells are described on the attached Exhibit 1, Well Data Sheet. The Contractor shall visit each site and be familiar with any site conditions that may influence specific job functions. The Contractor shall be responsible for restoring any fencing, paving, grass, etc., that was removed or damaged by Contractor's repair operations. C. The Contractor shall obtain all State, County, and City permits as required to complete the repairs to the wells. The Contractor shall furnish TWA with a copy of all permits prior to beginning work on a well repair project. D. The Contractor shall guarantee the water supply well to product water at the rated capacity if pulled and repaired, unless TWA directs the Contractor to omit repairs that would restore the pumping capacity. E. Bidder/Contractor must be a licensed and insured well drilling Contractor in the State of Florida. F. The Contractor shall be responsible for performing all work. Absolutely no subcontracting of any repair shall be allowed. G. Bidder/Contractor must have 5+ years of experience in construction, repair, and maintenance in the field of public water supply wells with casing 12" to 24" and including well pumps. 3.2 SCOPE OF WORK A. PRE -PERFORMANCE TESTING The Contractor shall perform and complete specified tests on each of the TWA's potable water supply wells on a yearly basis or as required by the Authority. Yearly testing shall consist of standard tests on each well to determine the current operating condition. The Contractor shall provide all necessary labor, equipment, and materials required to perform the specified tests. The Contractor shall assume all wells are operational and can be retrofitted to perform the following tests: 1. Vibration Tests: The Contractor shall complete vibration testing on each pump. The vibration tests shall be completed with the well operating at the rated capacity, at 50% of the rated capacity, and at 75% of the rated capacity. The test results shall be chart recorded and a copy of the chart included in the report. The resulting amplitude shall be noted and compared to manufacturer's tolerances for vibration amplitude. 2. Pumping Tests: The Contractor shall measure and record the following information by completing, at a minimum, a 4-hour pump test on the well. a. Static Water Level — to be measured with the well have been off for 12 hours. b. Shutoff Head — Operate the well at zero discharge. c. Operate well at constant rated capacity of well and pump to discharge. 171Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps d. Record drawdown readings at 10 minutes, 30 minutes, 1 hour, 2 hours, 3 hours, and 4 hours. Recovery measurements shall also be recorded for 3 hours. e. Record all nameplate data off the new pump, if applicable. The Contractor shall be responsible for the handling and off -site disposal of the pump -to -waste water. The Contractor shall also furnish a bound report upon the completion of testing of all TWA water supply wells. Field reports shall be typed and signed by the technician completing the tests. Each well shall be tabbed and separated in the bound report. B. WELL PUMP INSPECTION As required by TWA, the Contractor shall pull the selected well pump for inspection. The work includes furnishing all labor and equipment for pulling the pump, disassembly as required for detailed inspection, cleaning pump, removing oil from well, written report of findings, reassembly, resetting the pump, and restoring the well back into operation shall be completed within three (3) weeks following receipt of the purchase order provided no repairs are made to the pump, column, and assembly. C. REPAIRS AND MAINTENANCE When the pump and/or motor has been pulled, disassembled, and inspected, the Contractor shall make a determination of the requirement or recommendation for replacement parts to restore the well to its original capacity and insure operational longevity. In addition to the contractor's equipment, if rental equipment is required, cost shall not exceed cost + 10% mark-up. If the cost of repairs that are in excess of $5,000 is equal to or exceeds 65% of the cost of new, replacement equipment, the cost of the new equipment shall be included with the project repair quote. Three competitive quotes are to be obtained and the equipment purchased from the lowest bidder. Contractor shall provide proof of competitive bidding for any proposed new equipment. The Authority will then determine if it is in the best interest of the Authority to purchase the new equipment or approve the needed repairs. Additional associated work may be required in the process of the repair and/or maintenance of the well pump and/or motor. This shall include concrete and/or grout work, welding, and repair or replacement of any interconnected appurtenance, to include: • Pipe spools • Flexible Couplings • Solenoid valves • Check Valves • ARVs • Sample ports • Pressure gauges • Gate valves • Flush ports • Concrete pedestals ■ Well slabs • Pipe support pedestals D. WELL ABANDONMENT AND DEMOLITION The Contractor shall abandon wells as required by regulatory agencies when requested by the Authority's representative. Well abandonment is accomplished by filling the well holes with clay pellets that congeal once wet, followed by grout to fill and seal the casing so that no water or dirt can penetrate the well hole. See Exhibit 2 for well details. 181Pagc DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps The Contractor shall demolish well pumping equipment and appurtenances when requested by the Authority. If rental equipment is required for this work, cost shall not exceed cost + 10% mark-up. The Contractor shall obtain any required permits. The Contractor shall also successfully complete required inspections for completion of this work and haul away the debris. E. DISINFECTION OF THE WELL In accordance with DEP standards, the well is to be cleaned and flushed of all debris and oil prior to pump reinstallation. In addition, the pump, column pipe, oil tubing, airline, etc., shall be cleaned prior to assembly and reinstallation in the well. After resetting pump, column, etc., the entire well shall be chlorinated with a solution of such volume and strength that a concentration of 50 ppm free chlorine residual is obtained throughout the entire well and the solution shall remain in the well for a period of 24 hours. The Contractor shall then pump the well to waste until no chlorine concentration exists in the pumped water. At that time, the Contractor shall notify TWA so that TWA can begin sampling the well in accordance with DEP requirements. During the sampling period, if the bacteriological tests fall in accordance with DEP guidelines, the Contractor shall return to the site for re -chlorination of the well. The re -chlorination procedure shall consist of a chlorine solution that will produce a concentration of 100 ppm free chlorine residual throughout the entire well. The solution shall remain in the well for 24 hours, and the Contractor shall surge the well every four (4) hours to make sure all components of the well pump, etc., have been properly chlorinated. The Contractor shall then pump the well to waste until no chlorine concentration exists in the pumped water. At that time, the Contractor shall again notify TWA so that TWA can begin sampling the well in accordance with DEP requirements. This will conclude the Contractor's obligation regarding the pay item of well disinfection. Any additional disinfection or restoration procedures will be paid for at the hourly rate quoted in the bid, plus materials. F. POST -PERFORMANCE TESTING After being restored to operation and cleared for use by FDEP, the well shall be tested in accordance with the requirements of Section 3.2, Paragraph A, Pre -Performance Testing. If tests indicate the well has not been restored to its normal rated capacity, the Contractor shall advise TWA in writing. TWA will evaluate the report and determine if the contract has been adhered to and report same to the Contractor. If the repair work was considered to be the problem, or if excessive vibration exists, the Contractor will be required to complete corrective work at no additional cost to TWA. Upon completion of the corrective work and satisfactory post -performance testing, the Contractor shall submit a copy of the final testing report to TWA. G. CASING INSPECTION AND CLEANING When ordered by TWA, the Contractor shall provide all labor, materials, and equipment to properly clean and video the well casing and borehole and/or screens. Prior to the well video, the Contractor shall clean the well casing with tools and chemical agents to remove encrustation from the well casing. After removing encrustation from the casing, the well shall be pumped clean of all loose debris. This procedure shall be followed by the installation of a pump into the well so that the video is recorded with the well being pumped. The video equipment shall include a mirror and lighting head allowing 360 degrees sideways viewing. Tilt control, zoom lenses, and tile angle is also preferred so that the well casing can be closely inspected for failures at weld seams or punctures in the casing. A copy of the completed video shall be provided to TWA. 3.3 NEW REPLACEMENT MATERIALS A. PUMP HEAD The pump head shall be of extra heavy-duty construction throughout and of sufficient size to properly support the column, bowl, and driver. It shall be of cast iron construction, fitted with a flanged outlet connection and equipped with an extra heavy separate, machines, cast iron baseplate. The head shall also be equipped with a one-half (1/2) gallon automatic solenoid lubricator and heavy combination stuffing 191Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps box and oil tubing tension casting which shall make up with a resulting butt joint to the shaft protecting tubing to insure proper tension on the line shaft tubing at all times. The entire stuffing box assembly shall be locked so that the tension cannot be reduced by any vibration. B. DISCHARGE COLUMN The discharge column shall be of the diameter as indicated on the Well Data Sheets and in standard 10 foot lengths with either screw coupled or flanged connections and shall contain a supporting spider for the oil tubing at each point 10 feet apart. The screw coupling shall be a heavy cast iron combination coupling and spider and shall be integrally cast in one piece. The flanged connection shall be a heavy cast iron flange, threaded, bored, and faced for accurate alignment and centering of the heavy cast bronze alignment and centering of the4 heavy cast bronze alignment spider. The line shaft shall be made from high carbon steel, turned, ground, and polished. The line shaft shall match the existing line shaft as shown on the Well Data Sheets and shall be run in bronze bearings spaced not over five (5) feet apart. The shaft protective tubing shall be constructed of heavy tubing, and the ends shall be machined to ensure a water tight joint when bathed together. The discharge column shaft shall be oil lubricated and sufficient column shall be furnished to provide a minimum submergence of thirty (30) feet below the pumping level. The Contractor shall note that several wells may be water lubricated. The column pipe and shaft tubing shall be coated with an epoxy coating, inside and outside, to protect the pipe from excessive corrosion. The pipe shall be properly cleaned by sandblasting to near white metal prior to applying the protective coating. The epoxy coating shall be applied at a thickness of 10 mils (dry) and be equal to or better than Resi-Weld 72-20 epoxy coating. The Contractor shall submit data on the type of coating and dry film thickness prior to installation of column pipe and shaft tubing. C. PUMP BOWL The pump bowl outer shell shall be made of cast iron. The impeller, wear rings, and bushings shall be made of low -zinc bronze, and the pump bowl shall be designed to operate in accordance with the pumping conditions as specified. The impeller shaft shall be stainless steel and of sufficient size to carry the full load of the impellers. Each stage shall be fitted with a removable wear ring, and the impellers shall be of the fully -enclosed type, non -overloading, and so designed that the motor will not be overloaded, nor the pump break suction in the event the above -ground head is removed. D. AIR TUBING New air tubing shall be installed from the well -head down into the well to a point twenty (20) feet below the pump bowl. The air tubing shall be 3/8" red brass pipeline and secured to the pump column for stability. E. STILLING WELL A SCHD 80 perforated 1" PVC pipe shall be installed from the well -head down into the well to a point twenty (20) feet below the pump bowl and secured to pump column for stability. Entry point from the well -head will be configured in such a way as to allow removal/replacement of submersible transducer. 3.4 PROCEDURES .18JLr -to] )WEI 1NI IMN Services to be furnished under contract shall be ordered by the authorized TWA official or his/her designee. The Contractor is required to mobilize and arrive on site within four (4) hours of notification to remove nonfunctioning equipment and install available replacement equipment to restore well to service as soon as possible. The Contractor cannot charge time for equipment that is idle on site. Charges for equipment must be accompanied by a crew. B. NOTIFICATION The Contractor shall notify the authorized TWA representative a minimum of three (3) working days in advance of the date and time of the annual performance testing on each well. Failure to provide the required notification may be grounds to rejection or any subsequent report of testing for that well and may 201Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps require retesting by the Contractor at no additional cost to TWA. TWA reserves the right to pre -determine an order of the wells to be tested so that the system operation is not adversely impacted. C. REPORTING The report of tests on each well shall include all items specified. The report shall be structured in three (3) divisions: I. Date and time of testing, personnel involved, and conditions encountered; 2.Test results for each item; 3. Contractor's recommendations for further inspection, maintenance and repair, and/or chemical restoration necessary to restore the well to original operating capacity. Reports for each well shall be submitted within fifteen (15) working days from the completion of testing for that well. An interim report of the results of static level and draw -down tests only shall be submitted to TWA within five (5) working days from the completion of each test. D. EQUIPMENT AND PUMP PULLING Equipment used for pulling the well pumps shall be specifically designed for this work. Adequate precautions shall be taken to prevent damage to the pump, column, shaft, oil tubing, air line, suction pipe, etc., during removal, disassembly, and resetting. The Contractor shall provide wood blocks to store all removed equipment to limit exposure to soil contamination. Damage to TWA property that is the fault of the Contractor shall be repaired or replaced, if necessary, at no cost to TWA. E. MATERIALS COMPATIBILITY All new parts shall be in accordance with Specifications unless compatibility requires parts replacement to match original parts. F. DOWN -TIME Down -time for wells shall be limited to a maximum of three (3) weeks, except by prior approval of TWA where procurement time for approved renewal parts, which are not stock items, require time extension or where circumstances beyond the control of the Contractor requires a time extension. Down -time exceeding three (3) weeks, approved by TWA for reasons beyond the Contractor's control, may require reassembly and resetting the pump and restoring the well to operation until such time that all replacement parts are on hand or TWA may consider a substitute well pump for temporary use. When all replacement parts are on hand, the pump shall be re -pulled and maintenance completed as specified at no additional cost to TWA. To facilitate timely service, the Contractor shall have ample standard replacement parts on hand or immediately available. 3.5 QUOTES A. Quotes for repairs, installation, and/or maintenance: The Authority will request a written quote from the Contractor for each project. The quote shall be based on the Contractor and the Authority's assessment of necessary repairs. The Contractor's quote shall be based on hourly prices submitted in their bid and materials cost plus markup percentage submitted in bid, and shall be provided within three (3) business days following evaluation of equipment. If the Authority agrees with the quote, a purchase order will be issued to the Contractor. The Contractor shall then commence work and proceed in accordance with the approved schedule. Payment for each project shall be based on actual quantities used and hourly prices from the bid, as approved by the Authority. 2. The approved quote amount on any individual work order shall be the maximum compensation payable to the Contractor for that work order. The work order price may only be changed for altered quantities authorized by the Authority. If the Contractor desires to make a claim for a change in quantity or schedule of an authorized work order, any such claim shall be submitted to the Authority in writing within three (3) business days of the occurrence of the event giving rise to the claim. 211Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps B. If the cost of repairs that are in excess of $5,000 equals or exceeds 65% of the cost of a new pump, the cost of a new pump shall be included with the project quote. The Authority will then determine if it is in the best interest of the Authority to purchase a new pump or approve the repairs needed. C. If the Authority decides to purchase a new pump, the old pump will be returned to the Authority for salvaging of useable parts. 3.6 CONTRACTOR'S EQUIPMENT A detailed list of the Contractor's equipment, including model and year, shall be submitted with the Contractor's bid. Examples of list include any vehicles, trucks/cranes, video equipment, and other essential equipment necessary to complete repairs. The Authority reserves the right to independently check equipment. The Contractor's equipment shall be maintained as to minimize the amount of down time. 3.7 HOURLY RATES A. Business Hours — The Contractor shall provide a fixed hourly rate for work done during regular business hours, Monday through Friday, 7:30 a.m. to 5:00 p.m., excluding Authority holidays. B. After Hours/Emergency Services: The Contractor shall provide a fixed hourly rate for work done outside of the regular Business Hours above (evenings, weekends, holidays, and emergencies). The Contractor shall have the ability to receive emergency notifications twenty-four (24) hours per day, seven (7) days per week. The Authority reserves the following holiday schedule: New Year's Day Martin Luther King Jr. Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Christmas The Contractor shall provide the name of the contact person and phone number for emergency contact in the space provided on the bid form. Once the Authority issues a call for emergency service, the Contractor must be able to reach the site of the emergency within four (4) hours, or shall demonstrate that conditions were such that travel to the site would be extremely hazardous or there was some extraordinary impediment preventing travel to the site. Should this be the case, the Contractor is required to immediately contact the requestor of the emergency service and communicate the problem. Emergency services and after-hours services must be authorized by an Authority representative. The Authority, shall accept no proposal with a minimum charge stipulation. NOTE: Man hours paid under this Contract shall be only for productive hours on the job site. Time spent for transportation of workers, material acquisition, handling and delivery, or for movement of the Contractor's owned or rented equipment is not chargeable directly but is overhead and all costs shall be included in the fixed hourly rates. 3.8 PUBLIC EMERGENCIES It is hereby made a part of this bid that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God, Toho Water Authority shall require a "First Priority" for goods and services. It is vital and imperative that the health, safety, and welfare of the citizens within the Authority's service area are protected from any emergency situation that threatens public health and safety as determined by the Authority. The Bidder agrees to rent/sell/lease all goods and services to the Authority or governmental entities on a "First Priority" basis. The Authority expects to pay contractual prices for all products and/or services under the awarded Agreement in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. Should the Bidder provide the Authority with products and/or services not under the awarded Agreement, the Authority expects to pay a fair and reasonable price for all products and/or services rendered or contracted in the event of a disaster, emergency, hurricane, tornado, flood, or other acts of God. 221Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps 3.9 CONTRACTOR POINT OF CONTACT The Contractor shall provide the Authority with a twenty-four (24) hour point of contact to include name and phone number, which will be able to meet the requirements stated in this Contract. 3.10 REPAIRED EQUIPMENT WARRANTY The Contractor shall fully warrant all NEW equipment furnished hereunder against defect in materials and workmanship for a period of five (5) years from the date of repair OR 10,000 hours after delivery and acceptance by the Authority. The warranty must include seals, sensors, bearings, and rewinds of the repaired equipment. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the Contractor shall repair or replace same at no cost to the Authority, immediately upon written notice from the Authority. The Contractor shall fully warrant all parts for a period of one (1) year from delivery and acceptance in accordance with manufacturer's warranty The Contractor shall fully warrant all repairs against defects in materials and/or workmanship for a period of one (1) year from delivery and acceptance. All warranty provisions of the Uniform Commercial Code (UCC) shall additionally apply. 3.11 EQUIPMENT REQUIREMENTS A. Unavoidable Degradation: During the course of repair, if any damage is found which cannot be fully repaired, the Authority's approval is required before proceeding. Likewise, if any repair is indicated which may result in a permanent degradation of efficiency or other performance parameters, the Authority's approval is required before proceeding. B. Operating Environment: If the pump operates in severe environmental conditions, it will be indicated on the accompanying Quote. No repair methods or materials may be used which make the equipment more vulnerable to these conditions than it was as originally built. 3.12 DOCUMENTATION The Contractor will keep a copy of the Quote and Final Invoice in their file for a particular job for up to three (3) years from date of delivery. 3.13 SAFETY The Contractor shall be responsible for the safe conduct of his/her personnel during the execution of the work detailed herein. The Contractor shall meet or exceed the standards set for by the Occupational Safety and Health Administration (OSHA) and requirements established by the Federal, State, and Local agencies. Should an unsafe condition be identified during the execution of this work, the Contractor will immediately suspend such activity until a safe method can be employed. 3.14 LICENSES Bidder to submit with bid copies of all required license(s), including an Osceola County Local Business Tax Receipt (formerly known as an Occupational License). All licenses shall have the current name and address of bidder and be current/valid at the time of bid opening and shall be maintained throughout the contract term, including extension(s), if applicable. The awarded Contractor shall comply with all Federal, State, and Local rules, regulations, and licensing requirements. Bidder may also submit copies of any other licenses or certificates which further demonstrate his/her capabilities. 3.15 MANUALS An operation and maintenance manual shall be delivered with each piece of new equipment and be available on CD and/or online. The cost of the manual shall be included in the unit price. 231Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps 3.16 STAFFING REQUIREMENTS At all times during the term of this contract, the Contractor shall have in his employment a minimum of two (2) technicians to perform the service under this contract. Technicians shall have performed maintenance/repair on similar equipment for at least two (2) years. Technicians shall be in the Contractor's employment at the time of the Contractor submitting their bid. END OF SECTION 3 241Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps SECTION 4 4.0 SPECIAL TERMS AND CONDITIONS 4.1 PRECEDENCE IN TERMS In the event of a conflict, the Special Terms and Conditions shall take precedence. 4.2 ALTERNATE BIDS NOT ACCEPTED If two different bids are included in a single envelope, both will be rejected at the bid opening. 4.3 INCURRED EXPENSES This IFB does not commit the Authority to award a contract, nor shall the Authority be responsible for any cost or expense which may be incurred by the bidder in preparing and submitting the Submittal called for in this IFB, or any cost or expense incurred by the bidder prior to the execution of a contract agreement. 4.4 BANKRUPTCY/INSOLVENCY At the time of bid submittal, the Successful bidder shall not be in the process of or engaged in any type of proceedings in insolvency or bankruptcy, either voluntary or involuntary, or in receivership proceedings. If the Successful bidder is awarded a contract for six (6) months or longer, and files for bankruptcy, insolvency or receivership, the Authority may, at its option, terminate and cancel said contract, in which event all rights hereunder shall immediately cease and terminate. 4.5 INDEPENDENT CONTRACTOR STATUS AND COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL ACT OF 1986 The Contractor is and shall remain an independent Contractor and is neither agent, employee, partner, nor joint venture, of the Authority. Contractor acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located at 8 U.S.C. 1324 et. Seq., and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach and shall be grounds for immediate termination of the contract, at the discretion of the Authority. 4.6 INVOICE/PAYMENT Invoices for payment shall be emailed to the Toho Water Authority at accountspayable(ri)tohowater.com. The Authority will endeavor to make a payment on a correct invoice within 30 days after receipt of an invoice acceptable to the Authority. The Contractor shall submit invoices upon acceptance by the Authority. Invoices shall include, but are not limited to the following: • Contractor's name • Contractor's address and phone number • The Authority's Purchase Order Number and Contract Number • Date of delivery • Itemized description and contract pricing 4.7 CERTIFICATE OF INSURANCE Before performing any contract work, the Successful Bidder shall procure and maintain, during the life of the contract, unless otherwise specified, insurance listed below. The policies of insurance shall be primary and written on forms acceptable to the Authority and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum financial AM Best Company rating of no less than "A — Excellent: FSC VIL" No changes are to be made to these specifications without prior written specific approval by the Authority Procurement Services Department. A. Worker's Compensation: The Successful bidder will provide Worker's Compensation coverage for all employees at the site location and in case any work is subcontracted, will require the successful Offeror to provide Worker's Compensation for all his employees. The limits will be statutory for Worker's Compensation and $1,000,000.00 for Employer's Liability. 251Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps B. Comprehensive General Liabili : The Successful bidder will provide for all operations including, but not limited to Contractual and Products Completed Operations. The limits will not be less than $1,000,000.00. C. Comprehensive Automobile Liability: The Successful Offeror will provide coverage for all owned and non - owned vehicles for limits not less than $1,000,000.00. D. Umbrella Liability: The Successful bidder will provide an umbrella in excess to the coverage in paragraphs B and C of not less than $1,000,000.00. E. Hazardous Materials Insurance: For the purpose of this section, the term "hazardous materials" includes all materials and substances that are now designated or defined as hazardous by Florida or Federal law or by the rules and regulations of Florida or any Federal Agency. If the work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this contract, no further work is to be performed in the area of the hazardous material until the Authority has been consulted as to the potential need to procure and maintain any or all of the following coverage through an addendum to the contract. The Authority shall retain the right to review, at any time, coverage from, and amount of insurance. The procuring of required policies of insurance shall not be construed to limit the Contractor liability or to fulfill the indemnification provisions and requirement s of this Contract. The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Contract and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject, whether or not the Authority is an insured under this policy. Contract award will be subject to compliance with the insurance requirements. Certificates of insurance evidencing coverage and compliance with the conditions to this Contract, and showing the Authority's proposal number, if any, and description of work, and copies of all endorsements are to be furnished to the Authority's Procurement Services Department prior to commencement of work, and a minimum of ten (10) calendar days after the expiration of the insurance contract when applicable. All insurance certificates shall be received by the Authority's Procurement Services Department before the Contractor shall commence or continue to work. All policies required by this Contract, with the exception of Professional Liability and Workers' Compensation, or unless specific approval is given by the Authority, are to be written on an occurrence basis, shall name the Authority as additional insured as their interest may appear under this Contract. 4.8 RIGHT TO REQUIRE PERFORMANCE The failure of the Authority at any time to require performance by the bidder of any provision thereof shall in no way affect the right of the Authority thereafter to enforce same, nor shall waiver by the Authority of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. In the event of failure of the bidder to deliver services in accordance with the contract terms and conditions, the Authority, after due written notice, may procure the service from other sources and hold the bidder responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the Authority may have. 4.9 ESTIMATED EXPENDITURE Due to unpredictable needs, the Authority is unable to provide an exact usage amount for any item. A wide variance in actual expenditures can be expected due to "as -needed" or "emergency" situations. Therefore, no guarantee is given or implied as to the total quantity or dollar value of this bid. Contract award will not guarantee or obligate the Authority to a specific dollar expenditure. END OF SECTION 4 261Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps SECTION 5 5.0 SUBMITTAL FORM REQUIREMENTS Submit in following order: A. One (1) completed original and one (1) copy of bid submittal, plus an electronic copy saved on CD (preferred) or memory stick B. Any addenda issued subsequent to the release of this solicitation must be signed and returned with the firm's bid. Failure to return signed addenda may cause for the Bid to be considered non -responsive. C. Drug Free Workplace Certification D. List at least three (3) recent references where the proposed product or service has been used within the past 5 years on the Reference Form E. If a vendor must subcontract any portion of a contract for any reason, he must state the name and address of the subcontractor and the name of the person to be contacted. The Authority also reserves the right to reject a bid or any bidder if the bid names a subcontractor who has previously failed to deliver on time contract of similar nature or who is not in a position to perform properly this award. The Authority reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. (Not allowed for this bid.) END OF SECTION 5 271Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 ADDENDUM PROCUREMENT SERVICES Tolho 1 1628 S. John Young Parkway Water Kissimmee, Florida 34741t'�1 SECTION 6 REVISED BID FORM DATE: November 6_, 2019 Have you supplied all the Submittal Requirements outlined below? 62 One (1) original and one (1) copy of the Bid Forms, plus an electronic copy saved on CD or memory stick Any addenda pertaining to this solicitation Drug Free Certification ® References (3) ❑ List of Possible Subcontractors (Not allowed for this bid.) ® Certificate(s) of Insurance (evidencing coverage as required) [� Copy of proper professional licenses or credentials including local business tax receipt Contractor's Equipment List per Section 3.6 Item I Description Pre -performance testing in accordance 1 with Specifications Mobilization/demobilization, remove pump, column assembly, etc. from well, disassemble, complete inspection & report, reassemble and reinstall pump, etc., back into well, including site 2 restoration Disinfection of water supply well in 3 accordance with Specifications Post -performance testing in accordance 4 with specifications Complete well casing cleaning & video - recorded inspection of well in accordance 5 with Specifications Business hourly charge for well pump 6 handlin& rig & crew Business hourly charge for service truck 7 and crew Business hourly charge for shop technician(s) for pump repair shaft 8 alitmment. etc. Est. Unit Cost Extended Quantity I j Price Unit EA 1 12 I $ 2,500 I $ 30,000 EA 6 $ 8,500 $ 51,000 EA 12 $ 2,200 $ 26,400 EA 12 $ 2,500 $ 30,000 7,000 84,000 EA 12 $ $ HR 120 $ 295 $ 35,400 HR 120 $ 200 $ 24,000 110 8,800 HR 80 $ $ Page 3 of 5 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 ADDENDUM #1 Item J Description PROCUREMENT SERVICES 1628 S. John Young Parkway Kissimmee, Florida 34741 Unit Est. Unit Cost Quantity 350 Tohe Water Aath®rtty Z,. Extended Price 16,800 nusmess ❑ouny geopnysicai ioggmg trucx 9 & o erator for water qu*ty testing HR 48 $ $ After Hours/Emergency hourly charge for 10 well um handlingripand crew HR 24 $ 305 $ 7,320 After Hours/Emergency hourly charge for 11 service truck and crew HR 12 $ 205 $ 2,460 After Hours/Emergency hourly charge for 150 900 shop technician(s) for pump repair shaft 12 alignment, etc. HR 6 $ $ 13 Labor and materials for closure of 4" well LUMP SUM 1 $ 8,500 $ 8,500 14 Labor and materials for closure of 8" well LUMP SUM 1 $ 14,000 $ 14 000 ' Mechanical Integrity Testing (Packer 15 Testing)EA 6 $ 25 000 $ 150 000 ' TOTAL BASE BID: $ 489,580.00 16 Fixed % Mark -Up for replacement parts % (not to exceed 10%) 10% % These estimated quantities are for evaluation purposes only. All prices quotes are good for a period of 90 days. Failure of the Bidder to provide pricing for all unit priced items and/or the Base Bid and ALL requested additive/deductive bid items, or alternate bids, may be cause for rejection of the bid as non -responsive. Emereenc►, and Non- Emergency Contact Information: Name: Gregory Schultes Title: Vice President Address: 11865 US Highway South City: Gibsonton State: FL Phone: 813-741-3010 Fax: 813-741-3170 _ Zip: 33534 Email: greg.acsfl@verizon.net (Signature page follows) Page 4 of 5 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 ADDENDUM PROCUREMENT SERVICES Thy, 1 1628 S. John Young Parkway Authe—E.V, / Kissimmee, Florida 34741s�"" l ® We do not take exception to the Scope of Work ❑ We take exception to the Scope of Work as follows: The Authority reserves the right to reject any or all bids, to waive informalities, and to accept all or any part of any bid as they may deem to be in the best interest of the Authority. The Undersigned Agrees: A. To accept the stipulation of all Terms and Conditions and Specifications including delivery and other provisions. B. To enter into and execute a Contract if awarded on the basis of this Bid. C. To accomplish the work in accordance with the Bid documents and Specifications. Company Name: A.C. Schultes Of Florida, Inc Address: 11865 US Highway South City: Gibsonton State: FL Print Name: Gregory Schultes Telephone: 813-741-3010 Fax: 813-741-3170 Federal Tax ID: 14-187118 Signature: END OF Zip: 33534 Title: Vice President Email: greg.acsfl@verizon.net Date: 11 /6/2019 1O Page 5 of 5 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 I1713-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps ATTACHMENT A "NO BID" RESPONSE FORM If for some reason you are not participating in this solicitation, PLEASE complete the following and return to: Procurement Services Department Toho Water Authority 1628 S. John Young Pkwy Kissimmee, FL 34741 DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor file. Company Name: Address: Phone Number: Fax Number: �) Large Business _ Small Business _ Minority Owned Reason for no response to the solicitation: Cannot supply at this time Suitable, but engaged in other work Quantity too small Cannot meet required minimum Opening date does not allow sufficient time to complete Equivalent not presently available Other reasons or remarks: N/ A Signature Print Name 311Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps ATTACHMENT B DRUG FREE WORKPLACE COMPLIANCE FORM IDENTICAL TIE BIDS Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. nd s igriature r r S es Grego Print Name 32�Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps ATTACHMENT C REFERENCES The following information is required in order that your Bid may be reviewed and properly evaluated. Bidder/Contractor Company Name: A.C. Schultes of Florida, Inc. Length of Time Company has been in Business: 16 Years Business Address: 11865 US Hwy 41 South, Gibsonton, FL 33534 Telephone Number: 813-741-3010 Fax Number: 813-741-3170 Total number of current employees: 16 Full time: 16 Part time: 0 Number of employees you plan to use to service this contract: 4 References: 1. COMPANY NAME: LAy-ofNaples ADDRESS: 1450 4th Ave N #900 Naples, FL 34102 . CONTACT PERSON: Robert Casey TELEPHONE: (239 _ 213 _ 4732 FAX: (239 ) - 213 - 1033 E-MAIL: rcasey(& nap lesgov. com DESCRIPTION OF WORK PERFORMED: Remove old high service pump and motor and replace it with a new VTP pump and motor. Install new discharge piping, valves, and fittings. DATE RANGE: 1/2006 - 12/2006 CONTRACT AMOUNT: $210,000.00 2. COMPANY NAME: Pasco County ADDRESS: 7536 State Street, Suite 221, New Port Richey, Florida 34654 CONTACT PERSON: Maynard Vickers TELEPHONE: 813 ) - 235 _ 6194 Ext. 6920 FAX: (813 ) _ 929 _ 1067 E-MAIL: mvickers@pascocountyfl.net DESCRIPTION OF WORK PERFORMED: Pump service and well rehab contract. Remove, inspect, refurbish/replace pump assemblies (VTP and submersible). Scrub well casing, well abandoments, video logging, etc. DATE RANGE: 11 /2018 - 11 /2021 CONTRACT AMOUNT: $112, 800.00 331Pagc DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 3 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps COMPANY NAME: City of Cape Coral ADDRESS: 1200 Kismet Pkwy W. Cape Coral, FL 33993 CONTACT PERSON: Martin Mantell TELEPHONE: 239 - 574 _ 0532 FAX: i 239 ) - 242 - 3898 E-MAIL: mmantell@capecoral.net DESCRIPTION OF WORK PERFORMED: Remove old high service ,pumps (4) and replace with new. Install new piping, valves, air relief valves, and electrical. New concrete pedestals and pipe supports. DATE RANGE: 4/2018 - 1 /2019 CONTRACT AMOUNT: $232.850.00 4. COMPANY NAME: Toho Water Authority ADDRESS: 1628 S John Young Parkway Kissimmee, FL 34741 CONTACT PERSON: Robert Newberry TELEPHONE: L 407 1 - 944 - 3826 FAX:- E-MAIL: rewberry@tohowater.com DESCRIPTION OF WORK PERFORMED: Mobilization/demobilization, remove pump, column assembly, etc. from well, disassemble, complete inspection & report, reassemble & reinstall pump, etc., back into well, including site restoration. Disinfection of water supply well in accordance with Specifications. New American Marsh Pump 12HCA-2 / New lineshafts / Sandblast and epoxy coat all column pipe / Provide one new top column / Refurbish stuffing box / Sandblast and paint discharge head / New 28" x 28" x 1" base late wth bolts and accessories DATE RANGE: 12/2016 - 3/2017 CONTRACT AMOUNT: $30,572.35 5. COMPANY NAME: City of Cape Coral ADDRESS: 1200 Kismet Pkwy W. Cape Coral, FL 33993 CONTACT PERSON: Chris Caglioti TELEPHONE: t 239 } - 242 - 3427 FAX: '(239 } - 242 - 3429 E-MAIL: ccagliot@capecoral.net DESCRIPTION OF WORK PERFORMED: Salt kill well to remove and replace submersible pump,Acidize, pump develop,and geophysical logging on 5 existing wells. Remove submersible pumps, conduct acidization and reinstall DATE RANGE: CONTRACT AMOUNT: 341Page 9/2018 - 4/2019 $536, 910.00 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps EXHIBIT 1 TOM WATER AUTHORITY WATER SUPPLY WELLS DATASHEET 361Paae DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 TABLE 1 TOHO WATER AUTHORITY WELL CONDITION SURVEY ACTIVE POTABLE WATER SUPPLY WELLS Well ID Wellfield Year Constructed Casing Diameter (inches) Casing Depth (ft bmp) Total Depth (ft bmp) 2-1 Peabody 1984 12 146 502 2-2 Peabody 1990 12 146 470 2-3 Peabody 1999 12 153 400 4-3 Bella Lago (WTP#6) 2002 16 160 500 4-4 Bella Lago (WTP#6) 2003 16 162 541 5-1 Huron 1988 12 225 502 5-2 Huron 1980 12 190 666 5-5 Huron 2002 17 400 902 BLE-1 Bay Lake Estates 1986 8 271 505 BLE-2 Bay Lake Estates 2017 16 250 550 BVL-1 Buenaventura Lakes 1974 12 250 689 BVL-2 Buenaventura Lakes 1979 16 251 749 CW-1 Camelot West 1987 16 201 385 CW-2 Camelot West 1995 24 201 500 H-1 Harmony 2000 18 305 560 H-2 Harmony 2000 18 1 305 530 HG-1 Hidden Glen 1994 4 79 101 IC-1 Intercession City 1924 4 78 208 IC-2 Intercession City 1983 8 84 225 NB-1 North Bermuda 1969 16 278 458 NB-2 North Bermuda 1969 16 281 1195 NB-4 North Bermuda 1997 20 270 505 NB-5 North Bermuda 1997 20 260 508 NB-6 North Bermuda 2000 20 365 670 NW-1 Northwest Kissimmee 1972 12 147 375 NW-2 Northwest Kissimmee 1973 12 195 367 NW-3 Northwest Kissimmee 1997 14 415 608 NW-4 Northwest Kissimmee 1999 16 215 510 P-1 Parkway 1972 12 185 414 P-2 Parkway 1973 12 290 430 P-3 Parkway 1997 20 290 515 P-4 Parkway 2007 20 300 502 SW-1 Southwest 2004 24 155 390 SW-2 Southwest 2004 24 153 417 Well 1 Springlake Village 1991 8 255 454 Well 2 Springlake Village 2001 12 396 558 bmp = Below measuring point DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 IFB-19-122 Maintenance & Repair Services for Water Supply Wells & Well Pumps EXHIBIT 2 SANITARY SURVEY REPORT 371Page DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 State of Florida Department of Environmental Protection Central District SANITARY SURVEY REPORT Plant Name INTERCESSION CITY County Osceola PWS ID # 3490673 Plant Location 5551 Myakka Intercession City FL 33848 _ Phone ---- Owner Name Tohh2 ekali a Water Authority Phone 407-518-0613 Owner Address 101 North Church Street, Kissimmee. FL 34741 _ Contact Person Scott Fick Title Env. Specialist Phone 407-518-2256 This Survey Date 10/27/04 Last Survey Date 5/30/01 Last C.I. Date 11/12/03 PWS TYPE & CLASS ® Community (5C) ❑ Non -transient Non -community ❑ Non -Community PWS STATUS ® Approved system with approval number & date "As Builts" 12/10/85(Orivinal WTP in 1920's) WC49-16887 12/10/90 ❑ Unapproved system SERVICE AREA CHARACTERISTICS Subdivision Food Service: ❑ Yes ❑ No ® N/A OPERATION & MAINTENANCE Certified Operator: ® Yes ❑ No ❑ Not required Operator(s) & Certification Class -Number Tim Greeory A-6472 Lead/Chief Operator Other Operators Rotate (see MOR). O & M Log: ❑ Yes ❑ No ❑ Not required Operator Visitation Frequency Hrs/day: Required Actual Days/wk: Required 6 Actual 6 Non-consecutive Days? ❑ Yes ❑ No ® N/A MORs submitted regularly? ® Yes ❑ No ❑ N/A Data missing from MORs? ® No ❑ Yes ❑ N/A Number of Service Connections 248 Population Served 667 Basis 8/04 MOR Average Day (from MORs) 45,604 gpd Max. Day (from MORs) 157,000 gpd 1/04 Max -day Design Capacity _ 198,000 cud Comments COMET: SITE ID PROJECT ID RAW WATER SOURCE ® GROUND; Number of Wells 2 ❑ SURFACE/UDI; Source ❑ PURCHASED from PWS ID # ❑ Emergency Water Source Emergency Water Capacity AUXILIARY POWER SOURCE ® Yes ❑ None ❑ Not Required Source Cummins Diesel Generator Capacity of Standby (kW) 60 Switchover: ❑ Automatic ❑ Manual Standby Plan: ❑ Yes ❑ No Hrs Operated Under Load 1 What equipment does it operate? ® Well pumps Both ❑ High Service Pumps ® Treatment Equipment All Satisfy 1/2 max -day demand? ®Yes ❑No ❑Unk Comments TREATMENT PROCESSES IN USE Disinfection What additional treatment is needed? None at this time For control of what deficiencies? DISTRIBUTION SYSTEM Flow Measuring Device Flow Meter Meter Size & Type 3/4 inch/4inch Hi-Lo Nggtune Backflow Prevention Devices: ® Yes ❑ No Cross -connections None observed Written Cross -connection Control Program: Yes Coliform Sampling Plan: ® Yes ❑ No ❑ N/A Comments DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 PWS ID # 34900673 Date 10/27/04 GROUND WATER SOURCE Well Number 1 (main) 2(backup) Year Drilled 1983 — 1924 Depth Drilled 227 ft — 225 ft Drilling Method Rotary Unknown Type of Grout Portland it Static Water Level 2 ft 10 inch it Pumping Water Level loft it Design Well Yield 200 gpm it Test Yield 620 gpm it Actual Yield (if different than rated capacity) 200 gpm it Strainer Open hole It Length (outside casing) 84 ft it Diameter (outside casing) 8 inch 4 inch Material (outside casing) Steel Steel Well Contamination History None None Is inundation of well possible? No No 6' X 6' X 4" Concrete Pad Yes Yes Septic Tank > 100 ft 50 ft (accepted) SET BACKS Reuse Water WW Plumbing > 100 ft Within 100 ft Other Sanitary Hazard Type None observed None observed VT Submersible Manufacturer Name Worthington Sta-Rite PUMP Model Number R-2987-01-270-C Unknown Rated Capacity (gpm) 75 200 Motor Horsepower 5 30 Well casing 12" above grade? Yes Yes Well Casing Sanitary Seal Yes OK Raw Water Sampling Tap OK OK Above Ground Check Valve Yes Yes Fence/Housing Fence Fence Well Vent Protection Yes --- COMMENTS DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 CHLORINATION (Disinfection) Type: ❑ Gas ® Hypo Make Stenner 45MHP22 Capacity 22 gpd Chlorine Feed Rate Avg. Amount of Cl2 gas used N/A Chlorine Residuals: Plant --- Remote 0.6 Remote tap location 1682 Wile Ave DPD Test Kit: ❑ On -site ® With operator ❑ None ❑ Not Used Daily Injection Points Prior to PT Booster Pump Info (2) Goulds Model 25GBC10 Jet Pumps at 1 HP each. Comments Chlorine Gas Use Requirements YES NO Comments Dual System ❑ ❑ Auto-switchover ❑ ❑ Alarms: Loss of Cl2 capability Loss of Cl2 residual Cl2 leak detection ❑ ❑ ❑ ❑ ❑ ❑ Scale ❑ ❑ Chained Cylinders ❑ ❑ Reserve Supply ❑ ❑ Adequate Air-pak ❑ ❑ Sign of Leaks ❑ ❑ Fresh Ammonia ❑ ❑ Ventilation ❑ ❑ Room Lighting ❑ ❑ Warning Signs ❑ ❑ Repair Kits [_; ❑ Fitted Wrench ❑ ❑ Housing/Protection ❑ AERATION (Gases, Fe, & Mn Removal) Type N/A Capacity Aerator Condition Bloodworm Presence Visible Algae Growth Protective Screen Condition Comments PWS ID # 3490673 Date 10/27/04 STORAGE FACILITIES (G) Ground (H) Hydropneumatic (E) Elevated (B) Bladder (C) Clearwell Tank Type/Number H Capacity (gal) 5,711 Material Steel Gravity Drain Yes By-pass Piping Yes Pressure Gauge Yes Sight Glass or Level Indicator Yes Fittings for Sight Glass Yes Protected Openings Yes PRV/ARV Both On/Off Pressure 40/60 Access Padlocked Yes Height to Bottom of Elevated Tank N/A Height to Max. Water Level N/A Comments HIGH SERVICE PUMPS Pump Number N/A Type Make Model Capacity (gpm) Motor HP Date Installed Maintenance Comments DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 PWS ID # 3490673 Date 10/27/04 MONITORING VIOLATIONS MCL VIOLATIONS DEFICIENCIES: DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 NO PHYSICAL DEFICIENCIES NOTED AT THE TIME OF INSPECTION. Inspector Approved by _ Title Title Env. Specialist I Date 11 /8/C DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 EQUIPMENT LIST E-58 16K gal. Dumpster E-59 Mud System E-60 Alignment Tool E-61 GASO Duplex Pump 1654C E-62 Brown Mud Tank n/a E-63 Green Mud Tank n/a E-64 Delco Generator E5398 M.A. E-65 375 Air Compressor 2007 XP375WIR E-66 Bobcat 250 Gas Welder 2014 Miller Bobcat 250 E-67 Yelomine Certal-ok pipe 2015 Yelomine 10" E-68 75HP Submersible pump 2013 AM E-69 150HP Submersible pump 2015 AM E-70 400/200 Ingersoll Rand air 2007 VHP400WIR compressor E-71 WhisperWatt 25 2011 Multiquip DCA-25SSI 19-29 KVA Generator E-72 2,000 GPM @ 250' VTP 2015 12WC- 4 Stage 12WC - 4 Stage American Marsh E-73 Bobcat 250 Gas Welder 2016 Miller Bobcat 250 E-74 Doosan HP375 Compressor 2013 P425/HP375WCU-T4i E-75 Komatsu Backhoe WB146 2007 WB146 E-76 Kawasaki65ZV 2004 65ZV E-78 PowerMax 85 Plasma Cutter 2018 PowerMax 85 E-79 Atlas Copco Air Compressor 2010 XAHS 900 CD6 F-25 Isuzu 2008 NPR F-27 Isuzu 2009 NPR F-28 Ford 2014 F150 White F-29 Ford 2014 F150 White F-30 Ford 2017 F550 White Utility Body F-31 Ford 2018 F150 White F-32 Ford 2018 F150 White P-08 Crane Truck 1998 Mack P-09 Crane Truck 2016 lFreiahtliner 108SD TRAILERS T-01 OFI (Tanker) 1980 Tanker T-02 Flatbed (Rod trailer) 1973 Fruehauf Trlr T-03 Tow Behind 1996 Hudson Trlr T-04 Tow Behind (Blue) 1998 Homemade Trlr T-06 Tow Behind 2003 Iron Dog T-08 Dog House 1977 Dog House Trailer T-09 Flat Bed 1990 Miller T-10 Flat Bed 1990 Miller T-11 TB (Lowboy) 1991 Etnyre T-12 Flat Bed 1990 Miller T-13 TB (Red Doghouse) 1996 Pace T-14 Flat Bed 1971 Fruehauf Trlr T-15 Tow Behind 2007 Loudo T-16 TB (Generator) 2007 Loudo T-17 Flat Bed 1983 Grt.Dayne 42' Flat T-18 Lowboy (for mud tank) 1960 Amer (lowboy) T-19 Flatbed Trailer 1970 Frueh (Rotary) T-20 Dog House 1989 Mono T T-21 Dog House 1988 Frueh T-22 Flatbed 1981 Frueh T-23 Doghouse 1988 Great Dane 40' box T-24 Towbehind for Grout pump 2005 Millenium / M9D24P T-25 Flat Deck Trailer 2005 Fontaine T-26 Flat Deck Trailer 2006 Great Dane T-27 Dragon Frac Tank / 21,000 gal 2006 Dragon T-28 Dragon Frac Tank / 21,000 gal 2006 Dragon T-29 Dragon Frac Tank / 21,000 gal Dragon T-30 Flat Bed - 24 footer 2018 FlatBed Trailer/TG14K24-OTW T-31 Flat Bed - 24 footer 2018 FlatBed Trailer/TG14K24-OTW T-32 Flat Bed 1994 FlatBed Trailer/FTW-5-8048WSAK T-33 Flat Bed 1994 FlatBed Trailer/FTW-5-8048WSAK T-34 Flat Bed 1993 FlatBed Trailer/FS2CHE DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 �t J kk Voter WeHNContrqctor'�' � S6u hwest Florida Water � M—ana_' e `c- meet Dzstrzct Certifies That t Gregory L. Schultes FIRS AJEl *DVL_Y LICENSED AS,A WATER `WELL CONTRACTOR IN-M STATE OF, FLOR -A s 1r-- t -"r,_ LICENSE N AIMER 9377 July 31, 2021 Expiration Date Well Construction Section Water Use Permit Bureau DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 RICK SCOTT, GOVERNOR JONATHAN IACHEM, SECRETARY bfD-r a •�"bn�rlet (- STATE OF FLORIDA DEPARTMENT OF BUSINES&AO-PROFESSIONAL REGULATION CONSTRUCTION Ns G BOARD THE GENERAL t01RE1 9 GERTI,f UNDER THE PROVISi.xT ER4UTES TES GREG.19-R-YY`1R�i Ii Trtl` A G 5 i �t�r E IEA v CIR.E fir, ?ALML,s4221-9� LICENSE NUMBER: CGUSi4 2 EXPIRATION DATE: AUGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. ■ This is your license. It is unlawful for anyone other than the licensee to use this document. DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 A� ® CERTIFICATE OF LIABILITY INSURANCE DATE 6/26/2019 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Odell Studner Group, LLC PHONE Alexis Gil Sadowski FAX 200 North Warner Road, Ste 450 IA/C. No, E�),484-586-3900 _ (AIC, Nol: 484-586-3955 E-MAIL King of Prussia PA 19406 ADDRESS: info@odellstudner.com INSURE S AFFORDING COVERAGE NAIC # _ INSURER A: Zurich American Insurance Co 16535 INSURED INSURER B : Travelers Prop Cas Co of Amer 25674 A.C. Schultes of Florida, Inc. 11865 US Highway41 South INSURERC: Gibsonton FL 33534 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NLIMRFR- 1799117R11 RGVICIr1N All IMRFR- 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 ADD L SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER IMMIDDIYYYYI IMMIDDNYYYlLIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y GL0038070904 7/1/2019 7/1/2020 EACH OCCURRENCE ES RENTE REMI PREMISES Ea occurrence $ 1,000,000 $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � JECOT- LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY X ANY AUTO Y BAP038071004 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT Ea accident $ 000 000 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOSNON-OWN BODILY INJURY Per accident ( ) $ X HIREDAUTOS X AUUTOS ED PeoacEcitlentDAMAGE $ B X UMBRELLA LIAB X OCCUR ZUP91M3584519NF 7/1/2019 7/1/2020 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DIED X I RETENTION $ 10.0W 1 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WC038070804 7/1/2019 7/1/2020 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER ER EXCLUDED? ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,o00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Berkley Assurance Company (NAIC#39462) Policy # BCAP50062530719 - Pollution Liability - $2,000,000 Each Occurrence/$2,000,000 Aggregate - Deductible $10,000. Policy Term 07/01/2019 to 07/01/2020 Evidence of Coverage VCR I Irl%oP% 1 C r1ULUCr[ t ANk rI_LA I IUN Evidence of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 9)1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 ADDENDUM #1 PROCUREMENT SERVICES 1628 S. John Young Parkway Kissimmee, Florida 34741 Toho Water Authority v— To: All Proposers From: Terry Park, Procurement Services Subject: IFB-19-122 Maintenance and Repair of Water Supply Wells and Well Pumps Date: October 29, 2019 This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or to answer questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as if set forth therein. All other parts of the IFB have been maintained as originally distributed. This addendum supersedes any verbal or other instructions given to any bidder qualified to respond pursuant to the requirements set forth in this Invitation for Bid document. QUESTIONS AND ANSWERS: 1) Question: Can we perform acidization for bacterial remediation and cleaning of wells, if requested by TWA? Answer: If requested by TWA's representative, this work can be performed with cost based on number of hours at bid labor rates and materials at bid mark-up percentage. 2) Question: Can we convert packing glands to mechanical seals, if requested by TWA? Answer: See answer to Question #1. 3) Question: Can we take required samples when needed? Answer: See answer to Question #1. 4) Question: Can we perform Packer Testing and/or Mechanical Integrity Testing, if TWA requests? Answer: If requested by TWA's representative, this work can be performed with cost per each well. We estimate we have six wells total that we may request this service for, with one or two wells to be tested annually. NOTE: THE BID FORM HAS BEEN REVISED TO INCLUDE THIS LINE ITEM (ITEM #15). PLEASE SUBMIT THE REVISED BID Page 1 of 5 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 ADDENDUM #1 PROCUREMENT SERVICES The Mter 1628 S. John Young Parkway Kissimmee, Florida 34741 FORM, ATTACHED TO THIS ADDENDUM, WHICH REPLACES THE ORIGNAL BID FORM IN ITS ENTIRETY. DO NOT SUBMIT THE ORIGINAL BID FORM. SUBMITTALS RECEIVED ON THE ORIGINAL__ BID FORM CANNOT BE ACCEPTED. II. DATE: The due date remains unchanged. Tohopekaliga Water Authority (TWA) will receive sealed Bids from Prospective Bidders until 2:00 PM on Thursday, November 7, 2019. Acknowledgment is hereby made of p"Adendum #1. A Signature of Proposer Date Cc: File Attachment Page 2 of 5 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 Exhibit B ADDENDUM PROCUREMENT SERVICES T""" Water 1628 S. John Young Parkway Authorl:.`j� # 1 Kissimmee, Florida 34741!e(� SECTION 6 REVISED BID FORM DATE: November 6 , 2019 Have you supplied all the Submittal Requirements outlined below? One (1) original and one (1) copy of the Bid Forms, plus an electronic copy saved on CD or memory stick Any addenda pertaining to this solicitation Drug Free Certification References (3) ❑ List of Possible Subcontractors (Not allowed for this bid.l Certificate(s) of Insurance (evidencing coverage as required) Copy of proper professional licenses or credentials including local business tax receipt Contractor's Equipment List per Section 3.6 ` Est. Unit Cost Extended Quantity Price Item Description Unit 2 500 Pre -performance testing in accordance 30,000 1 with Specifications EA 12 $ _ $ Mobilization/demobilization, remove pump, column assembly, etc. from well, disassemble, complete inspection & report, reassemble and reinstall pump, etc., back into well, including site 2 restoration EA 6 $ 8,500 $ 51,000 Disinfection of water supply well in 2,200 26,400 I 3 accordance with Specifications EA 1 12 1 $ j $ ' Post -performance testing in accordance 2,500 30 000 4 with specifications EA 12 $ $ ' 84,000 Complete well casing cleaning & video- 7,000 recorded inspection of well in accordance 5 with Specifications EA 12 $ $ Business hourly charge for well pump 295 � 35,400 6 handlingrig& crew HR 120 $ $ Business hourly charge for service truck 200 24,000 7 and crew HR 120 $ $ Business hourly charge for shop 110 8,800 technician(s) for pump repair shaft 8 ali mment, etc. HR 80 $ $ Page 3 of 5 DocuSign Envelope ID: DFC6BB46-9BC6-4CD2-B70E-87AB62B920A1 ADDENDUM #1 Item J Description PROCUREMENT SERVICES 1628 S. John Young Parkway Kissimmee, Florida 34741 Unit Est. Unit Cost Quantity 350 Tohe Water Aath®rtty Z,. Extended Price 16,800 nusmess ❑ouny geopnysicai ioggmg trucx 9 & o erator for water qu*ty testing HR 48 $ $ After Hours/Emergency hourly charge for 10 well um handlingripand crew HR 24 $ 305 $ 7,320 After Hours/Emergency hourly charge for 11 service truck and crew HR 12 $ 205 $ 2,460 After Hours/Emergency hourly charge for 150 900 shop technician(s) for pump repair shaft 12 alignment, etc. HR 6 $ $ 13 Labor and materials for closure of 4" well LUMP SUM 1 $ 8,500 $ 8,500 14 Labor and materials for closure of 8" well LUMP SUM 1 $ 14,000 $ 14 000 ' Mechanical Integrity Testing (Packer 15 Testing)EA 6 $ 25 000 $ 150 000 ' TOTAL BASE BID: $ 489,580.00 16 Fixed % Mark -Up for replacement parts % (not to exceed 10%) 10% % These estimated quantities are for evaluation purposes only. All prices quotes are good for a period of 90 days. Failure of the Bidder to provide pricing for all unit priced items and/or the Base Bid and ALL requested additive/deductive bid items, or alternate bids, may be cause for rejection of the bid as non -responsive. Emereenc►, and Non- Emergency Contact Information: Name: Gregory Schultes Title: Vice President Address: 11865 US Highway South City: Gibsonton State: FL Phone: 813-741-3010 Fax: 813-741-3170 _ Zip: 33534 Email: greg.acsfl@verizon.net (Signature page follows) Page 4 of 5