R19-043 1111111111111111111►1111111111111113111
C=F-N 20194-697'..{1
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BK 31 113 PG 1444
RECORDED 12/26/2019 10:44 3F.,
Palm Beach Counts; Flor ido
ORDINANCE NO. 19_0413aron R. Bock'CLERK & COMPTROLLER
P9s 1444 - 1446; (3a9s)
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING THE ABANDONMENT OF AN FP&L
UTILITY EASEMENT WITHIN THE OCEAN BREEZE EAST
E DEVELOPMENT, LOCATED AT 100 NE 7TH AVENUE.
i APPLICANT: LEWIS SWEZY, OCEAN BREEZE EAST
APARTMENTS LLC.; AUTHORIZING THE CITY MANAGER
TO EXECUTE A DISCLAIMER, WHICH SHALL BE
1C RECORDED WITH THIS ORDINANCE IN THE PUBLIC
11 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, Lewis Swezy of Ocean Breeze East Apartments, LLC., is requesting
15 abandonment of the 12 foot wide FP&L utility easement located along the west property
1E line of Lot 3 of Block 1, Country Club Estates and running east to the east property line of
17 Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet; and
1E
19 WHEREAS, the abandonment of this easement was a Condition of Approval of
2C the approved Site Plan for Ocean Breeze East and the abandonment application has been
2i submitted to satisfy that condition; and
22
2�3 WHEREAS, the applicant has received a letter of "no objection" from FP&L
24 indicating the abandonment would be contingent upon the applicant granting any necessary
25 easement to FP&L to provide electrical service to the project and relocating any existing
2+E utilities that may be located within the easement proposed for abandonment; and
2E WHEREAS, comments have been solicited from the appropriate City
2. Departments, and public hearings have been held before the City Commission on the
3C proposed abandonment; and
31
312 WHEREAS, staff finds that the subject abandonment serves a greater public
32 purpose, and therefore recommends approval of the applicant's request.
34
35 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF
36 THE CITY OF BOYNTON BEACH,FLORIDA THAT:
3i
36 Section 1. The foregoing whereas clauses are true and correct and incorporated
39 herein by this reference.
40
41 Section 2. The City Commission of the City of Boynton Beach, Florida, does
42 hereby abandon a twelve (12) foot-wide FP&L utility easement located along the west
43 property line of Lot 3 of Block 1,Country Club Estates and running east to the east property
44 line of Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet.
45 The property being abandoned is more particularly described as follows:
4
4
4
4
S:\CA\Ordinances1Abandonments\Abandonment of FPL Utility Easement(Ocean Breeze East)-Ordinance.docx
I THE NORTH 12.0 FEET OF THE SOUTH 25.0 FEET OF LOTS 3
THROUGH 10 AND LOT 12, BLOCK 1, PALM BEACH
t COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT
N THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
i
i
1 .
: Section 3. The City Manager is hereby authorized and directed to execute the
s" attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
i Records of Palm Beach County, Florida.
pl
.0 Section 4. This Ordinance shall take effect immediately upon passage.
.c
.. FIRST READING this 344 day of December, 2019.
.i
•G SECOND, FINAL READING AND PASSAGE THIS_ day of 6,.4.10a,,-, 2019.
1
M
a
1 CITY OF BOYNTON BEACH, FLORIDA
c YES NO
. Mayor—Steven B. Grant
'
G Vice Mayor—Justin Katz Iaseh-}-
M Commissioner—Mack McCray ✓
i
s1
qCommissioner—Christina L. Romelus ✓
.M Commissioner—Ty Penserga
'•F VOTE y.0
•ii'G ATTEST:
•i
:; / _,.,...:..„„,,
• Crystal Gibson, MMC - •°y ront
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• City Clerk '0 .
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S:CA\Ordinances\AbandonmentstAbandonment of FPL Utility Ease lfl,tac*attttteeze East)-Ordinance.docx
1
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the
City of Boynton Beach, Florida, does hereby abandon a twelve (12) foot-wide FP&L utility
easement located along the west property line of Lot 3 of Block 1, Country Club Estates and
running east to the east property line of Lot 12 of Block 1, Country Club Estates for a distance
of approximately 505 feet. The property being abandoned is more particularly described as
follows:
THE NORTH 12.0 FEET OF THE SOUTH 25.0 FEET OF
LOTS. 3 THROUGH 10 AND LOT 12, BLOCK 1, PALM BEACH
COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this I day of
December, 201.9.
CITY OF BOYNTON BEACH,
FLORIDA
/A/ fc4c.Cr stal Gibson, MMC a Lori LaVerriere, City anager
City Clerk �Q
STATE OF FLORIDA FJoy$1°
COUNTY OF PALM BEACH )
BEFORE ME,the undersigned authority,personally appeared Lori LaVerriere,City Manager
of the City of Boynton Beach,Florida,known to me to be the person described in and who executed
the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as
such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal
of said corporation; and that said instrument is the act and deed of said corporation.
• WITNESS my hand and official seal in the said State and County this \° day of December,
2019.
AI!/.1&_/ ��.�i. �i
o1�xY aue„ TAMMY L STANZIONE NOTARY PUB I', tate of Ion.a
Commission#GG 306158
My Commission Expires:3 d
°� Expires March 25,2023
1/401 0,°P Bccidel ttw Budget Notary 84rvices
S •rdinancesVloandonmentstAbandonment of FPL Utility Easement(Ocean Breeze East)-Ordinance.docx
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RESOLUTION NO. R19- 0 4 3
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO SIGN A PROPOSAL FROM CROM
COATINGS AND RESTORATIONS (CCR) IN THE
AMOUNT OF $181,200 FOR THE REPAIR OF FIVE (5)
POTABLE WATER STORAGE TANKS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Florida Administrative Code covers the operation and
maintenance of public water systems and mandates that all storage tanks be inspected every
five (5) years for any engineering defects or other deficiencies that might impact water
quality; and
WHEREAS, this remedial work/repair is the result of the State of Florida mandated
engineering inspection of our 5 potable water storage tanks by CROM Coatings and
Restorations (CCR), a subsidiary of Crom, LLC., who is the original constructor; and
WHEREAS, CROM is the only company that can make the certified repairs; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
authorize the City Manager to sign the proposal from CROM Coatings and Restorations, a
subsidiary of CROM, LLC., in the amount of $181,200 for the repair of 5 potable water storage
tanks.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves and authorizes the City Manager to sign a proposal from CROM Coatings and
C \Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\AFF68AlA-C066-408D-A804-94F7F67B93E4\Boynton
Beach 15551.1.Proposal_With_CROM_Coatings_(Repair_Water_Storage_Tanks)_-_Reso.Docx
- 1 -
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431
471
5111
Restorations, a subsidiary of CROM, LLC., in the amount of $181,200 for the repair of 5 potable
water storage tanks, a copy of which is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this elmd day of , 2019.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
664,-k d
JuditA. Pyle, CMC
City Jerk
(Corporate Seal)
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus V
Commissioner — Ty Penserga
VOTED
CAProgram Files (X86)Weevia.Com\Docconverterpro\Temp\NVDC\AFF68A1 A-C066-408D-A804-94F7F67B93E4\Boynton
Beach. 15551.1.Proposal_With_CROM_Coatings_(Repair Water_Storage_Tanks)_ _Reso.Docx
-2-
NA PRESTRESSED CONCRETE TANKS
CRCD
COATINGS and RESTORATIONS
March 19, 2019
PROPOSAL 19-064
REPAIRS BASED ON INSPECTIONS
ONE 1.0 -MG GROUND STORAGE TANK
TWO 3.0 -MG GROUND STORAGE TANKS AND
ONE 1.5 -MG ELEVATED STORAGE TANK
BOYNTON BEACH, FLORIDA
CROM Coatings and Restorations ("CCR"), a Division of CROM, LLC, proposes to provide labor
and material for the repair of the above-mentioned storage tanks for City of Boynton Beach, PO Box
310, Boynton Beach, Florida ("Client"). All work will be completed in accordance with all applicable
codes and standards including OSHA, AWWA, ACI and standard prestressed concrete tank design.
1. DRAWINGS, SPECIFICATIONS, AND OTHER REQUIRED DATA
The "Client" or a duly authorized representative, is responsible for providing CCR with a clear
understanding of the project nature and scope as is reasonably known to the Client. The Client shall
supply CCR with sufficient and adequate information, including, but not limited to, maps, site plans,
reports, surveys and designs, to allow CCR to properly complete the specified services. The Client
shall also communicate changes in the nature and scope of the project as soon as possible during
performance of the work so that the changes can be incorporated into the work product.
Prior to starting work, CCR will request from Client data reasonably required for submittal
purposes for the repair of the aforementioned storage tanks including any available
computations, detailed drawings, and specifications. If, in the opinion of CCR, adequate data is
not available or is incomplete, Client will be informed and arrangements made for creation of
needed data. CCR will not perform engineering studies or perform work requiring professional
engineering duties but will assist Client in obtaining such services.
2. COMMENCEMENT AND COMPLETION
Upon your execution of this proposal, CCR will be prepared to start work 30 days after approval
of our submittal information; and will undertake to furnish sufficient labor, materials, and
equipment to complete the work within approximately 75 days working time thereafter.
In the event Client desires to execute a separate agreement, such agreement shall include this
proposal and all the conditions herein unless both parties agree in writing to specifically omit any
condition, in writing, specifically referencing the omitted condition(s).
In the event that CCR cannot start thejob by July 1, 2019 because of delays of any nature which
are caused by the Client or other contractor employed by him or other circumstances over which
CCR has no control, then the contract price may be renegotiated to reflect any increased costs.
250 S.W. 36TH TERRACE I GAINESVILLE, FLORIDA 1 22607-2889
PHONE 352.372.3436 I FAX 352.372.6209 1 WWW.CROMCORP.COM
CHATTANOOGA, TN - GAINESVILLE, FL - RALEIGH, NC - WEST PALM BEACH, FL
19-064 — Repairs Based on Inspections
Boynton Beach, Florida
3. INSURANCE
March 19, 2019
Page 2
CCR represents and warrants that it and its agents, staff and Consultants employed by it is and
are protected by worker's compensation insurance and that CCR has such coverage under
public liability and property damage insured policies which CCR deems to be adequate.
Certificates for all such policies of insurance shall be provided to Client upon request in writing.
Within the limits and conditions of such insurance CCR agrees to indemnify and save Client
harmless from and against loss, damage, or liability arising from negligent acts by CCR, its
agents, staff and consultants employed by it. CCR shall not be responsible for any loss, damage
or liability beyond the amounts, limits, and conditions of such insurance or the limits described
in Section 8, whichever is less. The Client agrees to defend, indemnify and save CCR harmless
for loss, damage or liability arising from acts by Client, Client's agent, staff and other consultants
employed by Client. Any bond requirement(s) by Client will carry an additional cost unless the
parties agree otherwise.
4. SERVICES TO BE FURNISHED BY CROM COATINGS AND RESTORATIONS
CCR proposes to furnish all supervision, labor, material, equipment, scaffold and forms required
to complete the work, except as noted in Paragraph 5. The services to be furnished by CCR are
specifically:
This scope of work is to be performed on the following tanks:
1.0 -MG Ground Storage Tank
85'-0" 1 D x 23'-7" SWD
(CROM Job No. 1981-M-060)
a. Brush blast underside of tank dome, per SSPC-SP13. Surface profile shall be ICRI CSP 5.
b. Apply Tnemec N 140 Pota Pox Plus, per manufacturer recommendation, to underside tank
dome.
c. Sandblast and recoat manhole frame with Aquatapoxy A6.
d. Pressure wash the interior piping DIP surfaces, at a minimum of 3,500 psi, removing any dirt,
oil, grease, and other contaminants from the substrate.
e. Abrasive blast interior piping DIP surfaces, per NAPF 500-03-04, as needed for removing
any loose and unsound coatings, rust, and corrosion
Recoat interior piping with Tnemec N 140 Pota-Pox Plus.
g. Replace existing interior ladder bolts with stainless steel bolts.
h. Install stainless steel manhole cover.
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i. Install dome safety handrail.
• 3.0 -MG Ground Storage Tank
125'-0" ID x 32'-9" SWD
(CROM Job No. 1988-M-041)
a. Repair cracks on precast overflow.
b. Replace overflow screens.
c. Sandblast and recoat manhole frame with Aquatapoxy A6.
March 19, 2019
Page 3
d. Pressure wash the interior piping DIP surfaces, at a minimum of 3,500 psi, removing any
dirt, oil, grease, and other contaminants from the substrate.
e. Abrasive blast interior piping DIP surfaces, per NAPF 500-03-04, as needed for removing
any loose and unsound coatings, rust, and corrosion.
f. Recoat interior piping with Tnemec Series N 140 Pota-Pox Plus.
g. Install interior ladder bracket.
• 3.0 -MG Ground Storage Tank
120'-0" ID x 35'-5" SWD
(CROM Job No. 1992-M-016)
a. Brush blast underside of tank dome and walls, 3' down from dome ceiling, per SSPC-SP13.
Surface profile shall be ICRI CSP 5.
b. Recoat dome and walls, 3' down from dome, with Tnemec Series N 140 Pota-Pox Plus, as
per manufacturer recommendations.
c. Power wash and coat dome access hatch with CROM Gel -Coat.
d. Replace fasteners and screens on overflow.
e. Pressure wash the interior piping DIP surfaces, at a minimum of 3,500 psi, removing any dirt,
oil, grease, and other contaminants from the substrate.
f. Abrasive blast interior piping DIP surfaces, per NAPF 500-03-04, as needed for removing
any loose and unsound coatings, rust, and corrosion.
g. Recoat interior piping with Series N 140 Pota-Pox Plus
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1.5 -MG Elevated Storage Tank
113'-4" ID x 30'-0" SWD
(CROM Job No. 1994-M-028)
a. Replace dome access hatch door and control arms.
b. Pressure wash the interior piping DIP surfaces, at a minimum of 3,500 psi, removing any dirt,
oil, grease, and other contaminants from the substrate.
c. Abrasive blast interior piping DIP surfaces, per NAPF 500-03-04, as needed for removing
any loose and unsound coatings, rust, and corrosion.
d. Recoat interior piping with Tnemec Series N 140 Pota-Pox Plus.
e. Pressure wash and coat dome center vent with CROM Gel -Coat.
f. Exterior wall surfaces — Repairs to be determined.
5. MATERIALS AND SERVICES FURNISHED BY CLIENT OR OTHERS
It is understood that the following services shall be provided by others without expense to CCR:
a. Client will grant or obtain free access to the site for all equipment and personnel necessary for
CCR to perform the work set forth in this Proposal. The Client will notify any and all processors of
the project site that Client has granted CCR free access to the site. CCR will take reasonable
precautions to minimize damage to the site, but it is understood by Client that, in the normal
course of work, some damage may occur, and the correction of such damage is not part of this
Agreement unless so specified in the Proposal.
The Client is responsible for the accuracy of locations for all subterranean structures and utilities.
CCR will take responsible precautions to avoid known subterranean structures, and the Client
waives any claim against CCR, and agrees to defend, indemnify, and hold CCR harmless from
any claim or liability for injury or loss, including costs to defend, arising from damage done to
subterranean structures and utilities not identified or accurately located. In addition, Client agrees
to compensate CCR for any time spent or expenses incurred by CCR in defense of any such
claim with compensation to be based upon CCR's prevailing fee schedule and expense
reimbursement policy.
c. A continuous supply of potable water under minimum pressure for the use of the CCR crew within
100 feet of the tank sites.
d. A continuous supply of electricity during the period of work: one 100 -AMP, 110/220 -volt service
for the operation of our power tools and accessories, located not more than 100 feet from the
tanks. Please be sure that all circuit breakers are ground -fault protected. If it is necessary for CCR
to supply its own electric power, add $500.00 per week to the contract amount.
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e. Any permit or other fees from any AHJ as may be required for the work including but not limited
to all connect/disconnect, impact and building/construction fees.
f. Drainage and disposal of the tanks' contents.
g. Disinfection and refilling of the tanks' contents.
h. Cleaning the interior and exterior of the tanks' and accessories.
Complete lock out and tag out of the subject tank prior to personnel entering the tanks. The Client
will be required to provide all materials for this process. CCR will review the procedures before
entering the tanks.
j. All professional engineering services.
6. BACK CHARGES AND CLAIMS FOR EXTRAS
No claim for extra services rendered or materials furnished will be valid by either party unless
written notice thereof is given during the first ten days of the calendar month following that in
which the claim originated. CCR's claims for extras shall carry 30% for overhead and 10% for
profit.
7. DELAYS
It is agreed that CCR shall be permitted to prosecute work without interruption. If delayed at any
time for a period of 24 hours or more by an act or omission of the Client, the Authority Having
Jurisdiction (AHJ), any representative, agents or other contractors employed by Client, or by
reason of any changes ordered in the work, CCR shall be reimbursed for actual additional
expense caused by such delay, and loss of use of our equipment, and 30% for overhead.
LIMITATION ON INDIVIDUAL LIABILITY OF DESIGN PROFESSIONAL - TO THE EXTENT
PERMITTED BY LAW, AN EMPLOYEE, AGENT, DESIGN PROFESSIONALS, OR
ENGINEERS EMPLOYED BY CCR SHALL NOT BE INDIVIDUALLY LIABLE FOR
NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT WITH CCR
UNDER THIS PROPOSAL TO AN OWNER, CONTRACTOR, SUBCONTRACTOR, OR TO ANY
THIRD PARTY CLAIMING BY AND THROUGH THESE PARTIES.
8. RISK ALLOCATION
Client agrees that CCRs liability for any damage on account of any error, omission or other
professional negligence will be limited to a sum not to exceed $50,000 or CCR's fee, whichever is
greater. Client agrees that the foregoing limits of liability extend to all of CCR's employees and
professionals who perform any services for Client. If Client prefers to have higher limits on general or
professional liability, CCR agrees to increase the limits up to a maximum of $1,000,000.00 upon
Clients' written request at the time of accepting our proposal provided that Client agrees to pay an
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additional consideration of four percent of the total fee, or $400.00, whichever is greater. The
additional charge for the higher liability limits is because of the greater risk assumed and is not strictly
a charge for additional professional liability insurance.
9. ASSIGNMENT AND THIRD PARTIES
Neither the Client nor CCR may delegate, assign, sublet or transfer their duties or any interest
in this Proposal without the written consent of the other party. Both parties agree there are no
intended third -party beneficiaries to this Proposal including other contractors or parties working
on the project, or, if necessary, a surety of CCR.
.� �.�.
This proposal is predicated on open -shop labor conditions, using our own personnel. If we are
required to employ persons of an affiliation desirable to the Client or other contractor employed by
him or the general contractor thereby resulting in increased costs to us, the contract price shall be
adjusted accordingly. Such requirement shall not provide that CCR sign a contract with any labor
organization. In the event of a labor stoppage, we shall not be in default or be deemed responsible
for delay of the progress of this contract or damage to the Client or the contractor so long as CCR
has sufficient qualified employees available to perform the work.
Our proposal is based on our crew performing our Scope of Work in accordance with our standard
safety program. If any additional safety requirements are placed on us (not required by OSHA) such
as: site training, additional safety equipment or permit required confined space, the cost for such
additional requirements plus 30% for overhead shall be reimbursed to us.
11. QUOTATION
We are prepared to carry out this work in accordance with the foregoing for the lump sum price of:
1.0 -MG Ground Storage Tank (1981-M-060)
Mobilization
Sand Blast Interior Dome
Apply Tnemec N140 System
Sand Blast and Recoat Manhole Frame.
Sand Blast and Recoat Interior Piping
4,200.00
Replace Existing Interior Ladder Bolts with Stainless Steel Bolts
Install Stainless Steel Manhole Cover
Install Dome Safety Handrail
Total
$ 1,500.00
$19,000.00
$16,300.00
$ 1,600.00
$ 450.00
$ 2,800.00
$ 6,350.00
$52,200.00
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19-064 — Repairs Based on Inspections March 19, 2019
Boynton Beach, Florida Page 7
3.0 -MG Ground Storage Tank (1988-M-041)
Mobilization $ 1,500.00
Repair Cracks On Precast Overflow $ 1,400.00
Replace Overflow Screens $ 900.00
Sand Blast and Recoat Manhole Frame $ 600.00
Sand Blast and Recoat Interior Piping $
4,200.00
Install Interior Ladder Bracket 1,100.00
Total $ 9,700.00
3.0 -MG Ground Storage Tank (1992-M-016)
Mobilization $ 1,500.00
Sand Blast Dome $39,200.00
Recoat Dome and 3' Down the Wall $36,000.00
Power Wash and Coat Hatch $ 650.00
Replace Fasteners and Screens On Overflow $ 1,900.00
Sand Blast and Recoat Interior Piping Interior Piping $ 4,200.00
Total $83,450.00
1.5 -MG Elevated Storage Tank (1994-M-028)
Mobilization/General Conditions $ 7,500.00
Replace Dome Access Hatch Door and Control Arms $ 7,600.00
Sand Blast and Recoat Interior Piping
$17,700.00
Pressure Wash and Coat Center Vent 3,050.00
Total $35,850.00
Periodic and final payment, including any retention, shall be made within 10 days from the date our
work is completed or the billing is received, or in accordance with applicable state Prompt Payment
law, whichever is earlier, and is to be received by us in our accounting office at 250 SW 36th Terrace,
Gainesville, Florida 32607. Final payment shall not be held due to delays in testing. Payment not
received by that date will be considered past due and will be subject to a late payment charge of
1'/2% per calendar month, or any fraction thereof until received in our office.
If CCR does not receive payment within 7 days after such payment is due, as defined herein, CCR may
give notice, without prejudice to and in addition to any other legal remedies, and may stop work until
payment of the full amount owing has been received. The Proposal Amount and Time shall be adjusted
by the amount of CCR's reasonable and verified cost of shutdown, delay, and startup, which shall be
effected by an appropriate change order.
Any reasonable legal or other expense necessary for the enforcement of this Proposal or for the
collection of monies due shall be borne by the party at fault. If sales tax is excluded from our price, or
on materials contained in our price, in accordance with project specifications, such exclusion is
subject to receipt of adequate tax exemption documents from you or the project owner prior to
commencement of Work to allow for our application of same. If proper tax exemption documentation
is not received or is not adequate to provide exemption, we reserve the right to receive reimbursement
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of all sales tax CCR is obligated to pay due to the tardiness, lack of, or inadequate exemption
documentation on behalf of you or the owner.
12.ARBITRATION/DISPUTE RESOLUTION AND VENUE
Any controversy or claim relating to the contract between us shall be settled by arbitration in
accordance with the Construction Industry Arbitration Rules of the American Arbitration Association,
and judgment by the arbitrator(s) may be entered in any court having jurisdiction. The claim will be
brought and tried in judicial jurisdiction of the court of the state and county where CCR's principal
place of business is located and Client waives the right to remove the action to any other county or
judicial jurisdiction, and the prevailing party will be entitled to recovery of all reasonable costs
incurred, including staff time, court costs, attorneys' fees and other claim related expenses the venue
for any litigation under this Agreement shall be in Alachua County, Florida. If CCR engages an
attorney for the collection of the amounts due from the Client, the Client shall pay CCR its reasonable
attorney's fees and costs through any appeal. The laws of the State of Florida will govern the validity
of these terms, their interpretation and performance. If any of the provisions contained in this
Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions
will not be impaired. Limitations of liability and indemnities will survive termination of this Agreement
for any cause.
13. CHANGES IN SCOPE AND LIMITATIONS
If the Client wishes to have CCR perform any additional repairs or remediation of the tank's or
accessories, it shall authorize such work in writing and pay CCR its standard charges for such work.
It is agreed that CCR shall not be responsible for any consequential, special or delay damages. CCR
does not assume responsibility for differing, latent or concealed conditions, which differ materially
from those indicated in the subcontract/Contract documents or from those ordinarily found to exist
and not inherent in the Work, including but not limited to weather or subsurface conditions, and not
caused by CCR's fault or negligence.
14.TERMINATION
This agreement may be terminated by either party upon seven (7) days written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof. Such termination
shall be effective if that substantial failure has been redeemed before expiration of the period
specified in the written notice. In the event of termination, CCR shall be paid for services performed
to the termination notice date plus reasonable termination expenses.
In the event of termination, or suspension for more than three (3) months prior to completion of all
work contemplated by the proposal, CCR may complete such analyses and records as necessary to
complete their files and may also complete a report on the services performed to the date of notice
of termination or suspension. The expense of termination or suspension shall include all direct costs
of CCR in completing such analyses, records and reports if necessary.
15. GUARANTEE
CCR will guarantee its workmanship and materials on its work covered in this Proposal for a period
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Page 9
of one year after completion of its work. Prior to leaving the location, CCR personnel will perform a
walk through with the responsible party overseeing our work for the Client. In case any defects in
CCR's workmanship or materials appear within the one-year period after completion and acceptance
of CCR's work, CCR shall promptly make repairs at its own expense upon written notice by the Client
that such defects have been found. CCR's guarantee is limited to defects in CCR's workmanship and
materials, excluding inspections, cleaning and disinfection services ("Services"). CCR shall endeavor
to perform these Services with that degree of care and skill ordinarily exercised under similar
circumstances by contractors practicing in the same discipline at the same time and location. CCR
shall not be responsible for, nor liable for, any ordinary wear and tear or for damage caused from
negligent or inappropriate use or by any other entity beyond our control, including but not limited to
modifications, work or repairs by others.
If a bond is required for the Scope of Work included in this contract, CCR will furnish a one-year
Performance and Payment Bond. The cost of this bond is not included in our price. Please add $9.00
per $1,000 of contract value.
16.ACCEPTANCE
This proposal is offered for your acceptance within 21 days from the proposal date. We reserve the
right after that period to amend our bid to reflect our changing construction schedules and materials
and labor rate changes. The return to this company of a copy of this proposal with your acceptance
endorsed thereon within the time aforesaid will constitute a contract between us. This proposal shall
be made a part of any subcontract agreement or purchase order.
Sincerely,
CROM COATINGS AND RESTORATIONS
r
Sigfredo Orama
Project Manager
/tw
ACCEPTED BY CLIENT
TITLE:
DATE:
Robert G. Oyenarte, PE
President
CCR011 - 1/30/2019