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Agenda 05-18-21The City of Boynton Beach City Commission Agenda Tuesday, May 18, 2021, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. °a�1111rIN°„',mf www.boynton-beach.org Page 1 of 636 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on May 18, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item Page 2 of 636 number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 636 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Chuck Brannon of Gateway Community Church Pledge of Allegiance to the Flag led by Mayor Grant Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Proclaim May 22-28, 2021 as National Safe Boating Week. Flotilla Commander, Shari Forman will accept the proclamation. B. Proclaim the month of May as Asian Pacific American Heritage Month. C. Announcement by Gary Dunmyer, Interim Director of Public Works & Engineering, regarding Tire Amnesty Week for City Residents from May 31, 2021 - June 4, 2021. D. Announcement by Gary Dunmyer, Interim Director of Public Works & Engineering, regarding tree trimming in preparation for the approaching Hurricane Season. E. Announce the (Virtual) Hurricane Preparedness Information Session on Thursday, May 20, at 12 noon. Laura Lansburgh, Marketing Manager, will provide event details and how the public can register to attend. F. Announcement by Recreation & Parks Director Kacy Young regarding the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Rescue Hospital at the Ezell Hester Center on Saturday May 29th, from 9am-3pm. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. City Commission to discuss and select Vice Mayor to serve until March 2022 municipal election. C. Consider the protest filed by Poseidon Dredge & Marine, Inc. for Invitation to Bid 002-2511-21 - Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Page 4 of 636 A. Authorize utilizing the NASPO Valuepoint Agreement 43220000-NASPO-19-ACS under Master Agreement AR3189 and AR3230 for the purchase of equipment and NC PA 01-97 for services for network equipment replacement from StepCG in the amount of $49,301.51. B. Authorize utilizing State Law Enforcement Trust Fund (LETF) monies in the amount of $15,000.00 for the purchase of gift cards and other weapon safety products to incentivize and encourage firearm owners to safely dispose of unwanted firearms during Gun Buy -Back events. C. Proposed Resolution No. R21-044 - Approve award and authorize the City Manager to sign a Hurricane Commissary Contract between The City of Boynton Beach and Catering Solutions LLC to provide food for city employees in the event of a hurricane not to exceed $34,999.00. D. Proposed Resolution No. R21-045 - Approve the temporary road closure of the lanes in the 2000 Block of State Road 5 (Federal Hwy) - 700 feet of the right lane heading Northbound and 400 feet of the left lane heading Southbound on Sunday, July 4, 2021 for the annual 4th of July event, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. E. Approve a change order to purchase order #210290 with Globaltech, Inc. in the amount of $28,374.00 to perform a disinfection by-products study at the East Water Treatment Plant. Upon approval of the change order, the revised total purchase order amount will be $59,874. F. Approve an award to Atlantic Southern Paving and Sealcoating, LLC in the amount of $75,288.80 for the purpose of installing temporary traffic calming measures (speed humps/signage) in the Forest Park Neighborhood. G. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for May 18, 2021 - "Request for Extensions and/or Piggybacks." H. Accept the written report to the Commission for purchases over $10,000 for the month of April 2021. I. Proposed Resolution No. R21-046 - Approve interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for improvements to the Sara Sims Park amphitheater. J. Proposed Resolution No. R21-047 - Approve interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the design costs for construction improvements to the Historic Women's Club of Boynton Beach. K. Proposed Resolution No. R21-048 - As part of the approval of the two (2) interlocal agreements between the City and the CRA for improvements at Sara Sims Amphitheater and design costs for improvements at the Historic Women's Club of Boynton Beach, it is necessary to amend the Fiscal Year 2020-2021 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. L. Approve utilizing the Palm Beach County contract, Bid No. 19-024/MB for Sulfuric Acid 93% - Purchase and Delivery with Sulphuric Acid Trading Company, Inc (SATCO) with the same terms, conditions, specifications and pricing. The anticipated annual expenditure for the purchase of sulfuric acid is $90,000. M. Approve minutes from the City Commission meetings on April 20, 2021 and May 4, 2021. 7. Consent Bids And Purchases Over $100,000 A. Proposed Resolution No. R21-049 - Approve and authorize the City Manager to sign a First Amendment to the Interlocal Agreement between the City of Boynton Beach and Florida International University for the Racial and Social Equity Comprehensive Community Needs Assessment and detailed Policy Recommendations. B. Proposed Resolution No. R21-050 - Authorize the City Manager to sign the annual service Page 5 of 636 agreement with Motorola, Inc. in the amount of $142,863.64 for the continued maintenance and repair of the City's radio telecommunications system as a single source vendor. C. Approve the issuance of a purchase order to Homrich Corporation utilizing the the City of Boynton Beach Pre -Qualification of Contractors Minor Construction Services Bid No. 028-2511- 20/RW for $150,000.00 to enhance the existing Sara Sims Amphitheater. D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for May 18, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." E. Approve Phase I I of task order UT -3E-01 with West Architecture and Design, LLC, in the amount of $124,040.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E to perform the final design and permitting for the reconstruction of Pence Park. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business A. Commission to discuss and approve FY 2021/2022 Budget Workshop dates and times. 12. Legal A. Proposed Ordinance No. 21-016 First Reading - Approve amendments to Advisory Board Ordinance amending Chapter 27, "Advisory Boards and Committees", Section 27-2 providing for selection of the Chair and Vice -Chair; and amending Section 27-22 "Definitions" to correct a scrivener's error. B. Proposed Ordinance No. 21-017 First Reading - Approve ordinance dissolving the Quantum Park Overlay Dependent District ("District") pursuant to Section 189.07(1), Florida Statutes, and expressing intent that the City of Boynton Beach will not assume any expenses of the District. 13. Future Agenda Items A. First Reading of Ordinance regarding Monuments on City Property - June 1, 2021 B. Post -Session Legislative Debriefing from the City Lobbyist, Mat Forrest of Ballard Partners - June 1, 2021 C. Vice Mayor Penserga requested information regarding the rental procedures for city facilities. - June 1, 2021 D. Hear presentation from City staff on Neighborhood Traffic Calming Program - June 15, 2021 E. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - June 15, 2021 F. Staff to provide an update on the COVID-19 Vaccine Distribution - June 15, 2021 G. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - June 2021 H. Discussion on options and alternatives for public meeting record archives. - June 15, 2021 Page 6 of 636 I. Vice Mayor Penserga requested a discussion regarding a City Mural Program - June 2021 J. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - J u ly 6, 2021 K. Mayor Grant requested information on the water quality of canal systems within the City. Staff is requesting SFW MD to present this information - July 6, 2021 L. Staff to provide an update on the American Rescue Plan - July 6, 2021 M. Update from staff on Head Start lease options - July 20, 2021 N. Discussion on funding for expanding W i-Fi to City parks. - Will be presented during Budget Workshops 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TT i) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 636 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 5/18/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Chuck Brannon of Gateway Community Church Pledge of Allegiance to the Flag led by Mayor Grant Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 1.A. Opening Items 5/18/2021 Page 8 of 636 Requested Action by Commission: Informational items by Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 5/18/2021 Page 9 of 636 Requested Action by Commission: Proclaim May 22-28, 2021 as National Safe Boating Week. Flotilla Commander, Shari Forman will accept the proclamation. Explanation of Request: Every year the United States Coast Guard, the U.S.C.G. Auxiliary, the National Safety Council, and other partners, strive to let boaters know the importance to "Wear It" Your Personal Life Jacket, it makes good sense. All Boaters and passengers should think more about safety and the elements to "Wear It" in a responsible way. Please encourage all around you on boats and children to watch each other and challenge each other to "WEAR IT" for a better tomorrow. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Fliroca irna bola FlirtaaJa irna bola INa tioinal SafE) Il:: oa tiirg VVE)E)c Page 10 of 636 Proclamation WHEREAS, on behalf of the U.S. Coast Guard Auxiliary Flotilla 5-4, Boynton Beach, Florida, Flotilla Commander, Shari Forman invites you to be aware of the dangers that lurk in the water that surroundour communities; and WHEREAS, the U.S. Coast Guard Auxiliary in Boynton Beach, Florida plays an important part in our community, while providing Public Education and Vessel Safety Checks for surrounding cities. They alsoprovide Search and Rescue patrol for boaters that may be stranded or have lost their way; and WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded with thousands of new boats that enter our Florida waters each year, competingwith each other for the same space we had a decade ago; and WHEREAS, every year the United States Coast Guard, the U.S.C.G. Auxiliary, the National Safety Council, and other partners, strive to let boaters know the importance to "Wear It" Your Personal LifeJacket, it makes good sense. This hope of everyone wearing their life jacket will drift away as the weather encourages more boaters on the water to feel uncomfortable to wear them at all. All Boaters and passengers should think more about safety and the elements to "Wear It" in a responsible way. This is vital to show the knowledge and skills in order to reduce human error and improve boating skillswhile on the water; and WHEREAS, over six hundred people have died in boating related accidents in Florida in 2019. Nowadays the Life Jackets, more attractive, and more wearable than the styles of past years anddeserve a fresh look by today's public. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim, proclaim May 22, 2021 through May 28, 2021 as: National §aft boating VV�,�,k and I urge all boaters while on the water to "WEAR IT" and practicesafe boating habits. Please encourage all around you on boats and children to watch each other and challenge each other to "WEAR IT" for a better tomorrow. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 18th day of May, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk iW Requested Action by Commission: Proclaim the month of Mayas Asian Pacific American Heritage Month. Explanation of Request: The month of May was chosen as Asian Pacific American Heritage Month to commemorate the immigration of the first Japanese citizen, Nakahama Manjiro, to the United States on May 7, 1843, but also the anniversary of the May 10, 1869 completion of the first Transcontinental Railroad, built with the back -breaking labor of nearly 20,000 Chinese immigrants. Asian American Pacific Islanders have distinguished themselves as leading researchers in science, medicine, and technology; innovative farmers and ranchers; distinguished lawyers, judges and government leaders; in the arts, literature, and sports; as war heroes who defended our country from fascism; and peacetime healthcare heroes currently on the front lines of the pandemic; and Today more than 20 million Asian American Pacific Islanders live in the United States and through their actions, make America a more vibrant, prosperous, and secure nation. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Fliroca irna bola Description Flir taaJa irna bola Asiain Pacific irTIE)r'iicair: Il lIE)r'iitagE) Ma:air:tlh Page 12 of 636 Proclamation WHEREAS, the month of May was chosen as Asian Pacific American Heritage Month to commemorate the immigration of the first Japanese citizen, Nakahama Manjiro, to the United States on May 7,1843, but also the anniversary of the May 10, 1869 completion of the first Transcontinental Railroad, built with the back -breaking labor of nearly 20,000 Chinese immigrants; and WHEREAS, we celebrate the achievements and contributions of Asian Americans and Pacific Islanders that enrich our history, society and culture, we must also acknowledge a darker aspect of the AAPI experience in America - structural discrimination, prejudice and injustice that most recently manifested itself in racist attacks on Asian Americans related to the COVID-19 pandemic; and WHEREAS, Asian American Pacific Islanders have distinguished themselves as leading researchers in science, medicine, and technology; innovative farmers and ranchers; distinguished lawyers, judges and government leaders; in the arts, literature, and sports; as war heroes who defended our country from fascism; and peacetime healthcare heroes currently on the front lines of the pandemic; and WHEREAS, today more than 20 million Asian American Pacific Islanders live in the United States and through their actions, make America a more vibrant, prosperous, and secure nation. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of May, Two Thousand and Twenty -One as: -NBian Pacific -Nm�zrican fiI�zritag�z Month IN WITNESS WHEREOF, I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 18,h day of May, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Announcement by Gary Dunmyer, Interim Director of Public Works & Engineering, regarding Tire Amnesty Week for City Residents from May 31, 2021 -June 4, 2021. Explanation of Request: Tire Amnesty Week will be held during the week of May 31 - June 4, 2021. During that week residents may place at the curb up to eight (8) car tires (with or without rims) for pick up. • Tires will be picked up on the scheduled bulk trash day in your neighborhood. • Tires must be placed at the edge of the road at least three (3) feet away from your garbage cart and any other fixtures, such as telephone poles, mailboxes, etc. • Tires shall be separated from the vegetation. If you have any questions you can contact the Solid Waste Division of Public Works at (561) 742-6200, Monday -Friday, 7:30 a.m. to 4:30 p.m. Another Tire Amnesty Week will be held during the first week of November. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Budgeted Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 14 of 636 K3M Requested Action by Commission: Announcement by Gary Dunmyer, Interim Director of Public Works & Engineering, regarding tree trimming in preparation for the approaching Hurricane Season. Explanation of Request: Hurricane Season begins June 1 and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the Hurricane Season. As a reminder, residents should not do any major tree trimming or place bulk items at the roadside after the announcement of a named storm as there is no guarantee that vegetation or bulk items will be picked up before a storm arrives. As part of normal vegetation pick-up, residents can place three (3) cubic yards of vegetation weekly at the curb the day before their scheduled pick-up day. • Vegetation needs to be cut in 4 foot lengths and 4 inches in diameter. • The vegetation must be placed at the roadside leaving 3 feet around any obstructions, such as mailboxes, cars or recycling bins. • Bulk trash and vegetation must be separated for pick-up. • Any trash or debris mixed in with vegetation will have to be removed by the resident prior to pick up. • Large tree stumps and trunks larger than 4 feet in diameter require a special pick up. If you have any questions you can contact the Solid Waste Division of Public Works at (561) 742-6200, Monday — Friday, 7:30 a.m. to 4:30 p.m. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 15 of 636 Grant Amount: Attachments: Page 16 of 636 3.E. Requested Action by Commission: Announce the (Virtual) Hurricane Preparedness Information Session on Thursday, May 20, at 12 noon. Laura Lansburgh, Marketing Manager, will provide event details and how the public can register to attend. Explanation of Request: The public can submit questions in advance, by emailing marketing@bbfl.us. An ASL Interpreter and captioning will be provided.This session will be recorded and available on the City's YouTube page afterwards. The workshop will cover the following topics: How to Prepare • Create a Personal Support Network • Deciding to Stay or Evacuate • Consider Your Service Animal or Pet • Build an Emergency Kit • Get I nvolved • Prepare Your Home and Lawn • Debris Management After the Storm Shelter Information • Shelter Types & Locations • Registration Keeping Informed • Social Media Outlets and City Website • Smart Phone Apps • PrepareBoyntonBeach.com Questions from the public How will this affect city programs or services? This is advertised on the City's website, social media outlets, in the City newsletter and emailed to the City distribution list which includes approximately 25,000 subscribers (including individuals, organizations, places of worship and HOA's). Fiscal Impact: Budgeted The captioning and ASL interpreter expense, approximately $400, will be taken from #103-2110-521.34-53, to provide effective communication under the Americans with Disabilities Act. Alternatives: Not provide a virtual event and potentially miss reaching many residents with this valuable information. Strategic Plan: Strategic Plan Application: N/A Page 17 of 636 Climate Action Application: N/A Is this a grant? No Grant Amount: Attachments: Page 18 of 636 3. F. Requested Action by Commission: Announcement by Recreation & Parks Director Kacy Young regarding the Free Pet Vaccine Clinic for Dogs and Cats in partnership with the Justin Bartlett Animal Rescue Hospital at the Ezell Hester Center on Saturday May 29th, from 9am-3pm. Explanation of Request: Justin BartlettAnimal Rescue Hospital will host a Free Drive-Thru Pet Vaccine Clinic for Dogs & Cats on Saturday May 29th, from 9arrF3pm at the Ezell Hester Center. Dogs must remain on a leash and cats must be in crates. How will this affect city programs or services? No Affect on City Programs or Services. Fiscal Impact: Non -budgeted No Fiscal Impact. Alternatives: Do not make the announcement. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Hosting Special Events increases visitations at City Parks. Climate Action Application: No impact on Climate Action Is this a grant? Grant Amount: Attachments: Page 19 of 636 5.A. Administrative 5/18/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 5/18/2021 Requested Action by Commission: Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for term openings and vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt ttaclhtirTIENI'lt Description ppoiir:tirTIE)i is air:d IRotatioin 05 18 21 Sair:dE)rs, IDa iriryll Page 20 of 636 Appointments and Applicants for May 18, 2021 Building Board of Adjustments and Appeals 11 Hay Reg 2 yr term to 3/23 Vice Mayor Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: Citizens Oversite Committee 11 Hay Reg 2 yr term to 3/23 III Romelus Reg 2 yr term to 3/23 Vice Mayor Penserga Reg 2 yr term to 3/23 Applicant: Education and Youth Advisory Board I I Hay Alt 1 yr term to 3/22 Applicant: Employee Pension Board 11 Hay Reg 3 yr term to 12/23 Applicants: Darryl Sanders Historic Resources Preservation Board III Romelus Alt 1 yr term to 3/22 Applicant: Recreation and Parks I Katz Reg 2 yr term to 3/23 Applicant: Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicant: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\AIAADB52-7573-48E1-989C-58E9514CB29D\Boynton Beach. 26603.1.Appointments_for_05-18- 21.docx Page 21 of 636 Stanzione, Tammy From: City Clerk Sent: Monday, May 03, 2021 8:08 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application III From: chevydtv <noreply@123formbUilderJo> Sent: Sunday, May 02, 2021 10:42 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 05/02/2021 Name Darryl Sanders Phone number 561-410-3275 Address 2001 NW 2ND ST BOY TON BEACJJ FL. 33435 United States Email chevMI y�j vLa,),gmail.corn Current occupation or, if N/A retired, prior occupation Education So rte college Are you a, registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? if "yes", name of business Are you currently serving No on a City board? Have you served on a City No board in the past? if "Yes", which board(s) and when? Have you ever been No convicted of a crime? if "yes", when and where? Advisory Board Ernployee Pension Board 1 Page 22 of 636 If appointed by the City Commission to serve as Board Chair or Vice Chair Yes are you willing to serve in this capacity? Personal Qualifications BUSINESS PROFESSIONAL Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal fi-orn a board. The message has been sent from 73.204.179.30 (United States) at 2021-05-02 21:41:55 on Chrome 87.0.4280.163 Entry ID: 461 Form Host: https. fgLqi...LZ,ate itribuilder.co iZ5f33214 aLvisory- qar4- pp2�i n t M�p _ jj ation Page 23 of 636 5.B. Administrative 5/18/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 5/18/2021 Requested Action by Commission: City Commission to discuss and select Vice Mayor to serve until March 2022 municipal election. Explanation of Request: Based upon previous commission discussion, it is anticipated that the City Commission wishes to appoint a Vice Mayor on an annual basis. Since 2014, the Vice Mayor has served for one year terms, with the exception of 2014-2016 when the same individual served as Vice Mayor for two years. There was no municipal election in 2015. Name Began Serving as Vice -Mayor Vice -Mayor Term ended Which term did they serve Joe Casello 3/18/2014 4/5/2016 First term Mack McCray 4/5/2016 4/4/2017 First term J usti n Katz 4/4/2017 3/20/2018 First term Christina Romelus 3/20/2018 3/19/2019 First term Justin Katz 3/19/2019 4/21/2020 Second term Ty Penserga 4/21/2020 present First term How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 24 of 636 5.C. Administrative 5/18/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 5/18/2021 Requested Action by Commission: Consider the protest filed by Poseidon Dredge & Marine, Inc. for Invitation to Bid 002-2511-21 - Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project. Explanation of Request: Pursuant to Section XV of the City's Purchasing Policy Manual, if the protester files a written appeal with the City Clerk within three business days of the City Manager's decision. The City Commission, within (30) days of the City Manager's response, shall consider the protest. TIMELINE: February 5, 2021 - The City of Boynton Beach issued an Invitation to Bid for Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project. The mandatory pre-bid conference and site visit was held on February 11. 2021. March 11, 2021 - Bid closed at 2:30p.m. There were three (3) Bidders on this solicitation. Anzco, Inc. $967,538.00 Custom Built Marine Construction $1,177,302.00 Poseidon Dredge & Marine Inc. $1,080,517.33 March 19, 2021 - Poseidon Dredge & Marine, Inc. sent a letter to the Purchasing Manager, "to serve as notice that Poseidon Dredge & Marine Inc. (PDM) wished to protest the bid recommendation of award for Bid No. 002-2511-21/RW. March 30, 2021 - Purchasing Manager responded with the City Commission Agenda date and provided the protest procedure from the Purchasing Policy, with copy to James A. Cherof, City Attorney. April 6, 2021 - City Commission read aloud a letter sent to the City from Poseidon Dredge & Marine, Inc. The Commission approve award of Bid No. 002-2511-21/RW; Harvey E. Oyer Jr. Park Marina Boca Ramp Improvement Project to Anzco, Inc. April 7, 2021 - Poseidon Dredge & Marine, Inc., sent certified letters to Mayor: Steven B. Grant, City Commissioner: Christina Romelus, City Attorney: James A. Cherof, Purchasing Manager: Kristeena Pinto, stating "the current intent of Poseidon Dredge & Marine, Inc. ("PDM") to file a written protest." April 9, 2021 - Poseidon Dredge & Marine, Inc. sent certified letters to Mayor: Steven B. Grant, City Commissioner: Christina Romelus, City Attorney: James A. Cherof, Purchasing Manager: Kristeena Pinto, stating "Poseidon Dredge & Marine, Inc. (PDM) is protesting the award of Bid No. 002-2511-21/RW; Harvey Oyer Jr. Park Marina Boat Ramp Project." April 21, 2021 - Cash bond (Check) in the amount of $5,000.00 was received. April 22, 2021 - Check cleared, bid protest along with memorandum setting forth the facts and circumstances Page 25 of 636 were sent to the City Attorney April 28, 2021, Pursuant to Section XV of the City's Purchasing Policy Manual, the City Manager directed the City Attorney to render the decision on the Bid protest filed by Poseidon Dredge & Marine, Inc. Decision: Based upon review, "Poseidon has not proven that the selection of Anzco, Inc. did not comply with the requirement that the contract be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the I nvitation to Bid. Therefore, the Bid Protest is denied." May 3, 2021 - City Clerk received a written appeal of from Taylor Espino Vega Touron, PLLC on behalf of Poseidon Dredge & Marine, Inc. Pursuant to Section XV of the City's Purchasing Policy, City Commission within (30) days of the City Manager's response, shall consider the protest. How will this affect city programs or services? The bid protest has delayed the execution of a contract with the selected bidder and therefore has delayed the proposed construction schedule. Fiscal Impact: • Material prices which were bid in March/April have increased causing the overall potential budget of the project to increase. • Anzco, Inc., the vendor that received the award on April 6, 2021, has already incurred costs towards this project for insurance and setting aside labor for the completion of the project. • The project being moved to a later date would require the closing of the boat ramp at possibly a more peak time increasing the loss of revenue to the City potentially. • A rebid of the current project would delay the project and potentially come back at a much higher price than what the current awarded bidder has agreed to. • The delay of the project could potentially result in the loss of the $600,000 in grant funding that the City has already been awarded by the Florida Inland Navigation District. Funds are required to be spent by September 30, 2022. Alternatives: • Maintain the current award with Anzco, Inc. as it stands based on the April 6, 2021 Commission decision. • Reject all bids and re -advertise Boat Ramp Improvement Project. • Uphold the protest, reject the Award to Anzco, I nc., and award to the secondary responsive bidder Poseidon Dredge & Marine Inc. at an increased cost to the City of $112,979.33. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 26 of 636 Is this a grant? Grant Amount: Attachments: Type Description D AttachirTIENI'lt PLArchasiing Flo�icy SE'C',ti011'I XV Bid FlrotE)StS D Bid 2/,l 2021 linvitaboin to IBlid D AttachirTIENI'lt 3/11/2021 BidII' E)SlPOIIISE)S D I E)ttENr 3/19/2021 1 E)ttENr firoirn FIOSE)idoin Dir'EdgE) & Maril['IE), 1111C - D (E)ttENr 3/30/2021 1 E)ttENr forirn PLArchasiing MainagElir' D AttachirTIENI'lt 4/6/2021 AgE)inda I tE)irn D I E)ttENr 4/7/2021 1 E)ttENr firoirn FIOSE)idoin DrEdgE, & Maril['IE),1111C- D I E)ttENr 4/9/2021 1 E)ttENr firoirn FIOSE)idoin Dir'EdgE) & Maril['IE), 1111C - D MENryr.) 4/22/2021 FlrotE)St irTIEsiryx.,.)ir'aii'idL.Jliryi D I E)ttENr 4/28/2021 City Attorl['IE)y DE)CiSklll D I E)ttENr 3 /2021 WrittENn AIPIPEsall froirn fl'.-,.iyloir Espirlo VElga & TbUlroin, Rl 1 .0 Page 27 of 636 9. General performance of a contract evaluated in writing as "poor" or "unsatisfactory." 10. Presence of principals or corporate officers in the business or concern, who were principals or corporate officers or directors within another business at the time when the other business was suspended or debarred within the last five (5) years under the provisions of this section. 11; Violation of the ethical standards set forth in City, State, and Federal Law or Regulations. Decision to Debar or Suspend: A decision to debar or suspend shall be issued in writing to a business or person from the City Manager or his Designee and shall: 1. State the reason(s) for the action taken. 2. State the period of suspension/debarment. 3. Inform the suspended or debarred business or person involved of their right to administrative review as provided in this policy. Notice of Decision: A copy of the decision under this section shall be mailed or otherwise furnished to the suspended or debarred business or person and any other affected party. Finali . of Decision: A decision to debar or suspend shall be final and conclusive, unless the debarred or suspended business or person, within ten (10) business days after receipt of the decision, files a written notice of appeal to the City Manager, in which event the decision shall be deemed final and conclusive if and when the decision is affirmed by the City Manager. XV. BID PROTESTS To establish a procedure for a prospective bidder to protest a bid against the City. Any actual or prospective bidder, offeror, or contractor with a "substantial interest" who is aggrieved in connection with solicitation or award of Contract may protest in writing to the Finance Director or Purchasing manager or his/her designee. A bidder shall be deemed to have a "substantial interest" if the bidder would have been selected as the lowest Responsible and Responsive bidder but for the alleged mistake or irregularity described in the protest. Protesters shall file their written protests along with a bid protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less, or if (00345548.5306-9001821} Purchasing Policy Page 54 of 89 Page 28 of 636 the bid amount cannot be determined, with the Purchasing Manager during normal business hours. The bond will be refunded to a protestor if the protest is upheld. Protests shall specifically describe the subject matter and facts giving rise to the protest. Protests shall be deemed effective on the date they are received by the Purchasing Manager. The Purchasing Manager shall immediately deliver the bid protest to the City Attorney with a memorandum setting forth the facts and circumstances surrounding the protest. The deadlines for filing bid protests are as follows: 1. If the protest relates to an Invitation for Bid or Request for Proposal, the protest shall be received prior to the bid submittal deadline date. 2. If the protest relates to any other matter relating to the bid, including, but not limited to, the Award of a Contract, the protest must be received no later than seven (7) regular business days after the date of notification of bid award by the Purchasing Staff. Decision: If the protest is not resolved by mutual agreement, the City Attorney, upon consultation with the Purchasing Manager shall make a recommendation to the City Manager who shall issue a decision in writing, or the City Manager may direct the City Attorney to render a decision in writing to the protesting bidder, offeror, or contractor. The City Manager shall have the authority to settle and resolve a protest of an aggrieved bidder, offeror or contractor, actual or prospective, concerning the solicitation or award of a contract. The decision shall: 1. State the reasons for the action taken; and 2. Inform the protestor of its right to appeal as provided in this part. Notice of Decision: A copy of the decision under this section shall be mailed or otherwise furnished to the protestor and any other party intervening. Finality of Decision: A decision of the City Manager under this section shall be final and conclusive unless the protestor files a written appeal with the City Clerk within three business days of the City Manager's decision. The City Commission within thirty (30) days of the City Manager's response shall consider the protest. Failure to Follow Procedure: A protestor's failure to follow the protest procedure set forth herein shall render void any protest or claim brought by an aggrieved bidder, offeror, or contractor. {00345548.5306-9001821} Purchasing Policy Page 55 of 89 Page 29 of 636 Costs not recoverable: Costs incurred by a protesting party, including but not limited to attorney fees, are the sole responsibility of the protesting party. Remedies for Solicitations or Awards in Violation of Law: Prior to bid o enin or closin date of recei t of ro osals: If prior to the bid opening or the closing date for receipt of proposals, the Purchasing Manager after consultation with the City Attorney, determines that a solicitation is in violation of federal, state, or municipal law or ordinance, then the solicitation shall be canceled or revised to comply with applicable law. Prior to Award: If after bid opening or the closing date for receipt of proposals, but prior to the award of contract, the Purchasing Manager after consultation with the City Attorney, determines that a solicitation or a proposed award of a contract is in violation of federal, state, or municipal law, or ordinance, then the solicitation or proposal award shall be canceled. After Award: If, after an award, the Purchasing Division, after consultation with the City Attorney, determines that a solicitation or award of a contract was in violation of applicable law or ordinance, then: 1. If the person awarded the contract has not acted fraudulently or in bad faith: a. The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the City; or b. The contract may be terminated and the person awarded the contract shall be compensated for the actual costs reasonably incurred Under the contract, plus a reasonable profit, but excluding attorney's fees, prior to the termination; or 8. If the person awarded the contract has acted fraudulently or in bad faith the contract may be declared null and void, if such action is in the best interests of the City. {00345548.5306-9001821} Purchasing Policy Page 56 of 89 Page 30 of 636 NO LATER THAN MARCH 11, 2021) 2:30P.M. THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS: FEBRUARY 25, 2021 (a- 2:30 P.M. HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW TABLE OF CONTENTS Table of Contents Noticeto Bidders...........................................................................................................1 -3 Scopeof Services.............................................................................................................................. 4 - 6 Technical Specifications..................................................................................................7 79 Instructions to Bidders....................................................................................................8-20 80 General Conditions for Construction...................................................................................21 -67 Special Terms and Conditions..........................................................................................68 Bidders Submission Requirements.....................................................................................................69 BidForm.......................................................................................................................70-71 BidProposal........................................................................................................................................72-73 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Bidder's Qualifications Statement...................................................................................................... 74-77 Bidder's Site Inspection Confirmation................................................................................................ 78 Anti -Kickback Affidavit........................................................................................................................ 79 NonCollusion Affidavit....................................................................................................................... 80 Certification Pursuant to Florida STATUTE § 287.135...................................................................... 81 -82 E -Verify Form Pursuant to Florida STATUTE § 448.095.........................................................83-84 Draft Contract / Agreement..........................................................................................0-1 - C-14 PerformanceBond....................................................................................................PFB-1-PFB-3 PaymentBond.........................................................................................................PYB-1-PYB-3 Warrantyof Title.......................................................................................................WT-1 Insurance Advisory........................................................................................... Appendix "A"- — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Plans / Drawings Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project TOC The City of Boynton Beach NOTICE TO BIDDERS INVITATION TO BID FOR HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW Electronic bids shall be received by the bidding system up until: March 11, 2021; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledge of receipt. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidder's allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking the services of a qualified firm to provide repair and alterations of the existing boat ramps, floating docks, reconfiguration and resurfacing portion of the existing driveway. This Bid is to establish a Contractor who can perform selective demolition, structural, architectural and site improvements associated with the reconfiguration of docking facility. The scope of work also includes all labor, equipment, tools, materials, and permitting for improvements at Harvey E. Oyer Jr. Park Marina Boat Ramp, 2010 N Federal Highway, Boynton Beach, Florida 33435. CONTRACTOR QUALIFICATIONS: Contractor must be licensed as a General Contractor for 5 years in the State of Florida. 2. The Contractor must be in business for the last five (5) years under the same name. 3. The firm must have successfully completed similar projects meeting the following requirements: A minimum of at least (3) three projects at a minimum of $350,000 per project completed annually for each of the past three calendar years (2018, 2019, 2020). The firm must itemize this work using forms under "Work History" for "Calendar Year 2018", "Calendar Year 2019" and "Calendar Year 2020." Bid No. 002-2511-21/RW— Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telenhnne: (.561)742-6323 NOTICE TO BIDDERS INVITATION TO BID FOR HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW Electronic bids shall be received by the bidding system up until: March 11, 2021; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledge of receipt. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidder's allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking the services of a qualified firm to provide repair and alterations of the existing boat ramps, floating docks, reconfiguration and resurfacing portion of the existing driveway. This Bid is to establish a Contractor who can perform selective demolition, structural, architectural and site improvements associated with the reconfiguration of docking facility. The scope of work also includes all labor, equipment, tools, materials, and permitting for improvements at Harvey E. Oyer Jr. Park Marina Boat Ramp, 2010 N Federal Highway, Boynton Beach, Florida 33435. CONTRACTOR QUALIFICATIONS: Contractor must be licensed as a General Contractor for 5 years in the State of Florida. 2. The Contractor must be in business for the last five (5) years under the same name. 3. The firm must have successfully completed similar projects meeting the following requirements: A minimum of at least (3) three projects at a minimum of $350,000 per project completed annually for each of the past three calendar years (2018, 2019, 2020). The firm must itemize this work using forms under "Work History" for "Calendar Year 2018", "Calendar Year 2019" and "Calendar Year 2020." Bid No. 002-2511-21/RW— Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 4. The Contractor must have an adequate organization, facilities, equipment, and personnel to insure prompt and efficient service. The CITY reserves the right, before recommending any award, to inspect the facilities to determine ability to perform. The CITY reserves the right to reject bids where evidence submitted, investigation and/or evaluation, is determined to indicate inability of the Bidder to perform. REFERENCES: Provide three (3) references from customers that you have contracted with to provide BOAT RAMP IMPROVEMENTS. NOTE: The information requested must include a current contact name, phone number and email address for each reference. A MANDATORY Pre -Bid Conference and site visit is scheduled for February 11, 2021, at 10:00 A.M. to be held at Harvey E. Oyer Jr. Park, 2010 N. Federal Highway, Boynton Beach, Florida 33435. Proof of attendance will be indicated by the Bidder's signature or their appointee on the attendance sheet provided at the Pre -Bid Meeting. The Mandatory Site Visit Form must be signed by a representative from the City and submitted with the Bid for the Bid to be considered "complete and acceptable". At the time of the bid opening, it will be presumed that each bidder has inspected the site and has read and is thoroughly familiar with the scope of work. The failure or omission of any bidder to examine anyform, instrument or document shall in no way relieve any bidder from any obligation in respect to this bid. ATTENTION ALL INTERESTED BIDDERS: A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW SECTION 1 — SCOPE OF SERVICES 1.1 SCOPE OF SERVICES TO BE PERFORMED: The intent of this invitation to bid is to establish a Contractor who can perform rehabilitation of the Harvey E. Oyer Jr. Park Marina Boat Ramp. The boating community and the users of this facility have stated that the four (4) boat ramps have become difficult to use, due to the current surface conditions. These conditions include both surface materials and the slope of each ramp. The City of Boynton Beach is seeking bids to include all labor, equipment, tools, materials, and permitting for the repair and alterations of the existing boat ramps, floating docks, reconfiguration and resurfacing portion of the existing driveway as illustrated in the Attachment A — Project Plans / Drawings. Due to environmental permitting regulation related to the modification of docking facility. All architectural and structural modifications have been clearly defined within these drawings. • Rework the existing four (4) boat ramps as required to improve their functionality from the standpoint of surface material and possibly ramp slope. • Replace the existing three (3) floating docks located in the marina area. • Rework and repair the driveway surfaces in the immediate areas located at the turn -around and the paved areas directly adjacent to the boat ramps. This will include the replacement of curbing and walkway that may be damaged during the modification described herein. • Remove existing landscape island. • Relocate coral to accommodate new boat ramps. The drawings and annotations included is for schematic purposes only and proposed to establish the criteria for the selective demolition, structural, architectural and site improvements associated with the reconfiguration of docking facility located at 2010 N Federal Highway, Boynton Beach, Florida. The Contractor shall perform all work required for a complete project including all appurtenances associated with this project. Each Bidder is responsible for becoming fully familiar with the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so shall not relieve a successful Bidder of obligation to furnish all material and labor necessary to carry out the provisions of his Contract. At the time of the opening of bids, each Bidder shall be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to Bidder's bid. Nothing in this bid shall be interpreted or construed as relieving any Bidder of any obligation to conduct or attend a mandatory site inspection, as may be required and referenced elsewhere in these bid documents. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 1.2 TERM OF CONTRACT: The Bidder shall agree that if awarded the contract, the Bidder shall complete said work in accordance with the executed contract on the date to be specified in a written "Notice to Proceed" of the CITY. The scope of work shall be completed within 180 calendar days for Substantial Completion. And; Final Completion shall be within 30 calendar days of Substantial Completion. Substantial Completion is defined in the General Conditions for Construction. 1.3 CONTRACTOR RESPONSIBILITY: • Contractor(s) shall provide all supervision, labor, tools, and materials to complete all services as required per bid specifications. • Contractor(s) will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. • Contractor(s) shall provide and ensure the wearing of protective clothing, masks, ear and eye protection, etc., as required by Laws, Regulations, Ordinances, and/or manufacturer's instructions for materials and equipment. The Contractor's personnel shall be in company uniform at all times while working on City property. • Contractor(s) is responsible to educate and provide all safety training and personal protection equipment for all of their personnel including following O.S.H.A Regulations. • Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Forms (Department of Homeland Security's Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified. • The Contractor shall provide all services and necessary items of expense, including but not limited to labor, material, trucking, transportation, equipment, power, supervision, and all other services and items of expense required for the complete performance of all Work. ➢ Pay legally required sales, consumer, and use taxes. ➢ Pay all charges by all suppliers and subcontractors to the Contractor for such work as supporting, replacing, moving or providing protection for their facilities as necessitated by the Contractor's operation. ➢ Pay all costs of restoration of pavements, landscaping, and structures damaged by the Contractor's operation, including all staging areas solely to the satisfaction of the City. ➢ Give all required notices. ➢ Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements of public or quasi -public authorities that bear on the performance of the work. ➢ The Contractor shall be responsible for safely barricading open excavations which may present hazards. ➢ The Contractor shall be responsible for securing all tools, equipment and material at the job site. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 1.4 COMMUNICATIONS: The contractor or his/her representative will meet with the City's designated representative at an agreed upon day or date to discuss schedules, problems, needs, and mutual areas of concern. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 6 HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW SECTION 2 — TECHNICAL SPECIFICATIONS 2.1 TECHNICAL SPECIFICATIONS: EXISTING CONDITIONS AND SITE WORK • Selective Site Demolition • Debris Removal and Dump Fees • Final Cleaning C:(INC:RFTF • Cast in Place Ramps, Landings, Pads, Curbing and Sidewalks • Concrete Cutting & Coring SPECIALTIES • (3) 6" x 70" Floating Ramp Staging piers • Aluminum Pile Guides • Miscellaneous — Cleats, Ladders, Gangways • New Concrete Pilings — 9 Total FARTHXAKIRK • General Site Excavation and Finished Grading • Site Fill EXTERIOR IMPROVEMENTS • Driveway Paving — Asphalt Overlay Only • Driveway Paving Base and New Asphalt • Landscaping and Sodding • Miscellaneous, Curb Repair • Material and Compaction Testing Services • Surveying Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 6 HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW SECTION 3 - INSTRUCTIONS TO BIDDERS 1. Electronic Invitation to Bid shall be received by the City's e -Procurement bidding system no later than: March 11, 2021 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their BID submittal submitted online. 3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 4. It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at Boynton-beachebidsandtendersenet prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. 5. To obtain documents online please visit Bovnton-beachebidsandtendersenet. You may preview the BID documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Bidders are cautioned that the timing of their Submittal Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at su2port bidsandtenders.net. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making BID responses to the City are to be borne by the Bidder. 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Invitation to Bid for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 14. Each Bidder, by submission of an BID response, acknowledges that in the event of any legal action challenging the award of a BID; damages, if any, shall be limited to the actual cost of the preparation of the BID. 15. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 16. BID FORMS: The Bidder will submit a BID on the BID forms provided. All BID prices, amounts and descriptive information must be legibly entered. The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 17. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 18. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 19. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronic by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 20. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 21. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 22. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project E. Supplied all necessary information in connection with the inquiry concerning responsibility. 23. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a pervious bid or on file with the buyer will not satisfy this provision. 24. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents. Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 25. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." d. Not completing the Bid Submittal Forms as required. 26. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas at the Bidders expense. 27. SUBSTITUTE or "OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 10 submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 28. ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments, changes, or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued though the CITY's Procurement Services Division. 29. MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 30. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 31. INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 32. RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami -Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 33. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25% of the contract price. 34. PAYMENT AND PERFORMANCE BONDS: For awarded bids of $25,000.00 or more, the successful bidder shall furnish a performance bond, cash bond, or irrevocable letter of credit or alternative means of security to protect the City from loss in the event of the Contractor's default in the performance of work which is subject of the award. Amount of such bond will be for 100% of the bid price submitted. The successful bidder will provide a Performance Bond for the duration of the work to be completed and for any and all extensions. 35. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide to the City a certified copy of the recorded bond(s). City may not make any payment to Contractor until Contractor has complied with this requirement. Attorneys -in -fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. 36. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 11 resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. 37. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. At times a purchase order will be issued in lieu of a contract agreement. 38. BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for ninety (90) days after the date of the Bid opening prior to award. The CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that start date. 39. INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; the Bidder shall directed questions to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this Bid, no later than ten (10) days prior to the BID deadline. Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings; the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, "Order of Precedence" for more details. 40. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. 41. The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. a. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 12 of this contract, including any officer, employee or agent of the CITY. b. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. c. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 42. BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party. The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 43. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves the right to inspect all facilities of any subcontractor in order to make determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Invitation to Bid. Contractors are encouraged to seek minority and women business enterprises for participation in sub -contracting opportunities. The City reserves all rights in order to make a determination as to the foregoing. 44. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e - Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at Boynton - beach. bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 45. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 13 46. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. 47. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by the Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 48. ANNUAL APPROPRIATION: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City commission of the CITY of Boynton Beach in the annual budget for each fiscal year of this agreement, and is subject to termination at any time based on lack of funding. 49. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 50. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 51. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 52. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 53. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 54. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 55. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 14 reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 56. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 57. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 58. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, bidder 5certifies that bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Bidder been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Bidder of the City's determination concerning the false certification. Bidder shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Bidder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Bidder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 59. E -VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 15 a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 60. NON -COLLUSION AFFIDAVIT: Each Bidder shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 61. TRADE SECRET: Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 62. ANTI -KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 63. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal 64. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". 65. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 16 66. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 67. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 68. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 69. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 70. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 71. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 72. PRICES, TERMS AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 17 Price quoted shall govern. All prices shall be F.O.B. destination, freight pre -paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 73. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 74. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions and all instructions pertaining to the BID. 75. TIME OF DELIVERY: N/A The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. Concurrent to delivery of equipment, the items listed below shall be supplied for each different type or size of equipment and all bodies and accessory equipment installed or furnished. All of these manuals must be delivered with the equipment and normal delivery cannot be accepted until all items listed are supplied. 1. Operator's Manuals — Two (2) copies. These manuals shall provide complete operating instructions and routine lubrication and servicing instructions normally expected of the operator. 2. Maintenance and Overhaul (Shop) Manuals — Two (2) copies. These manuals shall provide complete lubricating and servicing instructions normally not expected of the operator, plus complete maintenance and overhaul instructions required of shop disassembly, inspection, rework test, reinstallation, and provide information on limits, tolerances and torque values. These shall normally include fully illustrated parts break -down for all parts and components. 3. Parts Manuals or Parts Lists — Two (2) copies. These items must cover each part of the component used in the supplied equipment. 4. Wiring and Piping Diagrams and brand names and part numbers of all component parts of equipment and items installed or furnished and not covered in the Manuals — Two (2) copies. 5. Manufacturer's Descriptive Literature, Drawings, and Specifications. Also, furnish factors for safety and toppling and for vehicle strength under worst conditions, if applicable — Two (2) copies of each. All equipment shall be completely assembled, adjusted, and clean. All standard equipment, and specified options shall be installed and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre -delivery service, a thorough condition and specification compliance from these specifications, including manufacturer's standard equipment items, and accessory equipment supplied by the equipment dealer, which are clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. 76. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: ➢ Name and Address of Bidder Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 18 ➢ Contain the Bidder's Federal Employer Identification Number. ➢ A unique Invoice Number ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Date of Service(s) ➢ Provide sufficient salient description to identify the goods or services for which payment is requested; ➢ Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or "final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 77. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 78. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 79. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 80. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne bythe bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 81. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 82. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 19 Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession All records stored electronically by Consultant must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 83. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10. 16.01 provides for a local business preference "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 20 GENERAL CONDITIONS FOR CONSTRUCTION TABLE OF CONTENTS Article TITLE 6.16 Claims No. COVER Article TITLE TABLE OF CONTENTS No. 1. DEFINITIONS 6.17 Responsibility for Connecting to Existing 2. PRELIMINARY MATTERS Work 2.1 Delivery of Bonds and Insurance 6.18 Work in Street, Highway or Other Rights - Certificates of -Way 2.2 Copies of Documents 6.19 Cooperation with Governmental 2.3 Notice to Proceed Departments, Public Utilities, Etc. 2.4 Starting the Work 6.20 Use of Premises 2.5 Pre -Construction Conference 6.21 Protection of Existing Property 2.6 Site Mobilization Meeting Improvements 2.7 Progress Meeting 6.22 Temporary Heat 2.8 Pre -Installation Meeting 6.23 Schedule 2.9 Finalizing Scheduling 6.24 Continuing the Work 2.10 Submittals 6.25 Contractor's General Warranty and 3. CONTRACT DOCUMENTS Guarantee 3.1 Intent 6.26 Deletion/Oversight/Misstatement 3.2 References to Standards 6.27 Exceptions to Specifications 3.3 Review of Contract Documents 6.28 Silence of Specifications 3.4 Order of Preference 6.29 Quality 3.5 Amending Contract Documents 6.30 Conditions of Materials 3.6 Reuse of Documents 6.31 Disposal 4. SITE OF WORK 6.32 Occupational Safety and Health 4.1 Availability of Lands 6.33 O.S.H.A. 4.2 Reports of Physical Conditions 6.34 Conditions and Packaging 4.3 Physical Conditions - Underground 6.35 Underwriters Laboratories Facilities 6.36 Asbestos 4.4 Differing Site Conditions 6.37 Closeout Submittals 4.5 Reference Points 6.38 Temporary Barriers and Enclosures 5. BONDS AND INSURANCE 6.39 Environmental Controls 5.1 Bonds 6.40 Security Procedures 5.2 Insurance 6.41 Product Substitution Procedures 6. CONTRACTOR'S RESPONSIBILITIES 6.42 Field Samples 6.1 Contractor Status 7. OTHER WORK 6.2 Contractor Risk 7.1 Related Work on Site 6.3 Supervision and Superintendence 7.2 Coordination 6.4 Labor, Material and Equipment 8. CITY'S RESPONSIBILITIES 6.5 Concerning Subcontractors 8.1 Communications 6.6 Patent, Fees and Royalties 8.2 Furnish Data 6.7 Permits, Laws and Regulations 8.3 Payments 6.8 Taxes 8.4 Lands, Easements, and Surveys 6.9 Record Documents/Right to Audit 8.5 Change Orders 6.10 Safety, Protection and Emergencies 8.6 Suspension of WORK 6.11 Shop Drawings and Samples 8.7 Estimated Dollar Value 6.12 Site Clean-up 8.8 Quantities 6.13 Public Convenience and Safety 8.9 Additional Terms and Conditions 6.14 Sanitary Provisions 9. CONSULTANT'S STATUS DURING 6.15 Indemnification CONSTRUCTION MOM%=41:104141010 IN] I IM 0 I1014ZWJPA941:11I :7e1414171IN] IIM►R 9.1 CITY'S Representative 14.13 Reduction of Retainage Procedures 9.2 Visits to Site 9.3 Project Representation Article TITLE 9.4 Clarifications and Interpretations No. Article TITLE 15. SUSPENSION OF WORK AND No. TERMINATION 9.5 Measurements 15.1 CITY May Suspend WORK 9.6 Rejecting Defective Work 15.2 CITY May Terminate for Cause 9.7 Shop Drawings, Change Orders, and 15.3 CITY May Terminate Without Cause Payments 15.4 Removal of Equipment 9.8 Determination for Unit Prices 15.5 Contractor May Stop WORK or Terminate 9.9 Decisions on Disputes 16. DISPUTE RESOLUTION 9.10 Inspections and Testing 16.1 Good Faith Effort 9.11 Limitations on CONSULTANT 16.2 Mediation 10. CHANGES IN WORK 17. MISCELLANEOUS 10.1 Authorized Changes 17.1 Giving Notice 10.2 Unauthorized Changes 17.2 Computation of Time 10.3 Execution of Field Change Order/Change 17.3 Notice of Claims Order 17.4 Cumulative Remedies 11. CHANGE OF CONTRACT PRICE 17.5 Accident and Prevention 11.1 General 17.6 Florida Products and Labor 11.2 Cost of the WORK 17.7 Employees 11.3 Contractor's Fee 17.8 Non -Discrimination 11.4 Cash Allowances 17.9 Drug -Free Workplace 11.5 Unit Price WORK 17.10 Public Entity Crimes 11.6 Omitted WORK 17.11 Assignment 12. CHANGE OF CONTRACT TIME 17.12 Venue 12.1 General 17.13 Funding Out 12.2 Liquidated Damages 17.14 CITY'S Purchasing Card 12.3 Reimbursement of Consultant Expenses 17.15 Debarment 13. TEST AND INSPECTIONS: 17.16 Requirements for Personnel Entering CORRECTION, REMOVAL OR CITY'S property ACCEPTANCE OF DEFECTIVE WORK 17.17 Product Recall 13.1 Notice of Defects 17.18 Rights to Bid Documents 13.2 Access to WORK 17.19 Severability 13.3 Tests and Inspections 17.20 Verification of Employment Status 13.4 Uncovering WORK 17.21 Abbreviations and Symbols 13.5 CITY May Stop the WORK 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion 14.7 Partial Utilization 14.8 Final Inspection 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures I1014ZWJPA941:11I :7e1414171IN] IIM►R ARTICLE 1 — DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter: The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated with the award letter, within the time specified, the CITY may enter into a Contract. 1.5 Bid: The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder: Any person, firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, and proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.8 Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order: A written order to the CONTRACTOR executed by the CITY, CONSULTANT, and CONTRACTOR authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4 "Clarifications and Interpretations" or orders minor changes in the Work in accordance with para. 10.1 "Authorized Changes in the Work". 1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has entered into the agreement and for whom the Work is to be provided. The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons designated by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant: The person, firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work entrusted to them at the CITY. 1.13 Consultant's Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents: The Contract Documents establishing the rights and obligations of the parties and include the Contract, Contract/Bid, Addenda, CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award, when attached as an exhibit to the Contract, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, Special Conditions, and the Drawings as the same are more specifically identified in the Contract, together shall all Written Amendments, Change Orders, Field Change Orders (change orders as a result of Field changes), and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format or text, data, graphics, and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price: The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time: The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY: A calendar day of 24 hours measured from midnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings: The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the Work, which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph. GC - 23 1.23 Effective Date of the Contract: The date indicated in the Contract, but if no such date is indicated, it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements: See General Conditions and Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations; Laws or Regulations: Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations, either federal, state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed: The written notice issued by the CITY, or its agents, to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and the date the Contract Work to be completed. 1.29 Partial Utilization: Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. 1.30 Project: The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative: The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder, Offeror, Quoter, or Respondent: An individual or business that has submitted a bid, offer, proposal, quotation, or response, which has the capability in all respects to perform fully the Contract requirements, and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder, Offeror, Quoter, or Respondent, Vendor, Contractor: an individual, or business that has submitted a bid, offer, proposal, quotation, or response, which conforms in all material respects to the solicitation, including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product, material, system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract Documents, and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions: When included as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub -Bidder: One who submits a Bid to a Bidder. 1.38 Sub -Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub -Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion: For purposes of this Contract, and for compliance of those procedures, duties and obligations as set forth in Florida Statutes § 218.70 and § 218.735, the term Substantial Completion shall be as follows, in lieu of any other def nitiom a. "Substantial Completion" is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety and regulatory use, with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific as setforth in attached Special Conditions. C. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest, qualified, responsible and responsive Bidder to whom the CITY (on the basis of the CITY's evaluation as hereinafter provided) makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 1.42 Supplier: A manufacturer, fabricator, supplier, distributor, material man, or vendor. 1.43 Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. b. Materially Unbalanced Bid: a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced GC -24 bid will result in the lowest ultimate cost to the CITY, or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work: Work to be paid for on the basis of unit prices. 1.46 Utilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground or above ground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum, telephone, or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or other control systems. 1.47 Work: Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/ CONTRACTOR under the Contract Documents, including all labor, materials, equipment, and other incidentals, and the furnished thereof. 1.48 Written Amendment: A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2 — PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.1.1 The CONTRACTOR shall deliver to the CITY such Bonds and Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE (1) copy (unless additional copies exist) of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed, but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 1809 V Weis] M-11:11081181►1&Iaall0191 2.5.1 The CONTRACTOR is required to attend a preconstruction meeting within ten (10) days after the effective date of the Contract, but before any Work at the Site is started (unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT and others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop drawings submittals, obtaining permits and Plan of Operation and Critical Path Method (CPM) Schedule shall be reviewed and finalized. As a minimum, the CONTRACTOR's representatives should include its project manager and schedule expert. If the submittals are not finalized at the end of the meeting, additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre -construction meeting. 2.5.3.1 Attendance Required: CITY's Project Manager, CONSULTANT, and CONTRACTOR/CM Project Manager and Superintendent. 2.5.3.2 Agenda: Distribution of Conformed Contract Documents, Confirmation based on prior submission (during Bid process) of the list of Subcontractors, list of Products, Project Safety Plan, Schedule of Values and Progress Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. 2.5.3.4 Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal requests, Change Orders, and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Request, Boynton Beach Department of Engineering Right -of -Way Permit Procedure and Project Sign format will be distributed. 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attendance Required: CITY, CONSULTANT, Special Consultants, and CONTRACTOR, CONTRACTOR's superintendent, and major Sub - Contractors. GC - 25 2.7 2.8 2.9 2.10 2.6.3 Agenda 2.6.3.1 Use of premises by CITY and CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provided by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security and housekeeping procedures. 2.6.2.6 Schedules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining record documents. 2.6.2.10 Requirements for start-up of equipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes and distribute copies within two (2) days after meeting to participants, with copies to all, participants including CONTRACTOR, and those affected by decisions made. PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. 2.7.2 Attendance Required: Job superintendent, major Sub -Contractors and suppliers, CITY, CONSULTANT, as appropriate to agenda topics for each meeting. 2.7.3 Agenda: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations, problems and decisions. 2.7.3.4 Identification of problems that impeded planned progress. 2.7.3.5 Review of submittal, schedule and status of submittals. 2.7.3.6 Review of off-site fabrication and delivery schedules. 2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules. 2.7.3.9 Planned progress during succeeding work period. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination. 2.7.3.13 Other business related to work. 2.7.3.14 Record minutes and distribute copies within two (2) days after meeting to participants, with copies to CONSULTANT, CITY, and those affected by decisions made. PRE -INSTALLATION MEETING: 2.8.1 When required in individual specification section, convene a pre -installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties directly affecting, or affected by, work of the specific section. 2.8.3 Notify CITY and CONSULTANT five (5) working days in advance of meeting date. 2.8.4 Prepare agenda and preside at meeting. 2.8.5 Review conditions of installation, preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three (3) days after meeting to participants with copies to CONSULTANT, CITY and those affected by decisions made. FINALIZING SCHEDULES: 2.9.1 Within ten (10) days of receiving the Notice to Proceed, the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalized progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form and substance. SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK: Administrative and procedural requirements for processing of submittals during construction process. Submittals may include the following: a) Proposed Products Lists b) Proposed Vendor List c) Product Data d) Shop Drawings e) Samples f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation, Handing and Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheduling of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation and Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handling Requirements F. Close-out Submittals Pli[11Ylit.9gaPli[11YAVgr1I11L1X43I.611 �uLill :3JAnI F.11161X"IW7 61PAto] IIto] :a10u1KAu111.111.Yn:iJAlar�■N:i0]1pill VX*01 PA0]9�.Yn:3JAIII F.11■9:[0]1Bill Vx.we] IlIIKMI 2.10.3.1 2.10.3.2 2.10.3.3 2.10.3.4 PA0]911 2.10.3.6 2.10.3.7 2.10.3.8 2.10.3.9 2.10.3.10 2.10.3.11 2.10.3.12 2.10.4 PRODUCT DATA Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. Transmit each submittal with CITY's Standard Transmittal Form. Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. Identify project, CONTRACTOR, Sub -Contractor or supplier pertinent drawing and detail number, and specification section number, as appropriate. Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accord with requirements of the Work and Contract Documents. Schedule submittals to expedite the Project, and delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. For each submittal for review, allow fifteen (15) days including delivery time to and from the CONTRACTOR. Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed Work. Provide space for CONTRACTOR and CONSULTANT review stamps. When revised for resubmission, identify all changes made since previous submission. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. Submittals not requested will not be recognized or processed. 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review, provide copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740 "Project Documentation and Closeout." 2.10.4.2 Product Data for Project Information 2.10.4.2.1 Submittal for CONSULTANT's knowledge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out. 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit required number of copies as per CONTRACTOR/CM, plus two (2) copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable products, models, options and other data. 2.10.4.6 Supplement manufacturers' standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 2.10.4.8 After review, distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the GC -27 Special Conditions 01740 "Project Documentation and Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one (1) copy of Building Permit, Site Permits, Environmental Permits, or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates: 2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub -Contractor, or CONTRACTOR to CONSULTANT, in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date, affidavits, and certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product, but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and CITY's Project Manager. 2.10.5.5.2 Submit report within ten (10) days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit drawings to CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3 — USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to standard specifications, manuals or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as maybe otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANT, or CONSULTANT's agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof and consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 3.3.1.10 Recorded Public Construction Performance and Payment Bond in a form supplied by the CITY, which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bond. GC -28 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR, along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications, including change orders, duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby, and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: 1. Change Order 2. Construction Contract or Purchase Order. 3. Addenda, with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However, In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents, the following descending order of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings, the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 (Amending of Contract Documents), the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specifications, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents), or 2. The provisions of any such Law or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY, CONTRACTOR or CONSULTANT, or any of their Sub -Contractors, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANTS or any of CONSULTANT's agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order (pursuant to Article 10, Changes in Work). 3.5.2 Additionally, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.2.1 A Change Order (pursuant to paragraph 10, Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample (pursuant to paragraph 6.11, Shop Drawings and Samples), or 3.5.2.3 CONSULTANT's written interpretation or clarification (pursuant to paragraph 9.4, Clarifications and Interpretations). 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub -Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings, Special Conditions or other documents used on the Work, and, they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 4 — SITE OF WORK GC - 29 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands of rights-of-way provided. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land: The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of such easement furnished to the CITY and CONSULTANT prior to said use; and neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State, County and CITY Rights -of -Way and Easements: When the Work involves the installation of sanitary sewers, storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across streets, rights-of-way, easements, or other property, the CONTRACTOR shall (as the Work progresses) promptly back -fill, compact, grade and otherwise restore the disturbed area to a basic condition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth, large stones, boulders, and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Adjacent to Telephone, Power, Cable TV, and Gas Company Structures: In all cases where Work is to be performed near telephone, power, water, sewer, drainage, cable TV, or gas company facilities, the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed, prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non -vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY, the CONSULTANT, the Florida Department of Transportation, or other agency or governmental entity having jurisdiction, as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS: 4.2.1 Subsurface Explorations: Where applicable, reference is made in the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.2 Existing Structures: Where applicable, reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3 herein) which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2 "Existing Structures' above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by the CONTRACTOR and safety precautions and programs incident thereto. The CONTRACTOR may not rely upon any interpretation of such technical data, including any interpolation or extrapolation thereof, or any non-technical data, interpretations, and opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface conditions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS — UNDERGROUND FACILITIES: 4.3.1 Indicated: The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data, and 4.3.1.2 The CONTRACTOR shall notify the Underground Service Alert (USA) System, Phone No. 1-800-227-2600 and Sunshine State One Call Services (1-800-432-4770) at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities' respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some (or all) of the utility companies with facilities shown on the drawings may not be members of the USA System or Sunshine State One Call Services, and therefore, not automatically contacted by the above referenced telephone number. The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services, and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities' respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the GC -30 CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.10, and repairing any damage thereto resulting from Work, the cost of all of which shall be considered as having been included in the Contract Price. 4.3.1.5 All water pipes, sanitary sewers, storm drains, force mains, gas mains, or other pipes, telephone or power cables or conduits, pipe or conduit casings, curbs, sidewalks, service lines, and all other obstructions, whether or not shown, shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five (5) calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from the CITY or occupant, or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes, conduits or cables, and shall restore them to service promptly, as part of the Work, as soon as the Work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, natural gas, power, telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown, but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes, ducts, cables, etc. carefully by hand prior to installing their work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown, nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall promptly, after becoming aware of thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility. The Contract Documents shall be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing, of the following unforeseen conditions, hereinafter called differing Site conditions, within twenty-four (24) hours upon their discovery (but in no event later than seven (7) days after their discovery) and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated, described, or delineated in the Contract Documents, including those reports discussed in paragraph 4.2 and 4.3 (Physical Conditions, Underground Facilities), and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto, and advise the CITY in writing (with a copy to the CONTRACTOR) of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order shall be issued as provided in Article 10 (Changes in Work) to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, shall be allowable to the extent that they are attributable to any such inaccuracy or difference. No such change shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work, through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 11 (Change of Contract Price) and Article 12 (Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four (24) hours or no later than seven (7) days of their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide, if available, engineering surveys to establish reference points for construction, which in CONSULTANT'sjudgment are necessary to enable CONTRACTOR to proceed with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 — BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY, furnish Performance and Payment Bonds, each in an amount at least ONE HUNDRED PRECENT (100%) of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. Said bonds must be provided to the CITY within ten (10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY; or the CITY, at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one (1) year GC -31 5.2 after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT (100%) of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company, acceptable to the CITY, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies' as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations vs Treasury Department, and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars ($500,000), all bonds shall be placed with sureties with Best Ratings as stated below: The name, address, and telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to $499,999.99, the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work, otherwise the surety shall have the minimum ratings: CONTRACT AMOUNT BEST KEY RATING Under $500,000 Class IX A or better $500,000 to Class XI A or $2,499,999.99 better Over $2,500,000 Class XIV A or better 5.1.4 The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executed and issued by a registered agent, licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership, the Bond shall be signed by each of the individuals who are partners; if a corporation, the Bond shall be signed in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a) appropriate acknowledgement of the respective parties, b) appropriate duly certified copy of Power -of -Attorney or other certification of authoritywhere Bond is executed by agent, officer or other representative of CONTRACTOR or Surety, c) duly certified extract from by-laws or resolutions of Surety under which Power -of -Attorney, or other certificate of Authority of its agent, officer or representative was issued. 5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent, or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form, and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted to Procurement Services Division. The Bond number must be stated on the first page of the Bond. INSURANCE: 5.2.1 The CONTRACTOR agrees to, in the performance of Work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR, its employees, agents, or Sub -Contractors, if any, with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work under this Agreement. The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department, all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub -Contractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the CONTRACTOR agrees to maintain during the term of this Contract, unless otherwise stated: GC - 32 Occurrence Aggregate Line of Business/Coverage $1,000,000 $2,000,000 Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $2,000,000 (including owned, non - owned, and hired) Worker's Compensation & Employer's Liability - Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub -Contractor shall commence work under this Contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub -Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion, CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Award and the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A -VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier shall give the CITY sixty (60) days notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an "additional insured". The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY. The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement, the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with, at a minimum, a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate. "Claims -Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event, the Bidder shall maintain such Professional Liability Insurance in effect for three (3) years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance, the U.S. Longshoremen and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project, it must be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY and the CONTRACTOR, its employees, agents, Sub -Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. 6.2 CONTRACTOR RISK: 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in their or its bid on the Contract Price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site, has conducted sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the GC - 33 requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work, all materials under the Contract and the CITY's property (including machinery and equipment) in, or on, or adjacent to the Site of the Work until final completion of Work, from action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever, should any damage occur by reason of any of the foregoing, the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY, nor its officers, employees, or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense, the CONTRACTOR shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The term "persons' includes without limitations, members of the public, the CITY and its employees and agents, the Project Manager and his/her employees, CONTRACTOR's employees, CONTRACTOR"s Sub -Contractors and Sub -Contractors respective employees, who are on or about or adjacent to the premises where said Work is to be performed. CONTRACTOR shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted federal, state, and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss, damage and destruction to all of its materials, tools, appliances and property of every description and that of its Sub -Contractors and Sub -Contractor's respective employees or agents, and injury to or death of the CONTRACTOR, its employees, Sub -Contractors or Sub -Contractor's respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. f:1�c�311111191: T0101OFT11Of 11111111011111191VIOn10111101419 6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office). CONTRACTOR shall notify the CITY in writing of the name, title and contact information for the designated supervisor/superintendent. 6.4 LABOR, MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein, and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday observed by the CITY, without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost, stolen, or damaged while stored on the job site. 6.4.3 Condition of Materials: All materials and equipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly: All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. 6.4.5 Materials, Equipment, Products and Substitutions: CONTRACTOR shall verify that materials, equipment, and products incorporated in the Work are ft for their intended purpose before being purchased by the CONTRACTOR. However, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager a list of proposed materials, equipment or products, together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval, pursuant to Section 32, Instruction to Bidders if prior to award, or after award, within ten (10) calendar days after the CONTRACTOR should have been aware of the need for substitution, unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment shall be approved until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material, article, or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other products of equal capacities, quality and function may be considered. The CONTRACTOR may request the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, the opinion of the CONSULTANT and CITY, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair, and replacement service shall be indicated. GC -34 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, additional data about the proposed substitute. 6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation, to operating installation at factories, etc. 6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any work disarranged by such alterations, at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub -Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction, if applicable, to the CITY and CONSULTANT, if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials, Equipment, Products and Substitutions, par. 2) as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two (2) or more pieces of material or equipment of the same kind, type or classification, and being used for identical types of service, shall be made by the same manufacturer. 6.5 CONCERNING SUBCONTRACTORS: 6.5.1 The CONTRACTOR shall not employ any sub -contractor, other persons or organization (whether initially or as a substitute) against whom the CITY or the CONSULTANT may have reasonable objection, nor shall the CONTRACTOR be required to employ any sub -contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub -contractor who has been accepted by the CITY's Project Manager and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. If after bid opening and prior to the award of the Contract, the CITY objects to certain suppliers or sub -contractors, the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increased or extended, the CITY may return the Bid Bond and award the Contract to the next qualified, competent Bidder. If after the award of the Contract, the CITY objects to certain suppliers or sub -contractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub -contractor, supplier, or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub -Contractors and of persons and organizations directly or indirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub -Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub -Contractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub -contractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub -contractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among sub -contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms and Conditions: The CONTRACTOR agrees to bind specifically every sub -contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement: Any and all Work performed for the CONTRACTOR by a sub -contractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the sub -contractor. 6.5.6 Responsibility: The CONTRACTOR shall be responsible for the coordination of the trades, sub -contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work, to bid sub -contractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub- contractors, and to give the CONTRACTOR the same power as regards terminating any sub -contract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub -contractors or between sub -contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT, any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, such Sub -Contractor shall be replaced if and when directed in writing. GC - 35 6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor and equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that product procurement schedules are adequate. 6.5.10.4 Verify that product deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS, FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees and royalties and assume all cost incidents to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances, articles or systems prior to bidding. However, they shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. 6.7 PERMITS, LAWS AND REGULATIONS: 6.7.1 Permits: The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations, United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility (fines, etc). 6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, they shall bear all costs arising therefrom, however, is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project. Such documents shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awarded CONTRACTOR shall maintain during the term of the Contract all books, reports, and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The awarded CONTRACTOR agrees to make available to the CITY's auditor, 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 three (3) years. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County, Office of Inspector General investigators shall have the power without limitation to audit, investigate, monitor, inspect and review the operations, activities, performance and procurement process of the CONTRACTOR, its Sub -Contractors and lower tier subcontractors and its officers, agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub -Contractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR. Upon request by the CITY, CONTRACTOR shall provide the accounting records and documents, and other financial data and shall submit true copies of requested records to the CITY. 6.10 SAFETY, PROTECTION AND EMERGENCIES: 6.10.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: IC14=11 6.10.1.1 All employees on the Work and other persons, who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Site, and 6.10.1.3 Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. 6.10.4 All damage, injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Sub -Contractor, Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable, shall be remedied by CONTRACTOR. CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6 (Substantial Completion) that the Work is acceptable or until any and all final "punch list' items are completed, whichever is later. 6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from Work, arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight (48) hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE: CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS: CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accordance with Laws and Regulations. 6.10.10 SUPERINTENDENT: The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR, without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act, at its discretion, to prevent damage, injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather, and against the possibility thereof, the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shall be provided by the use of tarpaulins, wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather or water level conditions may be, in any season. 6.10.14 If the CONTRACTOR believes that additional work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time, they may make a claim therefor as provided in Article 11 (Change in Contract Price) and Article 12, (Change in Contract Time). 6.10.15 NATIONAL EMERGENCY: In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due to a declaration of war, or national emergency by the United States government, whereas the construction of the type contracted for herein is specifically prohibited by statute or government edict, or due to the stoppage of construction caused by any governmental agency, state, CITY, town, or county regulations, orders, restrictions, or due to circumstances beyond the CITY's control, then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Contract outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced, then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES: 6.11.1 Shop Drawings: After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions, (see paragraph 2.9) copies (or at GC -37 the CONSULTANT's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limited to the following information: 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schedules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as required by project After review, produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design concept and on to the CITY's Project Manager. 6.11.2 SAMPLES: The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review, CONSULTANT shall submit color board to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes and colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection and preparation of color board for CITY's approval. 6.11.2.2 After review and approval by the CITY, provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Include identification on each sample with full project information. 6.11.2.5 Submit number of samples specified in specifications, one of which CONSULTANT shall retain. Reviewed samples may be used in Work, if indicated. 6.11.3 DEVIATIONS: At the time of each submission, the CONTRACTOR shall, in writing, call the CONSULTANT's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW: The CONSULTANT shall review within fifteen (15) days or as extended by CITY, Shop Drawings and samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such shall not indicate review of the assembly in which the item functions. The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times, thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL: No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing, called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of and final payment for the Project by the CITY, the CONTRACTOR shall remove all their surplus and discarded, and excavated materials, and rubbish from the roadways, sidewalks, parking areas, lawns and all adjacent property, shall clean all portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to their occupancy, shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work, and shall leave the whole in a neat and presentable condition. 6.12.2 BUILDING CLEAN-UP: Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free GC -38 from accumulation of waste materials and rubbish. Upon completion of the Work, they shall remove all rubbish, tools, scaffolding, surplus materials, etc., from the building and shall leave their work "broom clean' or the like, unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains and paint from and wash and polish all glass. Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks, stains, fingerprints and other soil and dirt from painted, stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware for all trades, this shall include removal of all stains, dust, dirt, paint, etc. 6.12.2.5 General: In case of dispute, the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience: The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. 6.13.2 Safety: "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and also as soon as area is opened. Approval from the CITY shall be coordinated through the Department of Public Works/Engineering, including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. t:�«y1nn:1:�•��:za�i6y�.��6� 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences, secluded from public observation, for use of all personnel on the Work, whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction. They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 51<ib�I�U7gJil�11�[N�IN7�' 6.15.1 CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its employees, representatives, and elected officials from any and all claims and liabilities including all attorney's fees and court costs, including appeals for which the CITY, its employees, representatives, and elected officials can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR, its employees, or agents, arising out of or connected with this Agreement. The CONTRACTOR shall not be required to indemnify the CITY or its agents, employees, representatives, or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY, or its agents, employees or representatives. 6.15.2 The CONTRACTOR, without exemption, shall indemnify and hold harmless, the CITY, its employees, representatives and elected officials from liability of any nature or kind, including cost and expenses for or on account of any copyright, service marked, trademarked patented or unpatented invention, process, or any other intellectual property right or item manufactured by the CONTRACTOR. Further, if such a claim is made, or is pending, the CONTRACTOR may, at its option or expense, procure for the CITY the right to use, replace, or modify the item to render it non -infringing. If none of the alternatives are reasonably available, the CITY agrees to return the article on request to the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device or materials in anyway involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars ($25.00) of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S. § 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing indemnification and the "Specific Consideration' therefor. 6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes § 768.28, as amended from time to time. M 1i 41I.11kyt61 6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees, by any employee of the CONTRACTOR, any Sub -Contractor, anyone directly or indirectly employed for whose acts may be liable, the indemnification obligation under paragraph 6.15 (Indemnification) shall not be limited in anyway by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any Sub -Contractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.16.2 Obligation: The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT's negligent acts, errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK: 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously GC - 39 installed as required by the Drawings and Specifications to provide a complete installation. 6.18 WORK IN STREET, HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation, grading, fill, storm drainage, paving and other construction or installations in rights-of-way of streets, highways, pubic carrier lines, utility lines (either aerial, surface or subsurface) etc. shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate from the proper authorities stating that the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS, PUBLIC UTILITIES, ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc. , including incidental structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES: The CONTRACTOR shall give all proper notices, shall comply with requirements of such parties in the performance of their Work, shall permit entrance of such parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS: The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.19.4 CODES, LAWS, ORDINANCES AND REGULATIONS: The CONTRACTOR shall have made themselves familiar with all codes, laws, ordinances and regulations which in any manner affect those engaged in the Work, or materials and equipment used in the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding shall be considered on account of their ignorance thereof. 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the project site and land and areas identified in, and permitted by the Contract Documents and other land and areas permitted by laws, ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations, indemnify and hold the CITY harmless from and against all claims, damages, losses and expenses (including, but not limited to fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Site clean and readyfor occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety, nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs, advertisements, fres and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees, sub -contractors and other personnel, and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the Drawings, shall be restored to a condition equal or better, to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR, and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.22 TEMPORARY HEAT: 6.22.1 The CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and materials, within all habitable areas of GC -40 permanent building construction against injury from dampness and cold, until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance. In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions, the permanent heating system shall not be used to provide temporary heat. CONTRACTOR's proposed methods of heating shall be submitted for approval. [:1 W�c�Yel : I q 11111 q i 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments, these shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orders. 1.1 M, 1n11tn10let 1:1MY101 V IN 6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 15 (Suspension and Termination of Work) or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents and shall not be defective. That CONTRACTOR guarantees to repair, replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work, and further guarantees the successful performance of the Work for the service intended. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub -contractors or suppliers, or 6.25.1.2 Normal wear and tear under normal usage 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommendation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so; and 6.25.2.6 Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion, oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreed upon timeframe. 6.26.2 The cost of incidental work described in these Contract requirements, for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing prior to the end of the Bid question period means that the Bidder is complying 100% with the Specifications. All materials may be inspected by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid to be rejected as non-responsive unless the deviation was approved prior to the submittal of bids. 6.27.2 Any deletion, oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory workmanship and/or materials, together with all appurtenances necessary for unrestricted operation, as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: 6.28.1 The apparent silence of any Specification as to any details, or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type, size and design are to be used. All workmanship is to be of first quality. 6.28.2 Work not specified in the Specifications, but involved in carrying out their intent or in the complete and proper execution of the Work, is required and shall be performed by the CONTRACTOR as though it were specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s) not meeting this specification shall be replaced by the awarded Bidder/CONTRACTOR at no additional charge to the CITY. GC -41 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new, warranted for merchantability, ft for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications, the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work, and for which disposition is not specifically provided for elsewhere in these Specifications, it shall contact the CITY to determine if the removal items are to be salvaged. Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner, pursuant to local, state and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR, delivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29, it shall furnish to the CITY's Procurement Services Division, a Material Safety Data Sheet (MSDS). The Material Safety Data Sheet shall be provided to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name and the common name of the toxic substance. 6.32.1.2 The hazards or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire, explosion, corrosion and reactivity. 6.32.1.2.2 The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance, and 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. 6.32.1.4 The emergency procedure for spills, fire, disposal and first aid. 6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6.32.1.6 The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, FL. 32301-5014, Telephone: 1-800-367-4378. 6.33 OCCUPATIONAL, SAFETY AND HEALTH ASSOCIATION (OSHA) 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended, and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new (current production model at the time of the Bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS' LABORATORIES (UL): 6.35.1 Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been established by UL for the items offered and furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents GC -42 6.37.1.5 As -built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and bonds 6.37.1.9 Maintenance service 6.37.2 CLOSE-OUT PROCEDURES 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewed, Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager and CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local, state and federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total adjusted contract sum, previous payments and sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work. 6.37.3 FINAL CLEANING 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior and exterior glass and surfaces exposed to view, remove temporary labels, stains and foreign substances, wax, clean and polish transparent and glossy surfaces, vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer's written recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs, gutters, downspouts and drainage systems. 6.37.3.6 Clean Site, The CONTRACTOR shall sweep paved areas, rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials, rubbish, and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains (coolers). 6.37.3.9 The CONTRACTOR shall clean ledges, countertops, and shelves with all-purpose and non-abrasive cleaners leaving no residue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. [l mC 9:ifll]X"dVx0A1V01Z81411J&1aH : 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Change Directives and written interpretations and clarifications (issued pursuant to para. 9.4) in good order and annotated to show all changes made during construction. The record documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts, maintenance and extra products in quantities specified in the Specifications to the CITY and obtain receipt prior to final payment. [:1Ic�L �4V 1 V HO I I I x.Y 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provide duplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute and assemble transferrable warranty documents from sub -contractors, suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D -size, 3 -ring white binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above -referenced warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE: 6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one-year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine, clean, adjust, and lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination, adjustment, and lubrication of components repairing or replacing parts as required with parts produced by the manufacturer of the original component. GC -43 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project, pursuant to Florida Statutes § 255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS: The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local, state and federal laws and regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES: 6.38.1 SCOPE OF WORK: 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.38.1.3 The CONTRACTOR shall provide a chain link fencing surrounding and separating areas under construction, including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control dust, erosion and sediment, noise, pollution, rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions — 01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement, CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to include storage, office trailers, parking, and lay -down areas. 6.38.2.3 Interruption of pre -approved entry controls shall be coordinated with the CITY's Project Manager prior to proposed interruption. 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post"No Trespassing' and "Hard Hat Area" signs along Project perimeter and at construction access points. "No Trespassing' sign shall include statutory language that area is construction site and that trespassing and theft are felonies and violators will be prosecuted. "No Trespassing" sign shall include name of CONTRACTOR/CM. "No Trespassing" signs shall not be larger than 24" (600mm) by 24" (600mm). "Hard Hat Area" sign shall not be larger than 12" (300mm) by 12" (600mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance, dust or debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead, the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding, plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction including areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. 6.38.4.2 The CONTRACTOR shall provide chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site and for construction access. GC -44 6.39 ENVIRONMENTAL CONTROLS: The CONTRACTOR shall. 6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating or wetting devices to control moisture content of traffic and construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provide berms, dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site. CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide methods necessary to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances or pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10 "Submittal Procedures." 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provide a six (6) foot high, minimum ten (10) gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six (6) foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provide 5/8" C/D plywood sheets, pressure treated or other means of weather protection, with 2 x 4 wood framing at edges and 24" maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provide demising Wall: 5/8" C/D plywood sheets, 2 x 4 wood framing at 24" maximum spacing, and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provide overhead Protection: Metal scaffolding with %" B/C plywood or 2" x 12" wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four (74) miles per hour. 6.40 SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project, mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff, sub -contractors and vendors on Site shall wear identification badges at all times. 6.40.4.2 Identification badges shall be current at time of Project and shall be re -verified and re -issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10 "Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. GC -45 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase, substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase, substitution requests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall identify Project, CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub - Contractor or supplier during construction phase, indicating Specification Section and Paragraph Number of specified material and pertinent drawing and detail numbers, as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review, allow fifteen (15) working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed work. 6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised for resubmission, identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no later than ten (10) calendar days prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements set forth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples, constructed, applied or assembled at the Site for review for use as a quality standard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. 6.41.5.4 Coordinate space requirements, supports and installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes, ducts and conduits as closely as practicable, place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance, and for repairs. 6.41.5.6 Within finished areas, except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of [Cie X,[:1 work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises, coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents, to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements, confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations, lines and levels, utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7 — OTHER WORK FA VIIiI1H4MN]:1:Ii[.9Ih 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work, and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents, no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract (or the CITY, if the CITY is performing the additional work with the CITY's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor, other than CONTRACTOR's own SubContractor, CONTRACTOR shall inspect and promptly report to CONSULTANT in writing, any delays, defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as ft and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION: 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site, the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized, and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8 — THE CITY'S RESPONSIBILITIES &nL7,11111 M0181081 : WIT"IsI i 8.1.1 CITY shall issue all communications to CONTRACTOR, and provide a copy to CONSULTANT. 8.2 FURNISH DATA: 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5 (Review of Application for Progress Payment) and Section 14.10 (Final Payment and Acceptance) of the General Conditions. 8.4 LANDS, EASEMENTS: REPORTS AND TESTS: GC -47 8.4.1 The CITY's duties in respect to providing lands and easements and providing engineering surveys, if available and to establish reference points are set forth in paragraphs 4.11 (Availability of Land) and 4.5.1 (Reference Points) of the General Conditions. 8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2 (Report of Physical Conditions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10 (Changes in the Work) of the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work, suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5 (CITY May Stop Work), Paragraph 15.1 (CITY May Suspend Work). Paragraph 15.2 (CITY May Terminate for Cause) and Paragraph 15.3 (CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations during the contract period. The CONTRACTOR agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased. 1;11 0119111 Wr. 1101aVky,6y.1►110A]►19111 W 61 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered, have any force or effect, and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid and the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9 — CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT (if specifically designated), or a specifically designated employee of the CITY, shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final, if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications, and 9.1.3.2 Schedule and conduct pre -construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination of drawings 9.1.4.5 Schedules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR, and to other concerned parties, 9.1.5.3 Assist in obtaining permits and approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities, and 9.1.5.5 Assist CITY to control the use of Site. 9.2.1 After written Notice to Proceed with the Work, the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations, as an experienced and qualified design professional, CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3.1 The CITY of Boynton Beach or its authorized agents, inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. GC -48 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the CITY may determine necessary, which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. alb�kydW.31111Vgky,II I 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT, CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to final inspection). The CONSULTANT, CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary, whether or not the Work is fabricated, installed or completed. 9.7 SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples) of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work), Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment, etc. shall be pursuant to Article 14 (Payment to Contractor and Completion) of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR, CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless, within ten (10) days after the date of any such decision, the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price) and Article 12 (Change in Contract Time) in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager, the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies) to the Contract promptly (but in no event later than ten (10) days) after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten (10) days after such occurrence, unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim, dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal (unless the CITY's Project Manager and CONSULTANT allow additional time). CONSULTANT with the consent of the CITY's Project Manager shall render a formal decision in writing by thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The CITY's Project Manager's written decision, on such claim, dispute, or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16 (Dispute Resolution), or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten (10) days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable laws and regulations within thirty (30) days of the date of such decision, unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1, (Determinations of Unit Prices), 9.9.1 and 9.9.2 (Dispute Resolution) with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in GC -49 respect of any such claim, dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Administer special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend and administer any required re -testing. 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT CONTRACTOR, any SubContractor, any Supplier or any other person or organization performing any of the Work, or to any surety. 9.11.2 Whenever in the Contract Documents the term "as ordered", "as directed", "as required", "as allowed", "as approved", or terms of like effect or import are used, or the adjectives "reasonable", "suitable', "acceptable", "proper', or "satisfactory', or adjectives of the like effect or import are used to describe a requirement, direction, review or judgment of the CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety, the CITY may at any time order additions, deletions or revisions in the Work; these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document, CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents, except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order, a claim may be made therefor as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Section 3.2 (References to Standards) except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies) or except in the case of uncovering Work as provided in Paragraph 13.4.2 (Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.3.1.1 Changes in Work, which are ordered by the CITY, pursuant to Paragraph 10.1.1 (Changes in the Work) or are required because of acceptance of defective Work under Paragraph 13.9, or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes), provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.24.1. 10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work (whether such changes increase or decrease the amount thereof) or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul, release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to Contract Price or Contract Time) is required by the provisions of any Bond to be given to a Surety, the giving of any such notice shall be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or GC -50 extensions of time, shall be governed pursuant to the ordinances of the CITY. ARTICLE 11— CHANGE OF CONTRACT PRICE Ifif�eigllq:711 11.1.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. 11.1.2 The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (not later than ten (10) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1, if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.1.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved (subject to provisions of Section 11.5. (Unit Price Work) inclusive). 11.1.3.2 By mutual acceptance of a lump sum (which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a (Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work (determined as provided in Section 11.2, inclusive) plus a CONTRACTOR's fee for overhead and profit) determined as provided in Section 11.3, Contractor's Fee, inclusive. 11.2 COST OF THE WORK: 11.2.1 General: The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7 (Exclusions to Cost of the Work). 11.2.2 Labor: The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday, Sunday and legal holidays, agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment: The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor: The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors, The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT, which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee, the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work, and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof — in accordance with terms of such rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional bonds and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work: The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR"s principal or branch office for general administration of the Work and not specifically included in the agreed GC -51 upon schedule of job classifications referred to in Paragraph 11.2.2 (Labor) or specifically covered by Paragraph 11.2.5 (Costs of Special Consultants) — all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. 11.2.7.2 Expenses of any of CONTRACTOR's offices, including principal and branch offices, other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.2.6 (c) above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR, any subcontractor, supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs, i.e. where worker hours exceed a typical 8 -hour day and 40 -hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2 (Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overhead and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee; or if none can be agreed upon, 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.2.2 (Labor) and 11.2.3 (Materials and Equipment) the CONTRACTOR's fee shall be five (5%) percent. b. For costs incurred under Paragraph 11.2.4 (Subcontractors), the CONTRACTOR's fee shall be five (5%) percent, and if a subcontract is on the basis of Cost of the Work plus a fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five (5%) percent. c. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6 (Supplemental Costs) and 11.2.7 (Exclusions). d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten (10%) percent of the net decrease, and e. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a) through 11.3.1.2(d) inclusive. 11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT, an itemized breakdown together with supporting data. ffi[!1IX814V1�IN*3 11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY, CONTRACTOR agrees that: 11.4.1.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site, including labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment, an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price shall be deemed to include for all Unit Price Work, an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work, times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8 - Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work, and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price, if the parties are unable to agree as to the amount of any such increase. 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof, CITY may make a claim for a decrease in the Contract Price in accordance with Article 11— Change in Contract Price if the parties are unable to agree as to the amount of any decrease. GC - 52 11.6 OMITTED WORK: 11.6.1 The CITY may at anytime, by written order, without Notice to the Sureties, require omission of such contract Work as it may find necessary or desirable. An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices, or rates for work of a similar nature or character as set forth in the Contract, or 11.6.1.2 By the appropriate lump sum price set forth in the Contract, or 11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT, and approved by the CITY. ARTICLE 12—CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order. Any claim for an extension or shortening of Contract Time shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than seven (7) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice to the extent of the claim with supporting data shall be delivered within seven (7) days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of continuing cause of delay, only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) that, in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY, acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 — Related Work at Site, fires, floods, epidemics, or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay due to inclement weather (i.e. beyond the 10 -year mean average) shall be the made within ten (10) days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the control of both CITY and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR, and SubContractor, any supplier, any other person or organization, or to any surety or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts of neglect by utility owners or other contractors performing work as contemplated by Article 7 — Related Work at Site. 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completed within the times specified in Paragraph 2.3 — Notice to Proceed plus any extensions thereof allowed in accordance with Article 12 — Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the damages which would be suffered by CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expenses and difficulties involved in providing proof of such damages in a legal proceeding, the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $100 $20,001 to $75,000 $200 $75,001 to $150,000 $500 GC - 53 $150,001 to $350,000 $750 $350,001 to $750,000 $800 $750,001 to $1,000,000 $1,000 $1,000,001 to $2,000,000 $1,200 $2,000,001 to $3,000,000 $1,500 $3,000,001 to $4,000,000 $1,600 $4,000,001 to $5,000,000 $1,700 $5,000,001 to $6,000,000 $1,800 $6,000,001 to $7,000,000 $1,900 $7,000,001 to $8,000,000 $2,000 $8,000,001 to $9,000,000 $2,100 $9,000,001 to $10,000,000 $2,200 $10,000,001 to $11,000,000 $2,300 $11,000,001 to $12,000,000 $2,400 $12,000,001 and over $2,500 For each day that expires after the time specified in Paragraph 2.3 — Notice to Proceed, for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $25.00 $20,001 to $75,000 $50.00 $75,001 to $150,000 $125.00 $150,001 to $350,000 $187.50 $350,001 to $750,000 $200.00 $750,001 to $1,000,000 $250.00 $1,000,001 to $2,000,000 $300.00 $2,000,001 to $3,000,000 $370.00 $3,000,001 to $4,000,000 $400.00 $4,000,001 to $5,000,000 $425.00 $5,000,001 to $6,000,000 $450.00 $6,000,001 to $7,000,000 $475.00 $7,000,001 to $8,000,000 $500.00 $8,000,001 to $9,000,000 $525.00 $9,000,001 to $10,000,000 $550.00 $10,000,001 to $11,000,000 $575.00 $11,000,001 to $12,000,000 $600.00 $12,000,001 and over $625.00 For each day that expires after the time specified in Paragraph 2.3 — Notice to Proceed. 12.2.3 This sum is not a penalty. The CITY reserves the right to additionally recover directjob site expenses, including CONSULTANT's expenses incurred during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages provided by this Article is joint and several. ARTICLE 13— TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK I H81111141 1110191119 x1166 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work, whether or not completed, may be rejected, corrected or accepted as provided in Article 13 — Tests and Inspections: Correction, Removal or Acceptance of Defective Work. 13.1.2 Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the guarantee, shall subject the remedied portion of the Work to an extended guarantee period of one (1) year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. 13.2 ACCESS TO WORK: 13.2.1 CONSULTANT's and CONSULTANT's representatives, other representatives of the CITY, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections, tests or approvals. 13.3.2 If any federal, state or local laws and regulations require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith, and furnish CONSULTANT the required GC -54 certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. 13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 13.3.5 Observations by CITY, CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligation's to perform the Work in pursuant to the Contract Documents. 13.3.6 General: For tests specified to be made by the CONTRACTOR, the testing personnel shall make the necessary inspections and tests, the testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five (5) copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerequisite for the acceptance of any material or equipment. 13.3.7 If, in the making of any test of any material or equipment, it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents, the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment, or to remove it promptly from the Site or from the Work and replace it with acceptable material, without cost to the CITY. 13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR, unless otherwise expressly specified. 13.3.10 Materials and equipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses, where necessary, that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests: As soon as conditions permit, the CONTRACTOR shall furnish all labor, materials and instruments and shall make start- up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents, the CONTRACTOR shall, prior to demonstration tests, make all changes, adjustments and replacements required. The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation and replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT's request shall uncover, expose or otherwise make available for observation, inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective, CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 — Change in Contract Price and Article 12 — Change in Contract Time in the General Conditions. 13.5 CITY MAY STOP THE WORK 13.5.1 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents, the CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.6.1 If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, GC - 55 installed or completed, or if the Work has been rejected by CONSULTANT, remove it from the Site and replace with non -defective Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply, the CITY may do of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR, or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one (1) year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal, state or local laws and regulations, or by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents; any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CITY's written instructions, either correct such defective Work, or if it has been rejected by the CITY, remove it from the Site and replace it with non -defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Paragraph 13.7 —'One Year Correction Period", the correction period hereunder with respect to such Work shall be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead of requiring correction or removal and replacement of defective Work, CITY (prior to CONSULTANT's recommendation of final payment), if CONSULTANT prefers to accept defective Work CITY may accept defective Work. If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of and determination to accept such defective Work (such costs to be approved by CONSULTANT as to reasonableness and to include but not limited to fees and charges of engineers, architects, attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11 — Change of Contract Price. If acceptance occurs after such recommendation, CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty (30) days after written notice of CONSULTANT to proceed to correct defective Work, or remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven (7) days written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site and incorporate in the Work, all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CONSULTANT, the CITY's Representative agents and employees, such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All direct, indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. The CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefore as provided in Article 11 —Change of Contract Price. Such direct, indirect and inconsequential costs shall include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs, and all costs of repair and/or replacement of Work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION: [COM"1:1 14.1 SCHEDULE OF VALUES 14.1.1 The schedule of values established as provided in Paragraph 2.9 — Finalizing Schedules, shall serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The quantities for payment under this Contract shall be determined by actual measurement of the completed items in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials, labor, tools and equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities herein estimated by the CONSULTANT, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed by federal, state or local law, at the end of each calendar month, the CONTRACTOR shall submit to the CONSULTANT for review, an Application for Payment (AFP) filled out and signed by the CONTRACTOR, covering the Work completed as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specified in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub -total. 14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission, at the end of the continuation sheets and shall list by Change Order Number, and description, as for an original component item of work. 14.3.4 As provided for in the Application for Payment (AFP) form, the CONTRACTOR shall certify for each current pay request that all previous progress payments received from the CITY, under this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment incorporated into the Work are free and clear of all liens, claims, security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment (AFP) like obligation discharge affidavits by all subcontractors. 14.4 CONTRACTOR'S WARRANTY OF TITLE: 14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment, whether incorporated in the Project or not, shall have passed to the CITY prior to the making of an Application for Payment, free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"), and that no work or equipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing equipment for the Project, subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: 14.5.1 CONSULTANT shall, within ten (10) days after receipt of each Application for Payment, either indicate in writing, a recommendation of payment and present the Application to the CITY, or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make necessary corrections and resubmit the Application. Thirty (30) days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation, the amount recommended shall (subject to the provisions of the last sentence of paragraph 14.5.4) become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommendation of any payment requested in the Application for Payment shall not prohibit the CITY from withholding payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in Paragraph 14.10, Final Payment and Acceptance, have been fulfilled. 14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if, in CONSULTANT's opinion, it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss, including but not limited to: 14.5.4.1 The Work is defective or completed Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been required to correct defective Work or complete Work pursuant to Paragraph 13.9, or GC -57 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive (CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work, or there are other items entitling the CITY to credit against the amount recommended but the CITY must give CONTRACTOR written notice (with a copy to CONSULTANT) stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is requested cannot be verified by the CITY. 14.5.7 Claims or Liens have been filed against the CITY relating to the Project or there is reasonable evidence indicating the probable fling thereof. 14.5.8 Upon unsatisfactory obligation of the Work, including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.5.10 Upon liquidated damages payable by the CONTRACTOR, or 14.5.11 Upon any other violation of, or failure of CONTRACTOR to comply with, the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shall notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY, the CONSULTANT and the CONTRACTOR shall make an inspection of the Work within fifteen (15) calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete, the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete, the CONSULTANT shall prepare and deliver to the CITY for its execution and recordation, the Certificate of Substantial Completion, signed by the CONSULTANT and CONTRACTOR, which shall affix the Date of Substantial Completion. 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the "punch list', pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged work except such as may be caused by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion, the CITY, with the approval of the CONSULTANT and with written notice to the CONTRACTOR, may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the CITY, CONSULTANT, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all Work subject to the following: 14.7.3.1 The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen (15) days after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete, the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time, request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen (15) days thereafter, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY, CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Workwhich shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation (unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work, the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. GC -58 14.8 FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. ILlF01♦I1►raWa»1[IL`1IIQ01to] :a9:0Inq►11 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents (as provided in Paragraph 14.6, Substantial Completion) and other documents- all as required by the Contract Documents, and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to CITY) of all Liens arising out of or filed in connection with the Work. 14.10 FINAL PAYMENT AND ACCEPTANCE: 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation, the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper, and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant, shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears, to the best of the CONSULTANT's knowledge and belief, to conform to the Contract Drawings, Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY, the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, or as may be lawfully retained, including but not limited to, Liquidated Damages, as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty (30) days after approval by the CITY of the Application for Final Payment, the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. 14.11 WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents or the Performance and Payment Bonds, and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. IEIPP kill 1IN.1116111N00]aBill V X*01 As per Florida Statutes § 218.735(7)(a)(ii), punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows. 14.12.1 Within fifteen (15) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist ('Punchlist') of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR, CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough. At its option, CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself, or thereafter for a period of thirty (30) days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty (30) days following the scheduled Substantial Completion Walkthrough, CONTRACTOR shall again initiate and request a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist) and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty (30) days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. GC - 59 14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes § 218.735(7)(d) until the CONTRACTOR considers the Final Punchlist to be 100% complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty (30) days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100% complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non -conforming or corrective work for the CONTRACTOR to address. The intent of any such CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150% of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes § 218.735(7)(d), CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity, but rather total costs are based upon the value (i.e. cost) of completing such work activity based upon market conditions at the time of Final Punchlist completion. 14.13 RETAINAGE PROCEDURES: 14.13.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five (5) percent of all monies earned by the CONTRACTOR and shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the constriction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(d). 14.13.2 This section does not prohibit the CITY from withholding retainage at a rate less than five (5%) percent of each progress payment, from incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract, or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor, services, or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor, services, or materials supplies by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.3 This section does not require the CITY to pay or release any amounts that are subject of a good faith dispute, the subject of a claim brought pursuant to Florida Statutes § 255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.4 The time limitations set forth in this section for payment requests, apply to any payment request for retainage made pursuant to this section. 14.13.5 Paragraphs 14.13.2 do not apply to construction services purchased by the CITY which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. 14.13.6 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is $200,000 or less. 14.13.7 All payments dues under this section and not made within the time periods specified by this section shall bear interest at the rate of one (1%) percent per month, or the rate specified by contract, whichever is greater. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK: The CITY may, at any time and without cause, suspend the Work or any portion thereof for period of not more than ninety (90) days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, CONTRACTOR may make a claim as provided in Articles 11 (Change of Contract Price) and Article 12 (Change of Contract Time) of the General Conditions. 15.1.2 THE CITY MAY STOP WORK: The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition. A verbal Stop Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by fling a petition or otherwise under any other federal or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code (Title 11, United States Code) as now [44Mi111 or hereafter in effect at the time of fling, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors, 15.2.1.5 If CONTRACTOR admits in writing an inability to pay the debts generally as they become due, 15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revised from time to time), 15.2.1.7 If CONTRACTOR disregards any federal, state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR disregards the authority of CONSULTANT; or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination, the CITY may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred. The CITY may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work (including additional managerial and administrative services, plus the CITY's direct, indirect and consequential losses), exceeds the unpaid balance on the Contract, the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default, shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, any and all claims for consequential damages, loss of bonding capability, destruction of business, unabsorbed home office overhead, lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY, the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. I1919�ylr•A&FTIVAIgVkvill r.1111111a4Una 15.3.1 The CITY may terminate this Contract without cause by giving seven (7) days prior written notice to the CONTRACTOR, and in such event, the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including overhead, general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination, if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it, all or some subcontracts, construction, plants, materials tools, equipment, appliances, rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment: In the case of termination of this Contract before completion, for any cause whatever, the CONTRACTOR, if notified to do so by the CITY or CITY's Project Manager, shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. 15.5.1 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY, or under an order of court or other public authority, or CONSULTANT fails to act on any Application of Payment within thirty (30) days after it is submitted, or the CITY fails to pay any sum finally determined to be due within sixty (60) days to CONTRACTOR, CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven (7) days written notice to the CITY and CONSULTANT, terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event, the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to the CITY GC -61 and CONSULTANT, stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24 — Continuing the Work, to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16 -DISPUTE RESOLUTION IP%% elele7Hy1111.111to] 01 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract, shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times, the CONTRACTOR shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract, the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 17 — MISCELLANEOUS: IFAi C7p/11[ei010111419 17.1.1 All notices, requests, consents and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to To CITY: User Department 100 E. Ocean Avenue Boynton Beach, Florida 33435 WITH A COPY T0: Director of Financial Services Procurement Services Division 100 E. Ocean Avenue Boynton Beach, Florida 33435 CONTRACTOR: Individual or to a member of the firm or to an officer of the corporation for whom it is intended. 17.2 COMPUTATION OF TIME: 17.2.1 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday, such day shall be omitted from the computation. 17.3 NOTICE OF CLAIM: 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within seven (7) calendar days of the first observance of such injury or damage. The provisions of this Paragraph 17.3 shall not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CULMULATIVE REMEDIES: 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6 — Contractor's Responsibilities, Section 13 — Test and Inspections, Correction, Removal or Acceptance of Defective Work, Section 14 — Payments to Contractor and Completion, and Section 15 — Suspension of Work and Termination, and all of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal, state and local laws or regulations, by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents, and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. 1aPII:fJ 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death, occupational diseases, or injury requiring medical attention or causing loss of time from Work, arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes § 255.04, which requires that on public building contracts, Florida products and labor shall be used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails, refuses, or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project, or who appears to the CITY or CITY's Representative to be disorderly, intoxicated, insubordinate, or incompetent, shall upon the order of the CITY, be discharged at once and will no longer be employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT, or their inspectors by the CONTRACTOR or its employees or agents, shall be authority for the CITY to annul the Contract and re -let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other form of compensation, and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG -FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug -Free Workplace and have their Drug -Free Workplace policy posted in their offices and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES: 17.10.1 Pursuant to Florida Statutes § 287.133, as amended, 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 on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes § 287.017 for CATEGORY TWO or higher for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereunder, or any part thereof, shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY, to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE: 17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY during the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials, supplies and other items needed for GC -63 daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to debar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: 17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings. Nor shall violation of Federal, State and local laws and policies regarding Drug -Free Workplace be tolerated. Violators shall be subject to immediate termination. 17.16.2 "Firearm" means any weapon (including a starter gun or antique firearm) which is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame of receiver of any such weapon, any destructive device, or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises 17.16.4 If any employee of CONTRACTOR or Sub -Contractor is found to have brought a firearm on CITY property, such employee must be terminated from the Project by the CONTRACTOR or Sub -Contractor. If the Sub -Contractor fails to terminate such employee, the Sub - Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub -Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminated. IFAFl 9ZIQ11111108111111 V 00110 17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled, seized, or embargoed, and/or has been determined misbranded, adulterated, or found to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any state or federal regulatory agency, the CONTRACTOR shall notify the CITY's Procurement Services Division within two (2) business days of receiving such notice. The CITY's acceptance or failure to reject the affected product as non -conforming shall not in any way impact, negate, or diminish the CONTRACTOR's duty to notify the CITY, CONSULTANT and CITY's Procurement Services Division that the affected product has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the name and description of the affected product; the approximate date the affected product was delivered to the CITY; the bid number; and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY, if necessary to protect the health, welfare, and safety of CITY employees, and any health hazards known to the CONTRACTOR which may be caused or created by the affected product. 17.17.2 The CONTRACTOR shall, at the option of the CITY's Procurement Services Division, either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the CITY. The CONTRACTOR shall be responsible for removal and/or replacement of the affected product within the time specified by the CITY, without causing significant inconvenience to the CITY. 17.17.3 At the option of the CITY, the CONTRACTOR may be required to reimburse storage, disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affected product with an equivalent replacement within the time specified by the CITY, without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS 17.18.1 All copies and contents of any proposal, attachment, and explanation thereof submitted in response to this Invitation to Bid (except copyright material), shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use, at its discretion, and in any manner it deems appropriate, any concept, idea, technique or suggestion contained therein. All copyright and industrial/commercial proprietary, confidential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protected until award of contract, in accordance with Florida Statutes, Chapter 119. Such material shall be returned to the Bidders prior to award of contract so as to preserve the proprietary and confidential nature of its contents. 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract, or the application thereof to any person or circumstances shall to any extent be held invalid or unenforceable, the remainder of this Bid or Contract, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this Bid/Contract shall be deemed valid and enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions contained in U.S. C. Section 1324a(e) (Section274A9e) of the Immigration and Nationality Act (INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. GC -64 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referenced Standards: Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or standards, the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents, the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Board Products Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti -Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associated General Contractors of America AGMA American Gear Manufacturer's Association AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers (Now IEEE) AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association (Now ANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing and Materials AWG American Wire Gauge AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturer's Association BIA Brick Institute of America (Formerly, SCPI) CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and Bridge Construction, Floride Department of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East -Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification CCUMICU. FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders' Hardware Association NBS National Bureau of Standards NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code NECA National Electrical Contractors' Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S. Department of Labor, Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre -stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PS IA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station (100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories, Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute ACR Attenuation -to -Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials (ASTM International) AWG American Wire Gauge BD Building distributor (replacing main -cross connect and MDF as "building service" (room identifiers) BICSI® Building Industry Consulting Service International, Inc. BTU British Thermal Unit CATV Community Antenna Television (Cable Television) CD Campus distributor (replacing main -cross connect and MDF as "campus -wide service" room identifiers). Also, compact disk for storage of audio or video information. CClaw,61 dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene -polypropylene -diene membrane EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room, Replacing "TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross- connect, and telecommunications as "building service" room identifiers). Also, Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far -End Crosstalk FOTP Fiber Optic Test Procedure Freq Frequency GE Ground equalizer (replacing TBBIBC) Grid Ground HB Handbox, also hose bibb for water supply part of plumbing system HC Horizontal Cross -Connect (replaced by floor distributor "FD") HH Handhole HVAC Heating, Ventilation, and Air -Conditioning Hz Hertz IC Intermediate Cross -Connect (replaced by "BD" or "FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross -Connect (replaced by campus distributor "CD") MDF Main Distributor Frame (replaced by "CD" or "BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile -butadiene rubber NEC National Electric Safety Code, C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference RH Relative Humidity RNC Rigid nonmetallic conduit SM Single Mode TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor (replaced by ground equalizer "GE") TE Telephone Equipment (Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications Industry Association TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room (being replaced with "ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights and Measures shall be identified by Weights and Measures Division, NIST., U.S. Department of Commerce, 100 Bureau Drive, Stop 2600, Gaithersburg, MD 20899-26. END OF SECTION [aPII.11A HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW SECTION 3 — SPECIAL TERMS AND CONDITIONS It will be the responsibility of the successful Bidder to supply necessary labor for completion of services if requested by the City of Boynton Beach. 2. The City by written notice may terminate in whole or in part any Contract resulting from this Bid when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 3. It shall be the responsibility of the successful Bidder to maintain workers' compensation insurance, professional liability, property damage liability insurance and vehicular liability insurance; during the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the Contractor until such time as the items and/or work has been accepted by the City. The successful Bidder shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. 4. The City of Boynton Beach reserves the right, before awarding a Contract to require a Bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Proposer, including past performance (experience) with the City in making the award in the best interest of the City. 5. The successful Bidder shall at all times guard from damage or loss of property of the City or of other Contractors and shall replace and/or repair any loss or damage unless such has been proven to have been caused by the City, or other Contractors. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Bidder or his agent. 6. The Bidder shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 68 HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Proposer Acknowledgement — Online Acknowledgement b) Bid Form — Upload Online c) Price Proposal — Online Form d) Bidders Qualification Statement — Online Form e) Addenda Acknowledgement — Online Acknowledgement f) Anti -Kickback Affidavit — Upload Online g) Non -collusion Affidavit of Proposer — Upload Online h) Confirmation of Minority Owned Business - Online Form i) Certification Pursuant to Florida Statute § 287.135 - Upload Online j) Confirmation of Drug Free Workplace - Online Acknowledgement k) Palm Beach Inspector General - Online Acknowledgement 1) Local Business Certification - Online Form m) Statement of Non -Submittal (if applicable) - Online Form n) Schedule of Sub -Consultants — Online Form o) Submit current Florida Professional License, including evidence of possession of required licenses or business permits — Attach and Upload p) Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form —Attach and Upload q) References — Online Form r) Submit any Supplemental information relative to this BID — Attach and Upload s) Bidder's Site Inspection Confirmation —Attach and Upload t) E -Verify Form Pursuant to Florida Statute § 448.095 — Upload Online Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 69 INVITATION TO BID FOR HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW BID FORM "TO IIL E COII III' IIL.IIETIED AND t.1III' IIL.OAIDIQD OIISIIL.IIIIISIIS The work under this project consists of but not limited to: Services from a qualified Contractor to provide pricing for labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach. Submitted By: (BIDDER) Date: To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK inconformity with the drawings and specifications listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 70 5. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of 120 a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 71 ITE M DESCRIPTION COST NO 15 1 New Concrete Pilings — 9 Total $ 16 General Site Excavation and Finished Grading $ 17 Site Fill $ SUBTOTAL I $ SUBTOTAL I $ 18 1Driveway Paving — Asphalt Overlay Only $ 19 Driveway Paving Base and New Asphalt $ 20 Landscaping and Sodding $ 21 Miscellaneous, Curb Repair $ 22 Material and Compaction Testing Services $ 23 Surveying $ SUBTOTAL I $ TOTAL BID PRICE $ (In Numbers) TOTAL BID PRICE (In Words): It is the contractor's responsibility to provide a bid to complete the job. BIDDER SHALL INPUT PRICES INTO THE CITY'S E -PROCUREMENT BIDDING SYSTEM Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 73 2 BIDDER'S QUALIFICATION STATEMENT "TO B IE C III IEIL IE"TE ILS OWLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. BIDDER'S True, exact, correct and complete Name, Principal Address, Phone, Email Address: 2. How many years has your organization been in business under its present business name? 3. Under what other former names has your organization operated? 4. Names and titles of all officers, partners or individuals doing business under trade name: 5. The business is a: Sole Proprietorship a Partnership a Corporation u 6. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 7. What is the last project of this nature that you have completed? 8. Have you ever failed to complete work awarded to you. If so, when, where and why? THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 74 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 10. Indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 11. Will you sublet any part of this WORK? If so, give details. 12. State the name and address of Attorney, if any, for the business. 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 16. What will be your turnaraound time for written responses to the City's inquires?. 17. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1 ? YES a NO u THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 77 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22. Bank References (include name, job title, address and telephone number of contact person) — Minimum 1 23. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non -Governmental Related Work Total Work a +b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 77 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 25. Provide description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signe (Title) Subscribed and sworn to before me This day of 12021 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 77 BIDDER'S SITE INSPECTION CONFIRMATION Check One: ❑ NON -MANDATORY ® MANDATORY BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID NO.: 002-2511-21/RW as an authorized representative of: (Name and Title of Representative) (hereinafter called the bidder) located at (Name of Company) and that said Company Address bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. DATE OF INSPECTION CITY OF BOYNTON BEACH TITLE OWNER'S REPRESENTATIVE SIGNATURES FOR MANDATORY SITE INSPECTION THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 78 ANTI -KICKBACK AFFIDAVIT "TO IIL E C OII III' IILJ TIIED AND U III' IIL.OAIDIQD OIIS IILJ IIS IIS STATE OF FLORIDA ) SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP By: NAME - SIGNATURE 2021 Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 79 NON -COLLUSION AFFIDAVIT OF BIDDER "TO IIL E C QIS III' IILJ TIIED AND t.1III' IIL.OAIDIQD GIS IIL.III IIS IIS State of ) County of ) 1) He is (Title) has submitted the attached BID: , being first duly sworn, deposes and says that: of , the bidder that (Name of Corporation or Integrator) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in anyway colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BIDspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This day of 20 (Signed) (Title) Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 80 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 "TO IIRE C QI III' IIL.IIETIED AND t.1 III' IIL.OAID EIQ GI IIL.III II II I, , on behalf of that Print Name and Title does not: Company Name Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. certify Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 82 with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME DATE TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 82 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES "TO IIRE C QI III' IIL.ETIIED AND U III' IIL.OAID EID GI IIL.III II II Project Name: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT Solicitation No.: 002-2511-21/RW 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 84 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notifythe Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 84 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and TBD, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Contractor is retained by the City to provide Boynton Beach Boulevard Extension Hardscape, Landscape, and Irrigation Improvement. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated , which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT Bid Number: 002-2511-21/RW the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR'S bid in the amount of: 1.0 SCOPE OF SERVICES 1.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 1.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 1.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 1.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 1.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 1.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 1.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 1.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 1.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the Engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 1.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 1.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 2.0 TIME FOR PERFORMANCE 2.1 Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement. 3.0 CONTRACT TIME Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Contractor must commence work on a date to be specified in a written "Notice to Proceed" of the CITY and to be fully complete 180 calendar days for substantial completion and Final Completion shall be within 30 consecutive calendar days thereafter. 3.1 Upon failure of Contractor to obtain Substantial Completion within the deadline stated in Paragraph 3.1, plus approved time extensions, Contractor shall pay to City the sum of I for each calendar day after the deadline for Substantial Completion, plus any approved time extensions, until Substantial Completion is obtained. After Substantial Completion, should Contractor fail to complete the remaining work within the deadline stated in Paragraph 3.1, plus approved time extensions thereof, Contractor shall pay to City the sum of $3,500 for each calendar day after the deadline for Final Completion, plus any approved extensions, until Final Completion is obtained. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy of the Project. Liquidated damages are hereby fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both Parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete this contract on time. 3.2 The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ and that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 PROTECTION OF EXISTING FACILITIES 4.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 4.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other CITY or CITYs of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, CITY or CITYs for the removal and replacement or protection of such property or utilities. 5.0 INDEMNIFICATION Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 5.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 5.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 5.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 5.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 6.0 PAYMENT BY CITY 6.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 6.2 SCHEDULE AND PROGRESS REPORTS The Contractor must submit a proposed schedule of the work (Gantt or CPM Chart) and a preliminary list and schedule of shop drawing submissions at the pre -construction conference. The purpose of this list and schedule is to enable the CITY and the Architect to govern the work, to protect the functions of the local government and its citizens, and to aid in providing appropriate surveillance. The CITY shall have the right to reschedule work provided that rescheduling is in accord with the remainder of the terms of this Contract. The schedule shall show, as a minimum, the approximate dates on which each segment of the work is expected to be started and finished, the anticipated earnings by the Contractor for each month, and the approximate number of crews and equipment to be used. The Architect, after necessary rescheduling and obtaining additional information for specific purposes, shall review and approve the schedule. The Contractor shall also forward to the Architect and Project Supervisor as soon as possible after the first day of each month, a summary report of the progress of the various parts of the work under the Contract, in fabrication and in the field stating the existing status, estimated time of completion, and cause of delay, if any. Together with the summary report, the Contractor shall submit any necessary revisions to the original schedule for the Architect and CITY's review and approval. The detailed construction schedule shall be updated monthly and submitted with the Contractor's request for payment. 6.3 PROSECUTION OF WORK The work shall be prosecuted at such time or in or on such part or parts of the project which such forces of workmen, materials and equipment as may be ordered by the Architect in writing, to complete the project as outlined in the drawings, specifications, Contract and schedules, including such detailed drawings as may be furnished by the Architect from time Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project to time during the prosecution of the work in explanation of said drawings. If at any time the materials and appliances to be used appear to the Architect as insufficient or improper for securing the quality of work required, or the required rate of progress, he may order the Contractor to increase his efficiency or to improve the character of his work. The Contractor shall conform to such an order. The failure of the Architect to demand any increase of such efficiency or any improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress necessary to complete the work within the limits imposed by the Contract. The Contractor shall perform the work and take such precautions as he may deem necessary to complete the project so all work will be in first-class and acceptable conditions within the Contract time according to schedule. b. If the Contractor desires to carry on work at night or outside the regular hours, he shall submit application to the CITY, but he shall allow ample time to enable satisfactory arrangements to be made for inspecting the work in progress. The CITY could grant permission unless local regulations prohibit such work. If granted permission, he shall complywith all regulations and legal requirements. Contractor shall be responsible to pay for all inspection services outside of regular hours at a rate of $100/hr. 6.4 WORKMANSHIP, MATERIAL AND WORKMEN a. Unless otherwise stated in the detailed specifications, all workmanship, materials and articles incorporated in the work covered by this Contract shall be of the most suitable grade of their respective kinds for the purpose and acceptable to the Architect. The Architect shall decide the question of quality where the expression "or equal" is used in the specifications following reference to a specific manufacturer of equipment or materials. When and to the extent required by the specifications or by the Architect, the Contractor shall furnish the Architect for review, full information concerning the materials or articles or methods of work which he contemplates incorporating the work. Samples of materials shall be submitted for review when requested. Machinery, materials, articles installed or used, or unusual methods of work used without such review shall be at the risk of subsequent rejection. b. The CITY may require the Contractor to remove from the work such employees as the CITY deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the work is deemed to be contrary to the CITY' interest. 6.5 DELAYS AND EXTENSION OF TIME a. If the Contractor is delayed at any time in the progress of the work by any act or neglect of the CITY or his employees, or by any other Contractor employed by the CITY, or by changes ordered in the work, or by strikes, fire, lockouts, unusual delay in transportation, unavoidable casualties or by delay authorized by the CITY pending arbitration, or by any cause which the CITY shall decide to justify the delay, then the time of completion may be reasonably extended by the CITY. b. No extension shall be made for delay unless notice of a claim is made by the Contractor in writing to the Architect within seven days of the event or incident causing the delay. If no schedule or agreement stating the dates upon which drawings shall be furnished is made, then no claim for delay shall be allowed on account of failure to furnish drawings until two weeks after demand in writing for such drawings and not then unless such claim is reasonable and otherwise provided by "Notice" as defined in the General Condition for Construction. In the event of any delay in the project caused by any act or omission of the City, Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project its agents, or employees, the sole remedy available to Contractor shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to Contractor in association with any delay in the project caused by any act or omission of the City, its agents or employees. For the purpose of this section the phrase "the City, its agents and employees" shall include but shall not be limited to the Architect, Project Supervisor, and consulting Architects. This article does not exclude the recovery of damages by the City for delay caused by Contractor under other provisions in the Contract Documents 7.0 CHANGES IN THE WORK 7.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 7.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 7.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: a. Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. b. Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. C. No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. d. Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. e. Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 7.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: a. By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or b. If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. a.) The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. b.) The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. c.) Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. d.) In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. e.) In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. f.) In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. g.) For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. h.) Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 7.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 7.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. 8.0 OWNERSHIP AND USE OF DOCUMENTS Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 8.1 All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 9.0 COMPLIANCE WITH LAWS 9.1 Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 10.0 INSURANCE 10.1 The Contractor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. 10.2 Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 11.0 INDEPENDENT CONTRACTOR 11.1 The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 12.0 COVENANT AGAINST CONTINGENT FEES 12.1 The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 13.0 DISCRIMINATION PROHIBITED 13.1 The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 14.0 ASSIGNMENT 14.1 The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 15.0 GUARANTEE AND WARRANTIES 15.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 16.0 TERMINATION OF CONTRACT 16.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: a. Complete the contract in accordance with its terms and conditions, or b. Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 17.0 CONTRACT CONTROLS 17.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 18.0 TIME OF ESSENCE 18.1 In as much as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 19.0 REMEDY FOR DELAY 19.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 19.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 19.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 19.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Engineer, project manager and consulting Engineers. 20.0 NON -WAIVER 20.1 Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 21.0 TERMINATION 21.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. 21.2 In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 22.0 DISPUTES 22.1 Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 23.0 NOTICES Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-10 Notices to Vendor shall be sent to the following address: 24.0 INTEGRATED AGREEMENT 24.1 This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 25.0 PUBLIC RECORDS 25.1 Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-11 26.0 E -VERIFY 26.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-12 27.0 SCRUTINIZED COMPANIES - 287.135 AND 215.473 27.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-13 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and same agreement among the parties. A facsimile signature shall constitute an original signature for all purpose." IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH VENDOR NAME Lori LaVerriere, City Manager (Signature), Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Witness Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C-14 KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement PFB- 1 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvev E. Over Jr. Park Marina Boat Ramo Improvement Pro iect PFB- 2 Signed and sealed this day of 12021. Witness Witness Bid No. 002-2511-2 Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD E. Over Jr. Park Marina Boat Ramo I PFB- 3 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Address or legal title of contractor) hereinafter called Principal, and (Insert name of Contractor) (Name and address of Surety) as Principal, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 20207 entered into a contract with Owner for accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB-1 performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 2 notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 3 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of , 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Affiant Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project WT- 1 City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined I060JCL1010We101TlMO YA 002251121 - Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Opening Date: February 5, 2021 12:00 PM Closing Date: March 11, 20212:30 PM Vendor Details Company Name: anzco inc Does your company conduct business under any other name? If fl yes, please state: 9671 Carousel Circle S Address: Boca Raton, florida 33434 Contact: john zak Email: jzak@anzcoinc.com Phone: 561-699-3602 Fax: 954-532-2624 HST#: 20-8208440 Submission Details Created On: Thursday March 11, 2021 11:49:47 Submitted On: Thursday March 11, 2021 14:13:04 Submitted By: john zak Email: jzak@anzcoinc.com Transaction #: 4b580057-36d3-47bd-a88c-d144816433ba Submitter's IP Address: 173.162.121.194 Bid Number: 002251121 Vendor Name: anzco inc Page 139 of 636 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, andlor lump sums, hereinafter stated. 'Denotes a "'MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY' and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID PROPOSAL - Price Proposal Online Form The Bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The Bidder proposes to deliver the service in accordance with the specifications for "HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT" Note: The quantities shown may not reflect the actual amount required Installed in the field. It is the contractor's responsibility to verify and provide a bid for the quantity of items needed to complete the Job. Any discrepancies shall be brought to the attention of the Procurement Services. -------- DESCRIPTION ---___.___- pfVIStON DESCRIPTION QUANTITY UNlT COST, TOTAL. .. ._-__._.. .....__ �, _..._...._ ..... ..... ... ...- ---_ 01 - General Conditions Mobilization / Demobilization 1 LUMP SUM $56,000,0000 $ 56,400.00 .. �,,.,.....__ ,, -- --- �. ,. ........_._ Insurance 1 LUMP SUM ,$5,600 0000 $ 5,6_00.00 ..n .......... __ �„ ...__ .. m .__ ----- ...... Contractor's Supervision 1 LUMP SUM $36,000.0000 $ 36,000.00 _x„ _...._....... �,.,,», ....._._. p._� -,> _.....__ ......... ......... al inspections 1 LUMP SUM $i0 000 0000 $ 10 000 00 _ ....._.... S eci �,„� �,� ..,.. .,.,00. Permitting Fees t LUMP SUM $20,000.0000 $ 20,000.00 General Regtgrements 1 LUMP SUM �$2 500 0000 $2,500.00 .. .........m ... ......___ m 02 - Existing Conditions and Site Selective Site Demolition 1 LUMP SUM $47,000,0000 $ 47,000.00 111fOCIS ...... __.. m„o Debns Removal and Dump Fees 9 LUMP SUM $5,000.0000 $5,000.00 ,,,,,,, .__..... _... �..._ �m ,,,, ..,, .. ---- .... .._._.________ _ .... ... Final Cleaning 1 LUMP SUM $2,500.0000 $ 2,500,00 03 Concrete __ ... .. ®,�a�o Cast �.�.�. -- ..... __ mm, ..... ......... .. Concrete in Place Ramps, Landings, Pads, 1 LUMP SUM $403,740.0000 $ 403,740.00 Curbing and Sidewalks ----- ..... ,. Concrete Cutting & Coring 1 LUMP SUM $2,000.0000 $2,000.00 1 D - Speaalties (3) 6” x 70” Floaft Ramp Staging 3 EACH $69,000.0000 $ 207,000.00 Piers _ - U ,��„�„U ,gym " , , , 000 $ 6 400 00 „m ,H � $3 400 0000 $ 3 400 00 9r�New CancreteaP Pilings dais, Gangways 9 EACH SUM $6 900 0 Aluminum Pile Guides _ 1 LUMP SUM (9) 41,822.0000 $ 16,398.00 31 - Earthwork General Site Excavation and Finished 1 LUMP SUM $87,900.000 $ 87,000.00 Grading .,W._ LUMP SUM $12,000.000o .Site Fill m,.. � _��.�.,,.,._,.��,.., ' � $12,000,00 improvements Driveway Paving Asphalt Overlay Only 1 LUMP SUM $B4O00.0000 $8,000.00 32, Exterior ,m, ..� __., ��,,,,��, _ _ --,,., �oo..,.- _ .. ..�� „� __ ... ....., (➢nveway Paving - Base and New Asphalt 1 LUMP SUM $17 fl00.000011111-1-1-1 $17,000.00 - jLandscaping and Sodding 1 LUMP SUM $2,500.0000 $2,500.00 ...,. ,. ..... .;, j$ „0 OOG0 $ 2,400 00 m� 1 LUMP SUM $10 OOOD00 $5.000.00 Miscellaneous Curti Repair 1 LUMP SUM ! 2 000 0 Matenal and Compaction Testing Services 1 LUMP SUM $5 000 0 -.. ISurve L .0600 $10,00000 Surveying m ___--- -__ _.�_._._________-_— .... ......,. Bid Number: 002251121 Vendor Name: anzco inc Page 140 of 636 Confirmation of Minority Owned Business A requested form to be made apart of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Bid responses Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach - F7 We will not be submitting for Local Business Status Certification __ _ ......... ....w.... 1 the business )ocated within the Does the business have a Is the business registered ;City limits of business tax receipt issued in with the Florida Division of Number of years in business Business license number" Boynton Beach, the current year? ' Corporations? Florida? ...... ,..,.,. .,., ,. r Yes r Yes r Yes r No r Na r No Contractor Qualifications Provide three (3) projects at a minimum of $350,000.00 per project completed annually for each of the past three calendar years (2018, 2019, 2020). The firm must itemize this work using this form. CoMiactor Qualifications: 1. Contractor must be licensed as a General Contractor for five (5) years in the State of Florida. 2. Contractor must be in business for the last five (5) years under the same name. the Contractor must have an adequate organization, facilities, equip[ment and personnel to insure prompt and efficient service. The CITY reserves the right, before recommending any award, to inspect the facilities to determine ability to perform. The CITY reserves the right to reject bids where evidence submitted, investigafion and/or evaluation, is dtermined to indicate inability of the Bidder to perform. work`Hlatory Reject 1 Minimum 360dC �" Protect 2 -Minimum $350K w ,�,�.Project ,a 3 . Minimum $360K Work History - Calendar Year 2018 Bldg 29 Boca Raton Utilities Bldg 25,33 & 52 Drying Bed 1401 Glades road 1401 Glades Road 1401 Glades Road Boca raton, FI. 33431 Boca Raton, 8 33434 Boca Raton, Fl. 33431 -, ....... —_ --- _�....... ....... 842000.00 ------ 855000.00 � 365000 Work History Calendar Year 2019 Daggerwing Park Turtle Run Dev � ._ � � �... Turtle Run Sound Barrier PBC County 6601 Sample Coral Springs Turtle Run Blvd 376000 720000.00 Coral Springs, fl. 3065 _ _____ _ WCalendar _ _ _ 366000.00 Work Histo Year 2020 History Fume Hoods Boca Raton Utilities Bldg 27 & 48 Boca Raton Utilities Boca Raton ........, rport IStreet 1401 Glades Road 1401 Glades road 803 NW 35th Sma Raton, FI, 33431 Boca Raton, FI. 33431 Boca Raton, FI. 33431 487400.00 1515000.00 356000.00 Bid Number: 002251121 Vendor Name: anzco inc Page 141 of 636 References Provide three (3) SIGNIFICANT PROJECTS current or completed in the last 3 years from customers that you have contracted with to provide Flardscape, Landscape and Irrigation Impeovements. The City is interested in learning of other experiences with your firm, as such; please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Procurement or designee will email and or call each reference up to three (3) times. Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be property licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. °�. S Vt �IIIY;,i Id I^ C`f;9iI�CVIII i t 1@P ICI+ l'181 hr SU ryamia Address .. Boat Lifts and Dock 989 NW 31st Ave 1 Pompano Beach, FI. 33089 TetraTechInc. 1901 South Congress Ave Boynton Beach, R. 33426 ........_ -- 3-D Paving 9315 W. Sample Road Coral SDdnas, FI. 33065 Documents i d klri, Il,i,i,fel G1,11allpelron"il11,18 mol cI""I'l'lli their "VWWI,4i i till"�r,ll „iou" and installation of docks relocation and Paving work Ensure your submission documents) conforms to the following: 913115 31800.00 3.5016 ,,, — .,............... 70000 00 1 . ....., ,,. p ... certified ....... 25000.00 ......... 2.7% Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Number: 002251121 Vendor Name: anzco inc Page 142 of 636 Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner's Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. IIWE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s) which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If IAIVE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (1120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the owner. 5. IANE acknowledge and agree that any issued Addendum/Addenda forms part of the Bid Call Document. 6. UWE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and In furtherance thereof may demand and obtain records and testimony from the Consultant and its sub - consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsullants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal 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 submittals 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: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, 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. 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. 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. F IMle have the authority to bind the Company and submit this Bid on behalf of the Bidder. - John Zak, President, Anzco Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes a No The Bidder acknowledges and agrees that the addendumladdenda below form part of the Bid Document Please check the box in the column 1 have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 002251121 Vendor Name: anzco inc Page 143 of 636 Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 13:28:57 Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 13:29:33 • h nlr „llh„u, l�,7il Aff iG,,S �.Ila;,i�;i:„,i',.-Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 13:30:04 •','�r:.191gIlrntifl.9"IllG1PA1f�c,1fSQwj dSu�ua,.j-SBEcertificate10.26.18.pdf-ThursdayMarch11,202114:11:44 • a. 110.11„i7.11"ilk "4��.�ah.a I�V9IQ Eu.C'.11a E111Qfw, RE,J,'3,"'..-Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 13:30:33 •-a.�l,,ii�ii i „i;°iaa°,r .I�,�iIla,l„p I'i4,.tr.,a,,u,,�i��sl II uc81'Se, irICIL4tii.i.�w1.4,,�� 1� 7or .; % ]° .+. ',.jai Qf i'r„igji)ed 9ice: iii e o i"llbuj iues,,s pen ntj$-2022 GC license 6.20.20.pdf- Thursday March 11, 2021 13:31:12 „p,6bnaol pi QQJ 4”! a�f^ * .l2rd.. it7!IIS°„�St.1 j[EaIDM :Rt tl ea. lla;,vejz aI[Rf]:4iftd 4m IN LJw.l.:il ?I ^„ I o:II:1.., Scanned Bid Documents 3.11.21.pdf - Thursday March 11, 2021 13:32:30 • Iu:wrol�i ea.1:b4w+Diwt,, Lr2r.„VIIIMI,,a.Oh"OeU1..EAli IMQ.pl, ftmloalhf Jceri�,,!:, b�a DE E14,,i 1u,,l:,pll9'fi.ilca�:1.N.^?Jlilaui,lt�.l:�:y�'„lf-Palm Beach business tax 2021.pdf - Thursday March 11, 2021 13:33:48 ;,iWz r la.iq D21111 - Scanned Bid Documents 3.11.21.pdf - Thursday March 11, 2021 13:34:44 a;;S, uriClfr, llu„c':y;,,2M11R,'9i (k VV_1z,?-w-93.11.21.pdf-Thursday March 11, 2021 13:43:37 • ,^a,iotll,pr��r°;hJl.t ,r,'�,�url •1:�4-Scanned Bid Documents 3.11.21.pdf-Thursday March 11, 2021 14:12:45 Bid Number: 002251121 Vendor Name: anzco inc Page 144 of 636 I': have rarw WAir,a i1w, File Name belaw" arida ndiumii anid Pages pIli ii' i'fde) Addenda No 1 - Harvey E Oyer Jr. Marina Boat Ramp Improv Tue March 9 2021 09:43 AM 6i 2 Bid Number: 002251121 Vendor Name: anzco inc Page 145 of 636 BIDDER'S QUALIFICATION STATEMENT TO BE COMPLETED ONLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. BIDER S True, exact correct and com ilete fume, Principal Address Phone Email Address: ... m 2. How many years has your organization been in business under its present business name? & Under what other former names has your organization operated? IW" 4. Names and titles of all officers, partners or individuals doing business under trade name: .....u�� r m ... . �I 5. The business is a: Sole Proprietorship ' ' Partnership Corporation 6. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: �...,,,,,,,, t�" �` �,t t u m6 a r' �� 7. What is the last project of this nature that you have completed? 8. Have you ever failed to complete work awarded to you. If so, when, where and why? 1111 i' ....... . THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Sid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 74 Page 146 of 636 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 10. Indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. mn, ( ....... ..m . 11. Will you sublet any part of this WORK? If so, give details. 12. State the name and address of Attorney, if any, for the business. far 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: lm5.... . 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: to 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 16. What will be your turnaraound time for written responses to the City's inquires?. �..... _ ...... ... ................... 17. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #,V YES;V NO THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 147 of 636 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. �(=1 *. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. N—t� r 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. f 22. Bank References (include name, job title, address and telephone number of contact person) – Minimum 1 4-4cf 71 t a i „1u � µw� m. ......... ... ,,,,, 'W"nliU1'Y'�ur�M 23. Annual Average Services Revenue of the Proposer for the last three years as follows: ue a. i Government Related Work b „I Non Governmental Related, Work Total Work Ia THIS PAGE To BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 148 of 636 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. C. . _ ��,...... 25. Provide description of quality assurance/quality control management methods. R] I The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signed'" ., ..' — .. �.. �,.,.. (Title)„ r , y Subscribed and sworn to before me This 1 ) day of t- , 2021 Public My Commission 1111MONEY L. ROY #r ,� COmm1010n # OG 978014 Expires August 12.2024 ° ? . Bonded TIvu Tmy Fain bwwa 89Q-885.7019 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2513-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 149 of 636 INVITATION TO BID FOR HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID No.: 002-2511-21/RW BID FORM TQ BE WMPLI�TED_ P iIPLQ ED ©NLINE The work under this project consists of but not limited to: Services from a qualified Contractor to provide pricing for labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach. Submitted BY IIAU?ac_ Date 1 (BIDDER) ,,._.,,.... To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter_ 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK inconformity with the drawings and specifications listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CON5IDERED COMPLETE AND ACCEPTABLE Bid No.00 2 2511-21/RW — Harvey E_ Oyer Jr. Park Marina Boat Ramp Improvement Project 70 ...... 5. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code , _ ._... ........... Business Phone Number Email Address W 2A < Cell Phone Number 1 '_ 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this t I day of . —, 20_2—'I'. a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b. (if a corporation) �- (Affix Seal) Signature of BIDDEN By Attested by Secretary Incorporated under the Taws of the State of�r� TH15 PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 71 aae 0 ANTI -KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE . . .. ............ SS 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton each as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of tNmt,@arVZJ—r5Ti1y1 By: '7�1 .' . ........... . ........ . ......... SIGNATURE ME Sworn and subscribed before me this day of 1-4A- CC., 14 . . . . ....... "s NOT PUBLI('",iiii `ha`te�Florida at Lar 'I MELONEYLR OY ACommnim#G39 7801 4 4ExplrasAugust JZ2024 ;,Bonded RnTmI* k==m= 8WV5q019 "OFFICIAL NOTARY SEAL"STAMP , 2021 Printed Information: Jeo4l 2;�P�, 1244 . ......... ............. . ....... NAME THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE --- . . ........ . . - TITLE-- . ......... COMPANY Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 79 Page 152 of 636 BIDDER'S SITE INSPECTION CONFIRMATION Check One: ❑ NON -MANDATORY ® MANDATORY BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID NO.: 002-2511-21/RW (Name and Title � of Reprativefc a') .... ( — as an authorized representative of: esent .. (hereinafter called the bidder) located at (Name of Company). � ._ and that said Company Address bidder has visited the site of the Work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. DA'E OF INP 7 TION CITY OF OYNTON �,,, BEACH .m , OWNER'S REPRESENTATIVE M SIGNATURES FOR MANDATORY SITE INSPECTION THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 78 Page 153 of 636 0 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE COMPLETED . a QNLINE AND UPLOADED Project Name: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT _. .. _ . ..... Solicitation No.: 002-2511-21/RW 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448,095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ; contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW— Harvey E. Oyer Jr. Paris Marina Boat Ramp improvement Project 84 Page 154 of 636 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated, b) If the City has a good faith belief that a subcontractor knowingly violated S. 448.095 (2), but the Contractor otherwise complied with s. 44&095 (2) Fla, Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) -A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. a) If the contract is terminated for a violation ofthe statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Print Name: Title P ....... A-ARr.5 ....... . . . . ........ Date: . . ....... Phone: STATE OF COUNTYOF 1 std ) The foregoing instrument was acknowledged before me by means of 0 physical presence or Fj online notarization, this IC) day of by on behalf of He/she is personafly . ........... ... . ....... . ........ . . ..... ......... . . . ... .. . I known to me or has produced as identification. L U�M I Al 1 . . ................ --"" . .. . . . ... . ......... . . .... I . ..... . . ... .. Title or Rank THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina goat Ramp Improvement Project . ... ..... . . . ........ Serial number, if any 84 Page 155 of 636 NON -COLLUSION AFFIDAVIT OF BIDDER TD AUPLOADED ONLINE BE COMPLETED AND LELIE .., .� ._ . _. .m , ..... _.._ �m ... State of ) a County of ... � ) being first duly sworn, deposes and says that: 1) He is Pta of , __....... __. _.. m.__ —.....,the bidder that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BlDspiracy, connivance or unlawful agreement any advantage against the Cit of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the J�ka r or any of its agents, representatives, owners, employees, or arties in interest, Ince ;trr t P P � his affiar,�. r (Shed, (Title) Subscribed and sworn to before me This day of� „�„ 20, ."` Notary Pu Ilc (Signa My Commission Commission Expiri4� n xitiL••. 11CIlWNi onv Commission # GG 97$019 EXOMAU9U 32, 2029 Burkled Thm Troy F6Inawa = 800_W&7019 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 062-2511-21/Rw — Haney E. Oyer Jr. Park Marina Boat Ramp Improvement Project gp Page 156 of 636 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 TO BE COMPLETED AND UPLOADED ONLINE _ - a `...., on behalf of certify Print Name and Title Company Name that o does not: Company Name 1. Participate in a boycott of Israel; and 2_ Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan hist; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 82 Page 157 of 636 With the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed On the Scrutinized Companies With Activities in p s in the Iran Petroleum Energy Sector List, Sudan list or the Scrutinized Companies With Activities W 2 -All , COMPANY NAME' C SURE .,, PRINT NAME DATE -11 r ....,,,_....m TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No 002 2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 82 Page 158 of 636 PENN W N A n PC •o N../ w � V V ,� quo ^ U � „PIK Qn 4" � v o � � U 0 o � U� El Page 160 of 636 O V t* � N U wl 00 o a 0o��.� •y p a � CIOZ5 ca uC4'VN a til w U .� W m 4° t H .4 PENN W N A n PC •o N../ w � V V ,� quo ^ U � „PIK Qn 4" � v o � � U 0 o � U� El Page 160 of 636 ANNE M., GA.11Q'N021Q, P.O. Box 3353, West Palm Beach, FL 33402-3353 "LOCATED AT** 9671 GOLA ECTO R www.pbctax.com Tel: (561) 355-2264 SffJ-vfv9.P';h'K Beach C'wrmry CAROUSEL I CR S 0 Sel"Artg'ou, BOCA RATON, FL 33434-3926 Y 23-0051 GENERAL CONTRACTOR A11ZC0 INC ANZCO INC 9671 CAROUSEL CIR S BOCA RATON FL 33434-3926 I- IN -1 +111 UP -1111-1111. 1111111 11 [111] 1111 [oil 11111111 1111 G TIFICATIO #2 RECEIPT #011)ATE PAID �'AIM�T i�Aib BILL # RECEIPT It: ;;G 20296294 13431 0"'I Z20 �962 01112412'0 4 :,-33oa, J'J'0" STATE OF FLORIDA PALM BEACH COUNTY 202012021f. SS Wt4�W— LBTR NuMber: 201013321 EXPIRES: SEPTEMBER 30,2021 This receipt grants the privilege of engaging in or managing any business profession or occupation within Its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. Page 161 of 636 AC ©® CERTIFICATE OF LIABILITY INSURANCE E (MM1)DlYYYI'I THIS CER (FICA , — _J . .� �A0212312029 BELOW, THIS CERTIFICATE OF INSURANCE DOE O NEGATIVELY AMEND ERTEN TIFICATE IS ISSUED AS 5 NOT CONSTITUTE� D OR ALTER THE COVERAGE AFFORDED T T A MATTER OF IN INFORMATION ONLYNDCON FERS NO RIGHTS UPON THE CERTIFICATE H ,..� CERTIFICATE DOES NOT AFFIRMATIVELY OR NE ATI LDER. THIS RACT HE POLICIES BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IM SUBROGATION ISi0bif—ANF-' If the cWAIV to holder is"an ADDITIONAL ENSURED, th "P policy, y( y'} P es may require - - o'r be en � Ydorsed' PRODUCER ED, subject to the terms a d conditer inions of the of such endorsement solic DDI ay regL ire an endorsements A statement on this certificate does not confer r1 ° hts to the certificate RODUCER ONTA—.'."" .,......^ ,„.-.-...... W.F. Roemer Insurance NAME; DepartmentT PHONE NW 724 Avenue rare. Noe1954-731-5566 _ qrC Not: 954=731-8438 Coral Springs FL 33065 E PRATE r — — — INSURERS AFFORDING COVERAGE I NAIC IF "°----- ------_------------_..—-_____...�— _ ! INsuRERA: American Builders Insurance Co 11240 INSURED ANZCO-i -----�--- Anzco, Inc. IysurdEl? a :Evanston Insurance Gom an -- - .._!?_ °�-.��-.-�_ 35378__ 9671 Carousel Circle South INSURER C : Travelers Casualty Insurance CoT_P81�y a 190of America Boca Raton FL 33434 INSa ° °. y URER D : James River Insurance Co 12203 INsuRERE .... ... „ C— ---L— NsURER F _ —.,... � w�„��, REVI AGES � ”" ” °SIONMUMCER:THEPOLI � " CERTIFICATE NUMBER. 1975963860 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR " 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. AD L SUER .R'N TYPE OFINSURANCE �OLECY EFF. POLICY EXP 9.��,,,,,,,....-_ CY NiJMB R,_____ „�.,�UPfrMfDaV1 °�,d„7:., �JNM DU�'W',!4"r�°� . ...,. LIMITS i D }( COMMERCIAL GENERAL LIABILSTY Y I '� �^-------� •- 001130850 2/2212021 222/2022 EACHOCCURRENCE $1,004,000 - CLAIMS -MADE OCCUR DA AGE 1rO RENTET �. . PREMISE, S_°�p�urrenCe a 5100,044 i ..__._........_®.__._-._ MED EXP (any one person) $5,000 ._ �_ I PERSONAL&ADV INJURY $1,000,440 ' GEN'L AGGREGATE LIMIT APPLIES PER: I GENERALAGGREGATE $2,000,000 _— POLICY PRO- --... ..-.. —_ _,. - PRO-JECT LOC i PRODUCTS- COMPIOP AGG r GTHFR° II . ..—....,. C AUTOMOBILE LIABILITY . $ BA 3P520g90-2042-G X j ANYAUTO 1111111111211 1!18121124 11118!2021 LEa°_acadenl) __ 000,000 $1, _ OWNED SCHEDULED AUTOS ONLY AUTOS '� BOD3LYINJURY (Per Person) $ ILY -- I BODILY BODNJURY (Per accieen_-°°t) -$ HIRED NON OWNED AUTOS ONLY AUTOS ONLY _ P_ROPERTY pAMKd_E B X uMBRELLALIAB X_.....-. — OCCUR MPXS3001937 .•a., „�,- --_., -„ $ 2/2212021 2/22/2022 EXCESS LIAe 1 CLAlMS -MADE ��.- EACH OCCURRE NCE -- �_£ 1,000,000 — DED RE— TIDN T, AGGREGATE $' 1004000 A WORKERS I --y---� AN13 EMPLOYERS' WCV 008831 10LIABILITY - 21/2021 XY!H SER STATUTEANYPROPRIETORlPARrNEwexecunvE OFFICERlMEMSEREXCLUDED7 ❑ 1 N 1 A EL EACH ACCIDF;NT_ 1 004400 in NH) _$ U(Mandatory se. describe under . E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ._... ,DESCRIPTION OF OPERATIONS below , �� E L DISEASE - PCLICY LIMIT ..Y...."""",,,,--. I $1.000.000 DESCRIPTION V 101 The interest oof City of Boynton Beach 5 iI eluded sRAddit onal Insured when required b awritten contract subject to ece is poli conditions. ICLrS ( policy terms and conditi� Y y y P q Y ons. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 E Ocean Ave Boynton Beach FL 33425 AUTHORIZED REPRESENTATIVE�'R�""""'" ( ) The ACORD 09988-2EliSACORDCORP"„� ”""""'—__.�,,°°°,° _ ORATION. All rights reserved. ACORD 25 2016103 name and logo are registered marks of ACORD Page 162 of 636 Farm Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service CV a� to as CL C 0 m c O a c ao w �U C R W m CP rn I Name (as shown on your income tax return). Name is required on this line; do not leave this line blank Anzco Inc. namerdisregaraea entity name, it 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single -member owner. J Other (see instructions) ► -�- Address (number, street, and apt. or 9671 Carousel Circle South _,,.,. 1111.. 6 City, state, and ZIP code Soca Raton, FI. 33434 account number(s) here Taxnaver Identification Number Requester's name 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (0 any) Exemption from FATCA reporting code (if any) (ApplOs to -counrs mas,Wned.,d.,de rhs U.S.) 1111 Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number ,.,,.,,m ._..,.,� backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entities, itis your employer identification number (EIN). If you do not have a number, see How to get a T!N on page 3. or Note. If the account Is in more than one name, see the instructions for line f and the chart on page 4 for �Empoyer rdenifica4vn®� number -y guidelines on whose number to enter. 0 �" G i . 2l0ll —I 8121018V4�'4�0 m . uerurncaaon 1111. .. ................ ........ __1111 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because. (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (iany) indicating that I am exempt from FATCA reporting is correct. Certification instructions- You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonmw w of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other you are not required to sign the certification, but you must provide your correct TIN. See the instructions on oaoe 3. s - hurl Signature of" Here tl.S.person► Genera! Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/hvg. Purpose of Forth An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report an an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes. awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Date 1 • Form 1098 (home mortgage interest), 1098-E {student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TW you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA raporting? on page 2 for further information. Cat. No. 10231X Form w-9 (Rev. 12-2014) Page 163 of 636 002251121 - Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Opening Date: February 5, 2021 12:00 PM Closing Date: March 11, 20212:30 PM Vendor Details Company Name: Custom Built Marine Construction Does your company conduct business under any other name? If St. Lucie yes, please state: 3119 Hammond Road Address: Fort Pierce, Florida 34946 Contact: Robbie Belasic Email: Robbie@custombuiltmarine.com Phone: 772-333-2383 Fax: 772-333-2390 HST#: 65-0183422 Submission Details Created On: Monday March 08, 2021 09:17:54 Submitted On: Thursday March 11, 2021 14:04:31 Submitted By: Robbie Belasic Email: Robbie@custombuiltmarine.com Transaction #: fa43b517-7b3c-4973-b295-c3b5e22bdd12 Submitter's I P Address: 96.78.101.182 Bid Number: 002251121 Vendor Name: Custom Built Marine Construction Page 164 of 636 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY"field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID PROPOSAL_ - Price Proposal Online Form The Bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The Bidder proposes to deliver the service in accordance with the specifications for "HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT" N ote: The quantities shown may not reflect the actual amount required installed in the field. It is the contractor's responsibility to verify and provide a bid for the quantity of items needed to complete the job. Any discrepancies shall be brought to the attention of the Procurement Services. DIVISIONDESCRIPTION QUANTITY U�1IT COST ° "I'll—, �...TOTAL ,,,,, ..- ., ��. 01 - General Conditions Mobilization / Demobilization 1 LUMP' SUM $100,000.0000 $ 100 000 00 m __ _ , Insurance 1 LUMP SUM $10 000.0000 $ t0 1000 .00 ..„ , p .___ .__ .. _�..__ Contractor's Supervision 1 LUMP SUM $112,125.0000 $ 112,125.00 n,, ... _ .... Special Inspections 1 LUMP SUM $12 000 0000 $ 12 000 OO __ Permitting Fees 1 LUMP SUM $15,000.0000 $15,000.00 Work and Site Sete i LUMP SUM $35,900.0000 $ 35,000 00 General Requiremerds 6-2-- Existing Conditions ( Selective Site Demolition 1 LUMP SUM $145,000 0000 $ 145,000 00 Final . Pn0 Debris CR�en oval and Dump Fees 1 LUMP SUM $32,000.00 F $32 000 0000 $ 32 00 ,.,u„ g �� 1 LUMP SUM $10,000.0000 $ 10 000 00 03 Concrete P 9 GOOD $ —241"'2`2-l"" 00 Curbing and Sidewalks Cast in Place Ram s, Landin s, Pads 1 LUMP SUM $2'4-152 Concrete Cutting& Conn 1 LUMP SUM $10,000. g g 0000 $10,000.00 3 6 x 70 FloatingRam Staging 3 EACH $39 000 0000 $ 117,000.00 10 - Speca[hes Aluminum Pile Guides p g g 1 LUMP SUM $10,000.0000 $ 10,0 Piers DD D0 .,. 3 New Concrete Pilins 1 LUMP SUM $20,000.0000 $20,000.00 Gene g 9 F�iCH $6.125,0000 $55,125.00 _ Miscellaneous Cleats Ladders Gangways. ,,,..� �� ,�„-,.,,.m,�,m„��,�.,,,,m, s31 - Earthwork General Site Excavation and Finished 1 WMP SUM $64,000.0000 $64,000.00 Grading .._ Site Fill ry m j ^ � w P SUM $36 000.0000 $36,000,00 1 LUMP p nts Driveway Paving Asphalt Overlay Only 1 LUMP SUM $36,631,0000 $36,631.00 32 - Exterior Im roveme Driveway Paving Base and New Asphalt 1 LUM SUM $76,000,0000 $76,000.00 Landscaping,.. ,. —P ,, and Sodding 1 'IUMP SUM $14,000.0000 $14,000,00 Miscellaneous, Curb Repair 1 LUMP SUM $3,200.0000 $ 3,20'0.00 m„ __—._. _ .. .........._ m rz. Material and Compaction Testing Si1 LUMP SUM $8,000,0000 $ 8,000 00 .... Services „ ll....... __, - .... Surveying 1 LUMP SUM $15,000.0000 $ 15,000 00 Bid Number: 002251121 Vendor Name: Custom Built Marine Construction Page 165 of 636 best describes your company. Return this form to make it an official part of with your Bid responses Local Business Status Cerfification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question I and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I kinierst-?Ait tk2t visre�remttati+A! @1 7%.y facts ix witt. tkis WALIP--,t Ray �m o?"Re ftr rejuciv2I tim Ike coxifiet I alsa a�ma that the business is required to notify the City in writing should it cease to qualify as a local business. 6 1 rdf-JITrIMEFUT Zeach. P, We will not be submItU for Local Business Status Certification - - - - ------- , . . .......... . . ... .... Is the business I located within the, Does the business have 41 Is the business reg re limits of business tax receipt Issued In with the Florida Division of Number of years In business Business license numbW Boynton Beach, the current year?' Corporations? Florida? r Yes r Yes r Yes No Ir No �r No Bid Number: 002251121 Vendor Name: Custom Built Marine Construction Page 166 of 636 Contractor Qualifications Provide three (3) projects at a minimum of $350,000.00 per project completed annually for each of the past three calendar years (2018, 2019, 2020). The firm must itemize this work using this form. contractor Qualifications: 1. Contractor must be licensed as a General Contractor for five (5) years in the State of Florida 2. Contractor must be in business for the last five (5) years under the same name. the Contractor must have an adequate organization, facilities, equip[ment and personnel to insure prompt and efficient service. The CITY reserves the right, before recommending any award, to inspect the facilities to determine ability to perform. The CITY reserves the right to reject bids where evidence submitted, investigation and/or evaluation, is dtermined to indicate inability of the Bidder to perform. W ork Historyj Project 1 -/Minimum $350K Project 2 - Minimum $350K' Pro ect 3 - M1Inimum $350K Work History - Calendar Year 2018 Project: Bert Winters Boat Ramp Project. Reiter Park Project. C-51 Canal Bank Project Location: Juno Beach, FL Project Location: Longwood, FL Stabilization Contract Price: $360,000.00 Contract Price: $463,000.00 Project Location; West Palm Sub -Contractor Sub -Contractor Beach, FL Project Start: Oct. 16,2017 Project Stara: Nov 1, 2097 Contract Price: $485,000.00 Project Completion: March, 2018 1 Project Completion: March. 2018 1 Prime Contractor Currently Under Construction Currently Under Construction Project Start: June 2017 Categories: Boat Ramp Categories: Wood Boardwalk Project Completion: February 13, Scope of work: Demo Existing Boat Scope of work: Installation of 12' 2098 Ramp, Install Permanent & Temporary diam. Wood pilings, wood structure Categories: Marine, Steel Sheet Steel Sheet Pile, Dewater, grade, and IPE Decking Pile, C.I.P Concrete & Rip Rap Form, Reinforce & Pour New Prime Contractor. West Construction Scope of work; Install SSP, Rip Concrete Boat Ramp. Install Concrete Contact Matt West Rap & Tremie Pour Concrete Piles and Floating Docks Phone: 561-588-2027 — Email: Contact Octavio Castillo Prime Contractor: Collage Construction mwest@westconstructeninc.net Phone: 561-682-6920 - Email: Contact Dave Trindade ocastil@sfwmd.gov, Phone: 561-262-2773 - EmaiL dtiindade@coliage-usa.com � � — _ � ... Worts Hrsiory -Calendar Year 2015 Project: p" Club ocere Project: Cordova Seawall Project: Cordova Seawall Project Location: ate Jupiter, FL Replacement Replacement Contract Price: $570,000.00 Project Location: Ft Lauderdale, FL Project Location: Ft Lauderdale, Sub -Contractor Contract Price: $5,759,237.00 FL Project Start: Jan. 2019 Project Stara: Oct 1, 2013 Contract Price: $5,759,237.00 Project Completion: Aug. 10, 2020 Project Completion: Feb 2, 2021 Project Start: Oct 1, 2019 Categories: Wave Wall Categories: Steel Sheet pile & Project Completion: Feb 2, 2021 Scope of work: Installation of concrete ':Concrete Cap Categories: Steel Sheet pile & sheet panel Scope of work: Installation of 2,203 Concrete Cap Prime Contractor. Walker Contracting Wear foot of steel sheet pile & Scope of work: Installation of Group concrete cap 2,203 linear foot of steel sheet Contact: Jason Swanson Prime Contractor. Custom Built Marine pile & concrete cap Phone: 439-263-7500 — Email: Construction Inc. Prime Contractor. Custom Built jswanson@walkercontracbnggroup.com Contact: David Corrigan Marine Construction Inc. Phone: 772-678-9419 — Email: Contact: David Corrigan jr@custombuittmarine.com Phone: 772-678-9419 — Email: .........._ ........ ..... .., � j r@cu sto m b u itmadne. com , m ,,... ......... ...... ® ,. .....�.._.... �. Work History - Calendar Year 2020 Project Sanford Wave Wall Project Fisherman's Wharf Boat Ramp Project Fisherman's Wharf Boat Project Location: Sanford, FL Project Location: Fort Pierce, FL Ramp Contract Price: $585,212.00 Contract Price: $627,905.00 Project Location: Fort Pierce, FL Sub -Contractor Project Start Nov. 2020 Contract Price: $627,905.00 Project Start: May 11, 2020 Project Completion: July 2021 Project Start Nov. 2020 Project Completion: July 10, 2020 Categories: Boat Ramp, Floating Project Completion: July 2021 Categories: Wave Wall Dock, Fixed Dock, Embankment, Categories: Boat Ramp, Floating Scope of work: Installation of 300 plus Seawall Dock, Fined Dock, Embankment, linear feet of concrete sheet panel Scope of work: Installation of Boat Seawall Prime Contractor. Wharton Smith ramp & Seawall Scope of work: Installation of Boat Contact Nelson Marty Prime Contractor. Custom Built Marine ramp & Seawall Phone: 407-314-8999 — Email: Construction Inc. Prime Contractor. Custom Built nmarty@whartonsmkh.com Contact: David Corrigan Jr. Marine Construction Inc. Phone: 772-678-9419 -- Email: Contact: David Corrigan Jr. Jr@custombufltmarine.com Phone: 772-678-9419 —Email: Jr@custombuiltnarine com Bid Number: 002251121 Vendor Name: Custom Built Marine Construction Page 167 of 636 References Provide three (3) SIGNIFICANT PROJECTS current or completed in the last 3 years from customers that you have contracted with to provide Hardscape, Landscape and Irrigation Impeovements. The City is interested in learning of other experiences with your firm, as such; please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Procurement or designee will email and or call each reference up to three (3) times. suocontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate 'TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, If required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. r" 1:::3"e' Ilia'I l lq here I w„xalnlii i°ur 111i'd fIn le ai'e "o ,,ial,")Cuuitra la°7c�Wsiri.i iIhe I.VI,JderIhallll R&D Paving 400 Executive Center Dr. Asphaft and Earthwork NIA Ste 210, West Palm Beach, FL 33401 _. ...... .... Biscayne Engineering —..®........ _...._......_--- _. ... 529 West Flagler Sl, Miami, _._. Survey NIA FL. 33130 _ Cummins & 888 S. Andrews Avenue, Coral Relocate NIA Cederberg Coastal Suite 206, FL Lauderdale, and Marine FL 33316 Englneering ,, Marina Utilities 10951 Harmony Park Dr., Electrical and Water N1A Bonita Springs, FL. 34135 Documents Ensure your submission document(s) conforms to the following: 11ir,v,,Ithheiiii.�'0101%01i"�41 1,853.00 ,925.00 HE Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the Uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Number: 002251121 Vendor Name: Custom Built Marine Construction Page 168 of 636 ° 1 omuamOuulifivaovnv,pu Wednesday March 1n uou 11w6:09 ° ~ Anti -kick ~~...p.. WednesdayMarch 10,^.^. ..~.^. ° nmvn-conuswn*u ' Wednesday March 1n.uoo 11w6o0 ° 8E+verifydf Wednesday March 10, 2021 1716:21 ° * GCUcenua.puf'Wednesday March 1u.uoc1 11:45:54 ° u1-22Certificate o[|nouran:w.pdf Wednesday March 1u.oux1 11w7`7 ° 'z02O1821'SLC Local Business Tax Receipt.pdf - Wednesday MarGh 10, 2021 11:47:35 ° ...~~.~/.,~.~. 10,^.^. ..~.~. ° mo Wednesday March 10, 2021 11:48:29 � 'rAdditional mfonnuxon.pw, Wednesday March 10, 2021 11:50:*6 Bid Number: 00225 121 Vendor Name: Custom Built Marine Construction Page 169 of 636 Addenda & Declarafions The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner's Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. staled therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. IIWE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Documents) which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If 11WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. INVE acknowledge and agree that any issued AddendumlAddenda forms part of the Bid Call Document. 6. IIWE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub - consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal 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 submittals 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: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, 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. 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. 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. F7 INVe have the authority to bind the Company and submit this Bid on behalf of the Bidder, - Robert Belasic, Vice President, Custom Built Marine Construction The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid, Do you have a conflict of interest? r Yes r. No The Bidder acknowledges and agrees that the addendumladdenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 002251121 Vendor Name: Custom Built Marine Construction Page 170 of 636 Q have rea,6e,,)w,,4 the IlsWowv zad iemmilurn and Pages File Name sli as himfam'u1Pm Off a pp:afli¢.,rwMe) Addenda No 1 - Harvey E Oyer Jr. Marina Boat Ramp Improv Tue March 9 2021 09:43 AM Bid Number: 002251121 Vendor Name: Custom Built Marine Construction Page 171 of 636 M BIDDER'S QUALIFICATION STATEMENT TO IIRE C010PLE"I"ED GMI.JNE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. BIDDER'S True, exact, correct and comr Name ncipaj.Address�, Phone, Email Address-, ,,, . ............................. - . . . ......... . . ...... - — -------- 1 11-11-11- ... . . ....... . ............... .. . . . ......... ........................ . C11IStOrn Btii1t Marine Gionstruction, 4-�c 31 t' IlHaiivirncnd R(:kaid Fort Rieirlce, IIFl- 3494,161 .................. - . . . . ................ 2. How many years has your organization been in business under its present business name? 3. Under what other former names has your organization operated? WA 4. Names and titles of all officers, partners or individuals doing business under trade name: [)Iavid Corrigari Piresidleiritl Owineir ,1-1-1111 — - - — -------- .... ..... . . . . ....................................... 1 irnothy IR, i ennalin RobcMirt IdO111asiun Director Mce Piresident � . . ................ . .............. ................................ 5. The business is a: Sole Proprietorship Partnership Corporation x 6. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: N(310 55'West Stroet, Keiainio, NIH 03431 7. What is the last project of this nature that you have completed? Wliiaid, Idoal IIRaniulli,w RepiilaceimenU %iii, Pierce, FIL 8. Have you ever failed to complete work awarded to you. If so, when, where and why? N101 . ....... ........ ...... . . ..... . . . . ............. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW—Harvey E. Oyer Jr. Park Marine Boat Ramp Improvement Project 74 Page 172 of 636 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 10. indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. ��e ' u t�. 11. Will you sublet any part of this WORK? If so, give details. sphai�lli acid eaii1IP°niv rlk, c:i' Ilmdrmiu°Iking Ilk4l Coral Ii ela icatiiloni Sijirvey 12. State the name and address of Attorney, if any, for the business. h a ini II lill:ml, sirmt'I.. „Itis" S!I.i, Ciei mliinalll IParkway, Stuaiurt,f�ll_. 3499 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business andlor individual: David (,."a rilgan - 3 119 l,,,larnn°mond lRoad, I1:: ort IP'ii - iirci , II:::II.... 3 l 4(5 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: U stoirn IFtulill I110ar'lirmu,� Construu,sl.ii(.'uin - 311119 Ihiw'm°UTHIirmd I1 -U) uJ:t p:, Ort Pierce, IFIL.. 3,1945 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below. No 16. What will be your turnaraound time for written responses to the City's inquires?. 24Ilh iou,mrr�: 17. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1? YES NO THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/Rw — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 173 of 636 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. NIA, 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. lMMIA 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. No 22. Bank References (include name, job title, address and telephone number of contact person) — Minimum 1 Qmteir de, ___. t _... __ m 1 .... 23. Annual Average Services Revenue of the Proposer for the last three years as follows: TH15 PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGETO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 174 of 636 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. .t 25. Provide description of quality assurance/quality control management methods. Robert IBeaslic - w',Jfied Qiaua111 iiy CioirArN IlMftlagiar rerog nlii ed by FDOT - tesfliirna to blie corliducleld Eroml rrJrrord-W by ow llnu rrritll The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. ( 9 ) -- . Si ned (Title) Vice% Presi�dent Subscribed and swom to before me This 1'I day of _ Vlai cli .., 2021 w SAB"BUTLER lic (Siinat*u�e My COMMISSION # GG 163728f EXPIRES: t7minber 8, 2021 .�br• Commission Expires: coal My Com THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 175 of 636 I 0 t IU Page 176 of 636 REFERENCES *Over Thirty Yea s'Experience* 3119 Hammond Road Fort Pierce, Fl. 34946 Phone (772)333-2383 Fax (772)333-2390 Project. Fisherman's Wharf Boat Ramp Project Location: Fort Pierce, FL Contract Price: $627,905.00 Project Start: Nov. 2020 Project Completion: July 2021 Categories: Boat Ramp, Floating Dock, Fixed Dock, Embankment, Seawall Scope of work: Installation of Boat ramp & Seawall Prime Contractor: Custom Built Marine Construction Inc. Contact: David Corrigan Jr. Phone: 772-678-9419 — Email: Jr@custombuiltmarine.com Project: Jupiter Reef Club Project Location: Jupiter, FL Contract Price: $570,000.00 Sub -Contractor Project Start: Jan. 2019 Project Completion: Aug. 10, 2020 Categories. Wave Wall Scope of work: Installation of concrete sheet panel Prime Contractor: Walker Contracting Group Contact. Jason Swanson Phone: 439-263-7500 — Email: jswanson@walkercontractinggroup.com Project: Sanford Wave Wall Project Location: Sanford, FL Contract Price. $585,212.00 Sub -Contractor Project Start: May 11, 2020 Project Completion: July 10, 2020 Categories: Wave Wall Scope of work: Installation of 300 plus linear feet of concrete sheet panel Prime Contractor: Wharton Smith Contact. Nelson Marty Phone: 407-314-8999 — Emall. nmarty@whartonsmith.com Project. Cordova Seawall Replacement Project Location: Ft Lauderdale, FL Contract Price: $5,759,237.00 Project Start: Oct 1; 2019 Project Completion: Feb 2, 202 l Categories: Steel Sheet pile & Concrete Cap Scope of work: Installation of 2,203 linear foot of steel sheet pile & concrete cap Prime Contractor: Custom Built Marine Construction Inc. Contact: David Corrigan Phone: 772-678-9419 — Email: jr@custombuiltmarine.com Built Marine Construction, Inc. - References Custom � ccs Page 1 Page 177 of 636 Project: Reiter Park Project Location: Longwood, FL Contract Price: $463,000.00 Sub -Contractor Project Start: Nov 1, 2017 Project Completion: March. 2018 / Currently Under Construction Categories: Wood Boardwalk Scope of work: Installation of 12" diam. Wood pilings, wood structure and IPE Decking Prime Contractor: West Construction Contact., Matt West Phone: 561-588-2027 — Email: mwest@westconstructioninc.net Project: Bert Winters Boat Ramp Project Location: Juno Beach, FL Contract Price: $360,000.00 Sub -Contractor Project Start: Oct. 16,2017 Project Completion: March. 20181 Currently Under Construction Categories: Boat Ramp Scope of work: Demo Existing Boat Ramp, Install Permanent & Temporary Steel Sheet Pile, Dewater, grade, Form, Reinforce & Pour New Concrete Boat Ramp. Install Concrete Piles and Floating Docks Prime Contractor: Collage Construction Contact: Dave Trindade Phone: 561-262-2773 - Email: dtrindade@collage-usa.com Project. C-51 Canal Bank Stabilization Project Location: West Palm Beach, FL Contract Price: $485,000.00 Prime Contractor Project Start. June 2017 Project Completion: February 13, 2018 Categories: Marine, Steel Sheet Pile, C.LP Concrete & Rip Rap Scope of work. Install SSP, Rip Rap & Tremie Pour Concrete Contact: Octavio Castillo Phone: 561-682-6920 - Email. ocasdl@sfwmd.gov Project. Water Way Park Project Location: Jupiter, FL Contract Price: $2,283,000.00 Sub -Contractor Project Start: January. 2016 Project Completion: January. 2017 Categories: Sheet Pile, Concrete Cap, Boat Ramp, Floating Docks, Dredging, Boardwalk, Cast in Place Concrete Structures, Erosion Control Scope of work: Construction of new park facilities including sheet pile, clearing, boat ramp, and floating dock. Prime Contractor: West Construction Contact: Matt West Phone. 561-588-2027 - Email: mwest@westconstructioninc.net Custom Built Marine Construction, Inc. -�.Referencesm — ___.... „.,.....___.._.. Page 2 Page 178 of 636 Project: Clam Pass Boardwalk Repair Project Location: Naples, FL (Collier County) Contract Price: $533,892.00 Prime Contractor Project start: December. 2015 Project Completion: July. 2017 Categories: Wood Boardwalk Repair Scope of work: Remove & Replace 12" Diam. Wood Pilings. Replace Hardware, Joists & Beams. Treat 300- Existing Pilings with Fungicide Treatment and Wrap. Contact: Margaret Bishop, Collier County Facilities ManagementlSr, Project Manager Phone: 1-239-252-8380 - Email: feliciakirby@colliergov.net Project: Martin County Baffle Box Project Location: Martin County Contract Price: $176,761.00 Prime Contractor Project Start: September 2015 Project Complete: January 2016 Categories: Stormwater Scope of work: Install Trench Shoring, Excavate & Remove 60" RCP, install Nutrient Separating Baffle Box, Reinstall/Connect 60" RCP. Contact: Greg S Nolte, E.I., Martin County Florida Phone: 772-221-2380 - Email: gnolte@martin.fl.us Project: Canal Point Pedestrian Bridge Project Location: Canal Point, Florida (Palm Beach County) Contract Price: $210,000.00 Sub -Contractor Project Start: June 2017 Project Complete: November 2017 Categories: Concrete Pilings Scope of work: Auger Preformed Pile Holes and Install (4) 1811x 100' & (8) 14"x 50' concrete pilings to support Prefabricated Pedestrian Bridge. Prime Contractor: West Construction Contact. Matt West Phone: 561- 588-2027 - Email: mwest@westconstructioninc.net Project: Pump Station Culvert Pipe Replacement Project Location: Sunrise, Florida Contract Price: $247,335.00 Project Start: October 2016 Project Completed: February 2017 Prime Contractor Categories: Stormwater Scope of Work: Install SSP Cofferdam/Trench Shoring, Dewater, Remove Existing 72" CMP and Replace with 72" HDPE, Form, reinforce & Pour New Concrete Headwalls and Place Rip Rap Contact: Mark Winslow Phone: 954-572-2390 - Email: mwinslow@sunrisefl.gov Custom Built Mar ine Construction, Inc. - References Page 3 Page 179 of 636 Project: Torry Island Marina Project Location: Belle Glades, Florida Contract Price: $463.83&00 Sub -Contractor Project Start: April 2015 Project Completed: February 2016 Categories: Concrete Piles, Wood Deck & Floating Docks Scope of work: Install Concrete Pilings, Built Wood Structure wlWood Decking & Install Floating Dock Prime Contractor: Collage Construction Contact: Dave Trindade Phone: 561-262-2773 - Email.. dtrindade@collage-usa.com Project: Seminole County Wilderness Boardwalk Project Location: Sanford (Black Bear Wilderness Area) Contract Price: $647,300.00 Sub -Contractor Project Start: April 2014 Project Completed: December 2016 Categories: Wood Boardwalk wlTrex (Composite Decking) Scope of Work: Clear & Grub, Install Wood Pilings, Wood Substructure & Railing, Install Trex (Composite Decking) Prime Contractor: Shoemaker Construction Contact: Dean Shoemaker Phone:407-322-3103 -Email. dean@shoemakerconstruction.net Custom Built Marine Construction, Inc. - References Page 4 Page 180 of 636 Tom Watson 5080 SE Railway Ave Stuart, FL 34997 772-529-0003 Cell Employment History: Custom Built Marine Construction, Inc. 2014 — Present Field Superintendent— Heavy Equipment Operator— Field Safety Manage the day to day operations on various marine construction projects. Operate heavy equipment such as cranes, diesel hammers, front end loaders and dewatering pumps. Insure that operations are completed safely. Murray Logan Construction Crane Operator— CCO licensed Crane Operator 2012-2014 Operated cranes on various marine construction projects within Palm Beach County. Projects completed included, Seawalls, Docks, Pump Stations and Boardwalks. Ferriea Construction Co, Inc 12/11— 02/12 Heavy equipment Operator Layoff due to lack of work Custom Built Marine Construction, Inc. 06/96 —12/11 Supervisor- Heavy Equipment Operator Supervised projects building seawalls, boat ramps, boardwalks, bridge fenders systems, coffer damns, dredging canals and fishing piers. Operated hydraulic and friction cranes, Track -hoes, front end loaders and push boats. I worked with suppliers and equipment vendors and truckers to insure timely deliveries. Self Employed Commercial Fisherman Sole proprietor commercial fishing business. Certifications/Licenses/Education NCCCO Certified Operator January 2012 Lattice Boom Crawler Telescoping Boom over 75 tons Telescoping Boom 21-75 tons Telescoping under 21 tons Rigging Certification January 2012 CPR Certification January 2012 Manlift Certification December 2012 OSHA Certification IRSC 2007 High School Equivalency 1982 1972-1996 Page 181 of 636 *Over Thirty Years Experience* 3119 Hammond Road Fort Pierce, FL 34946 Phone (772)333-2383 4—dowma ir Fax (772)333-2390 Keith CorTigan Position: Project Supervisor w6w, 1 WW db 4 1 1CM CJ'Jfllv� CC CU Ly, AAOL5 =.Iryrdy f1m, projects ranging from several thousand to sev ' eral million throughout the State of Florida. He has worked on projects for Florida Dept. of Transportation, Florida Dept 'of Environmental Protection, South Florida Water Management and the Army Corp of Engineers as well as City and County agencies and private companies. My. Corrigan works diligently to make sure all work is completed on time and in accordance with plans and specification. Relative Experience Custom Built Marine Construction Inc. 1996- Current Position: Project Supervisor Certified Crane Operator Mr. Corrigan has field experience building and repairing Marines, Seawalls, Water Control Structures and Bridges throughout the State of Florida. Installed numerous concrete, wood and steel piles, miles of concrete panels, installed pre -cast concrete deck slabs, miles of steel sheet pile and poured thousands of yards of cast place concrete. Mr. Corrigan is experience in running many types of heavy equipment including hydraulic cranes, tug boats, excavators, loaders etc.... He has used a variety of equipment such as diesel, air, vibratory and drop hammers, rock punches, jet pipes etc.... He has performed fl -ds work in adverse conditions work from both land and by barge. He has experience with shoreline stabilization including grading, installing different types of fabrics, and placing Rip Rap and gabion baskets. Page 182 of 636 M BIDDER'S QUALIFICATION STATEMENT Tf„; I Illli'l CGI'VIPLE'T'E"Il) GNI The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. BIDDERS True, exact correct and co!Mlete Name Princl a[ Address, Phone, Email Address: _....... _........ usta r n Ifliaalilh Marine, Inc 3119 I�Iarnrinionud (Road l=eant i,lir rc a, IFL. 3494 2. How many years has your organization been in business under its present business name? 3_ 3. Under what other former names has your organization operated? NIA 4. Names and titles of all officers, partners or individuals doing business under trade name: tDa vw ld I: oiririgan I,,kre§ident/ 10ovneiir T°lirrmcllhy R. II...,r„ininon Robert IBelask I;; reirtor Vice lF'rodlde;nt 5. The business is a: Sole Proprietorship Partnership Corporation rx 6. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 1%,3M Insurance Coirnpainy„ , fl I an st Street, Keene, INH 0,3431 7. What is the last project of this nature that you have completed? I�Irai°u rman's Whaairf Biw@t IRarnlpa lideplao°>o- rirr,airnU (Fort I ipirce, IFIL 8. Have you ever failed to complete work awarded to you. If so, when, where and why? No THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 74 Page 183 of 636 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 10. Indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 7��' �h.m tm ��.�� _........ _ _....... 11. Will you sublet any part of this WORK? If so, give details. Aspll4lt and ealithrIffork of parlldng Iiotl Coiral f cllbcmda tliuTr7ni' l u.ura�elr 12. State the name and address of Attorney, if any, for the business. li aine l-iiJbberr11 ii•.ameT 61; SI.. Stil, r; rl„ IR.. 34994 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: David orriig ain ... 31119 IIS aFTNTIorrod iRraad„ II:::'rx-t Illieirce:, II:::II.... 3 l;D,t.6 14_ State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: Custom l":truiiilt I ladne Construction .. 3119 iHarnrT¢onid (Road, t:::ort Pierce, FL 34946 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: No 16. What will be your turnaraound time for written responses to the City's inquires?. 17. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1? YES x NO THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW -- Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 184 of 636 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES C m t 9P4ii' f IIYim D ', '.! III,�09I 1 itW...iE'' Project Name HARVEY E OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT 1 A ��,�.�.. _........ Solicitation No.: 002-2511-21/RW 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2!511-21/RW— Harvey E. Dyer Jr. Park Marina Boat Ramp Improvement Project 84 Page 185 of 636 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) if the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. STATE OF Florida ) COUNTY OF 5'1715cie The foregoing instrument was acknowledged before me by means of K physical presence or o online notarization, this D day of ar h by2bll7�r k 66crm' on behalf of Cuskom-Bu� ;y %o�r�,1ti0kle/she is DDLSQW y.�n to me or has produced as identification. SAIgL MY COMMISS40N#GG 183T28 EXPIRES: Ue0W*W 8,2021 ' puhlk llnder'� o 's,+•�,�� t', g�nded ihN Pi�a7 I �~ �... NOTARY PUBLIC i n0. IJI,L ..lr .. (Name of rota Typed, Printed or Stamped) ) Title or Rank GG- tkj3D9, Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/Rw — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 84 Page 186 of 636 ANTI -KICKBACK AFFIDAVIT 0 VtI 10 TFC tt it lir �C IIi Ikt ttN �ll' Ili°°": SS } r .:. W11- log t x ell r-1 114PINVINfIVAIll Wl . 10,11M MAY �..µw BY: Robeut E-Wasu: NAME - SIGNATURE Sworn and subscribed before me this 1 C) th day of f no rc..h 2021 Y l NOTARY, RY UBLIC, Sta o oridda at Lar t'1ox_ r - EYP ��/MM�7��/��t�t�1�Ir�1y {w�{/►'��±.•��.. �'.yly� S M CIDWIMIMCOG IW�f�V ti jy E*IRES:Qecels+b98.2021 VdIxt FOp R. 9N�ua.' "OFFICIAL NOTARY SEAL" STAMP Printed Information: Robeu°t (Bell list .... ___.............. NAME.....,,,u. BareII;lrpslideir ll: TITLE Custom Built Marine it ie t�aram'r,.,,u.:clllruin .. ..... ....................... �� COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 79 Page 187 of 636 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO B ��.1 F ��411� i 'amlU�d � IIE�� IN V� .�y if � Project Name: HARVEY E OYER,," JR PARK MARINA BOAT RAMP IMPROVEMENT PROJECT ®m,u Solicitation No.. 002-2511-211RW 1. Definitions: "Contracts" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendorslsub-consultantslsub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla_ Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE 5UBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 042-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 94 Page 188 of 636 1111 ilill 1111 rill, !!111'11 TAT -21 � a a) If the City has a good faith belief that a person or entity with which it is contracting hat knowingly violated s. 448.09(1) Fla. Stat., the contract shall be terminateg, 1) If the City has a good faith belief that a subcontractor knowingly violated s. 448-095 (2), but the Contractor othervAse complied with$. 448-095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. A contract terminated under subparagraph a) or b) is not a breach of contract and may not be d) Any challenge to termination under this provision must be filed in the Circuit Court no later than e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may r ............ r t 0ta STATE OF Florida '-"S--E . . . . . . . . .............. COUNTY OF t- ucie The foregoing instrument was acknowledged before me by means of iQ physical presence or ci online notarization, this t Q day 52)D,)A by2g�b��q��Iicon behalf of C-Llskvrn—ey-�' t QngkvAia�elshe is q&MQnaUy--kaU&a_ to me or has produced as identification. NOTARY PUBLIC 60WHAoUTLER (Name of Notary Typed, Printed or Stamped) my COMMESION 9 GG IMM ES- Dew;ribar S. 2021 EXPIR Title BoMedTWWMPdA0 GIG- -L(DJ209" Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 84 Page 189 of 636 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 � L '17 LtC 4t1111i lttlLtILLt',1L f'tolll)iert. Il36a!FJ k6ce IF"rrn§ildr inl. t,iustornni IBtAlt IlAgiii uurnie Construction cti¢' n 11 ,—"' , -.,, on behalf of ___ _._ .... certify Print Name and Title Company Name (°tL151 11ri1l IlBUilll Ili�tcnn � t,r ur7 Htliru i ren that — ,„,,,,,�, «, does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled `Consultant Name' does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on eitherthe Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract THIS PAGE TO BE SUBMITTED IN ORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-251.1-21/RW—Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 82 Page 190 of 636 with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. (3,luestiorn Built Mairinie, Q';o nl Gtru1IufiV; i nl COMPANY NAME Rotiert f ejwi'31i ., PRINT NAME 1pr —4 1 Q a03U DATE SIGNATURE V'IiIcie I'liresiden t TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Hitt No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 82 Page 191 of 636 BIDDER'S SITE INSPECTION CONFIRMATION Check One: ❑ NON -MANDATORY ® MANDATORY BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID NO.: 002-2511-211RW V .. , "� "'°°°°° °°m s � ', s an authorized representative of: (Name and Title of Representative) Company)1e,I , <11 �' thereinafter called the bidder) located at (Name of 3 U, 6T V '�� and that said Company Address bidder has visited the site of the work and has carefully examined the plans and Specifications for said project and checked them in detail before submitting his bid or proposal. DATE OF INECIJON YN��O BEACH TITLE PURCHASING OWNER'S REPRESENTATIVE _. SIGNATURES FOR�NATORY SITE INSPECTION THIS PAGE To BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.002-2511-21/RW — Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 7$ Paae E: K n m m cu v w (D v C m r; r) E ao N Q 3 as 0 N fll Gl C Q fz 3 m F+ W OD In W A O W Do N W p LD W Oo �D A O �+ rn m 3 ,rt 9L m n " n M m rt v m v v Lno c -n rDa ro N W N N f.n c3l N 4 h r a w (Dlu Q A y NrD W [p d Ln n r � m r m n t^ n fD 0 C N Gl f f] :7 - fl7 d 11 d a I CL rD rn N h F m i g M 0 0 z n n n n A W W O 0 0 0 A C] z 0 Page 194 of 636 I@ NON -COLLUSION APF0AVIT OF BIDDER State of Florida County �oberr .13110as|c being first duly sworn, deposes and says that: 1) Ha{o Vice�res�denl �� Gwstom lhli�U�arine Cm�x�rm«��mo the L�ddarthat -- - - -� (Tit|m) (Name of Corporation or Integrator) has submitted the attached BID: 2) Hmimfully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such uubmittm|� D) Said BID is genuine and is not collusive orsham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly mrindirectly with any other Bidder, integrator orperson hmsubmit qcollusive wrsham BID |nconnection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications orconference with any other bidder, integrator nrperson tofix the price or prices in the attached BID nrofany other bidder, orb»fix any overhead, profito,coodm|mmmrtpffheB|Oopinmoy. connivance nrunlawful agreementany advantage against the City of Boynton Beach orany person interested inthe proposed Contract; and 5) The price orprices quoted inthe attached bid are fair and proper and are not tainted byany collusion, upnmp|mmuy, connivance or unlawful agreement on the pad of the bidder or any of its agents, representatives, owners, employees, orparties ininterest, including this (Signed Vk-,x., Plnem�demt Subscribed and sworn tobefore mm This day of 20 'D-1 &W COWWON 9 GG ISM UM THIS PAGE TousSUBMITTED |mORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW-Harvey cOyer Jr. Park marina Boat Ramp Improvement Project so Page 195 of 636 I Y 91 IF , c'n n v �,• M L c = nLn �• m :3p m Z rD Z o C iv on* 'R.:A' SL „�, 4'�M r //� �rir �/r�iu ��/ �� /%(� % ////ri r � 11 p % ✓ r I �fjt O f F I /!y s li r 1✓ F % u R 1 (01 ii, nu�yt�,�/� /� �0/r� Y Arm � l 771 JAI,o r �� / I ��1� r r0 /a✓'� % �i // I rD jai/ r r r CL On / / f lila , M^+ ra 6 r / o� /� r � � r o � 1i Jul' ,,.'.. rri�d //j�j `/tjl 'r v / 1 I !/il r ! r r r i / 1� I� I ///n/� 1 l%/ !/ i r %�/l t rir y CJw �r/ Yr r T ��1 / ///firMM A u/// /% i / //i // / Ln >rGl r ¢� r u gyp= /`; arr rr �i �J , �m„ romd, I� I P I Page 196 of 636 CHRIS CRAFT 2020 -2021 TAX COLLE CniiirOR S ST LUCIE COUNTY St Lucie County III ll Business i ax Receillpt l:'-'acllities or machines # Rooms # Seats # Ernployees 910 Receipt #1018038 Type of business :1.500 BUILDING CON-rRACTOR Expires SIETITEMBER 30, 2021 DBA narne Custorn ELlllt Marine Construction Inc Business Steven MarikCaswell Mailling address:: Steven Mark Casweill Business location: 3119 Hammond Road 3119 Hammond Road Fort Pierce, FL :34946 Fort Pierce, FII.. 34946 RIENEWAI city of Pt St Lucie CGC150'7592 Original tax: $1235 11 50394 Penalty: Collection cost: Paid 09/02/2,020 1235 0005-20200902-009835 'rotah $1235 Law requires this Local Business T8X ReCeWt to be displayed conspicuously at the pllace of business in Such a manner that It can be open to the V�IeQk Of Li'le PLAbliC, and subject to Inspection by all duly authorIz.ed officers of the county. Upon failure to do so, the local business taxpayer shaill be sOject to the payment of another ILopl Business Tax for the same business, profession or OCCUpation, iPursuant to Florida law, all Local Business Tax Rnceiptsshall be sold by the Tax Collector.beg[nning July 1 of each year and shaR osxplrr on Sept.p-'Ml)er:30 of the succeediIng year., "T'hose Local Business Tax Receipts irenew e -d beginning October I shall be delinquent and su�ject to a deNnqi..ienqj penalty of to percent for the month of October, An add . itiGnal 5 percent penalty for earn month of delinquency Is added until paid, provIded ghat the total delinquency penalty shall not exceed 25 percent of thea Lowl Business "rax roar the delinquent establl5hrnent. In addition to the penalty, the Tax Collector is entitled to a coller-don fee of $1 to $5. -rhiis fee Is lbased on the amount of i ocal gusiness'['ax, which will be collected' from delinquent taxpayers after Septerinber 30 of the business year. This receipt Is a Local Business Tax only.. :it does not perry -ft the local business taxpayer to violate any existing regulatory or zoning laws of the state, county or city. It also does not exempt the local business ta�payer from any other taxes, licenses or permits that inay be required by law. Pursuant to Florida law, I-ocal Business Taxes aresubject to change, Steven Mark Caswell 3119 Hammond Road Fort Pierce, FL 34946 Page 197 of 636 Enter yourTIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (E(N). if you do not have a number, see Now to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. —M-= or Fr►q?r identification number ... 3 6 5 0 1�8� ,� I21 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no tonger subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA cade(s) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured proper1 w cancell `ren of debt contributions to an individual retirement arrangement (IRA) and generally, payments otherthan interest and dividends, you �pse'Mb""t required , "sign the certification but you must provide your correct TIN See the-uststsr liras for Part Il, later. -31VII :.:,,, of Signature Here u s person � ��,mMw__.... _ . General Instruct ons Section references are to the ons Revenu Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.rrs.govJFormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN); Individual taxpayer identification number (ITIN), adoption taxpayer identification number (AMN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an informatign return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) r Date ► f, • Form 1099-IIIV (dividends, including f roosefrom stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Farm W-9 to the requester with a 77N, you might be subject to backup withhoi ng. See What is backup withholding, War. Cat mm. 10231X Form W-9 (Rev. 10-2018) Page 198 of 636 Request for Taxpayer Give Form to the Farm Identification Number and Certification requester. Do not (Rev. October 201 B) ❑epartmarit of the Treasury evenue Service R5( No.Go to www.lrs.go FormWB far instructions and the latest information. G send to the IRS. .� �mmmmmm 1 Name as shown on our income tax rktum). Name is required on this line; do not leave this line blank. y CUSTOM BUILT MARINE CONSTRUCTION, INC. e.......................................... .. �_._ ..... 2 Business name/disregarded entity name, if different from above at ...... .sic ----� ... _....... .m, � , e .. ... 3 Cheek appropriate date box for federal tax classification of the arson whose name is entered on line 1. Check only one of the p pseven 4 � m 4 Exemptionsonly to x ptions (codes apply rn follcwi boxes. � i iduals: see � Instructions awe 3): p ❑ Individual/sole proprietor or ❑ C Corporation ❑� S Corporation El Partnership ElTrustlestate ei single -member LLC Exempt payee code (if anyl CLo .?p -2 El Limited liability company. Enter the tax classification (C=C corporation, 5.5 corporation, P=Partnership) ► p 2 Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check ''.... Exemption from FATCA reporting +e+ LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is ;code (it any} another LLC that is not disregarded from the ownerfor U.S. federal tax purposes. Otherwise, a single -member LLC that � is disregarded from the owner should check the appropriate box for the tax classification of its owner. '� Other (see instructions) b- waaac„o eacaun,m�iainrao�mx Hr ust to 11-1-11 5 Address (number, street, and apt. or suite no.) See instructions.Requesters name and address (opttalaf) m m HAMMOND ROAD 3119 .. . tY. de L FORT ? IERCE,IFL. 34946 . . . ........ ..... . ................................... 11 .... ...... 7 Last account numbaW here (optional) ° Tax oyer Identification Number (TIN] ................ . ........__........ _... Enter yourTIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (E(N). if you do not have a number, see Now to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. —M-= or Fr►q?r identification number ... 3 6 5 0 1�8� ,� I21 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no tonger subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA cade(s) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured proper1 w cancell `ren of debt contributions to an individual retirement arrangement (IRA) and generally, payments otherthan interest and dividends, you �pse'Mb""t required , "sign the certification but you must provide your correct TIN See the-uststsr liras for Part Il, later. -31VII :.:,,, of Signature Here u s person � ��,mMw__.... _ . General Instruct ons Section references are to the ons Revenu Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.rrs.govJFormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN); Individual taxpayer identification number (ITIN), adoption taxpayer identification number (AMN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an informatign return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) r Date ► f, • Form 1099-IIIV (dividends, including f roosefrom stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Farm W-9 to the requester with a 77N, you might be subject to backup withhoi ng. See What is backup withholding, War. Cat mm. 10231X Form W-9 (Rev. 10-2018) Page 198 of 636 002251121 - Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Opening Date: February 5, 2021 12:00 PM Closing Date: March 11, 20212:30 PM Vendor Details Company Name: Does your company conduct business under any other name? If yes, please state: Poseidon Dredge & Marine Inc. FL Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's I P Address: Bid Number: 002251121 Tuesday March 09, 202108:40:07 Thursday March 11, 2021 12:14:57 Peter Kolb peterk@pdmarineinc.com 72e34b47-2fa5-4f1 a-b695-066606a8f615 50.243.229.165 Vendor Name: Poseidon Dredge & Marine Inc. Page 199 of 636 319 Wickline Blvd Suite A Address: Lantana, FI. 33462 Lantana, Florida 33462 Contact: Peter Kolb Email: peterk@pdmarineinc.com Phone: 561-365-4933 Fax: 561-296-4991 HST#: 46-4060576 Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's I P Address: Bid Number: 002251121 Tuesday March 09, 202108:40:07 Thursday March 11, 2021 12:14:57 Peter Kolb peterk@pdmarineinc.com 72e34b47-2fa5-4f1 a-b695-066606a8f615 50.243.229.165 Vendor Name: Poseidon Dredge & Marine Inc. Page 199 of 636 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID PROPOSAL - Price Proposal Online Form The Bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The Bidder proposes to deliver the service in accordance with the specifications for "HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT" Note: The quantities shown may not reflect the actual amount required installed in the field. It is the contractor's responsibility to verify and provide a bid for the quantity of items needed to complete the job. Any discrepancies shall be brought to the attention of the Procurement Services. DNISION DESCRIPTION _------- __...... . �iQUANTITY UNIT ..... _ COST TOTAL .. ,. ....� 01 - General Conditions ...,, Mobilization / Demobilization _.... 1 „� ........... ....... LUMP SUM $26,931.0000 �. _ _ _ $ 26,931.00 .� lr1War! ......_,__..._. ._------___ 1 __ ....... LUMP SUM $20,117.0000 ........._..... . $ 20,117.00 .............. �,. _ _..... __....... �. ._,... Contractor's Supervision ...._.. .... 1 �� ,,,,,,, LUMP SUM . �� Aw. $31,016.0000 $ 31,016.00 ...,.,.... ... ... ........_ r.,.� ... ,�, ,,,,., -,_. Special Inspections _,._ �_.. ,,,,,, ., 1 . _ .....__._.................................�...... LUMP SUM �..........._................................................................_ $5,715.0000 $ 5,715,00 _ ...... '- ... _......... Permitting Fees �,,,,,,,,,... 1 ____�__.. _.__ LUMP SUM .........___._____._-.- $474.0000 .... ......—.__.... $ 474.00 � ® ... ...�, General Requirements �ea, .. ...... ......... .... � 1 � LUMP SUM ;;;;;, � � $23,076.0000 .. „v;, , $ 23,076.00 � .......� ........ ®,.... .._.�... 02 - Existing Conditions and Site Selective Site Demolition 1 LUMP SUM $25,674.0000 $ 25,674.00 Work ____ ......................, ,.,,,..,;: �,,,,.., ....... ... ..... .............. ______ _.... .,,, .. ............... _._. Debris Removal and Du._.._ Fees ..- ...._..—...____._......__.... �-M 1 ,,,, ., LUMP SUM _ _..... ......... $30,983.0000 $ 30,983.00 ...._. --- „. ...____........._.. Final Cleaning Final _........ 1 LUMP SUM $3,432.0000 $ 3,432.00 ._. 03 - Concrete Cast in Place Ramps Landings Pads 1 LUMP SUM $366,623.0000 $ 366,623.00 Curbing and Sidewalks Concrete Cutting & Coring 1 LUMP SUM $3,375.0000 $3,375.00 10 - Specialtles (3) --6"-'x- 70" Floating Ramp Staging Piers 3 EACH 1$82,181.0000 $ 246,543 00 Aluminum Pile Guides 1 LUMP SUM $8,710.0000 f$ 8,710.00 „� .,, . Miscellaneous - Cleats, Ladders Gangways 1 �w. LUMP $UM $2 017 0000 _. � �.,�� $2,017.00 ��....._._ �..- .. . _ � (9) New Concrete Pilings 9 EACH $2,965.3700 $ 26,688,33 _ 31 - Earthwork General Site Excavation and Finished 1 LUMP SUM $113,113.0000 $ 113,113.0 0 Grading Site Fill 1 LUMP SUM $44,177.0000 $44,177.00 32 ExtenoY Improvements Driveway Paving - Asphalt Overlay Only 1 LUMP SUM $24,180.0000 $24,180.00 Driveway Paving Base and New Asphalt 1 LUMP SUM $41 002 0000 $41,002.00 _. Landscaping and epair LUMP SUM $1,215.0000 00 Miscellaneous, Curb Repair 1 LUMP SUM $4,208.0000 $ 4,209 00 aes Material nd Compaction Testing Servic i W MP SUM $15 500 0000 $ 1"5"",500.00 Surveying 1 LUMP SUM, $15 748.0000 ($ 15 748.00 Bid Number: 002251121 Vendor Name: Poseidon Dredge & Marine Inc. Page 200 of 636 References Provide three (3) SIGNIFICANT PROJECTS current or completed in the last 3 years from customers that you have contracted with to provide Hardscape, Landscape and Irrigation Impeovements. The City is interested in learning of other experiences with your firm, as such; please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Procurement or designee will email and or call each reference up to three (3) times. The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of worts for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. r IRy c11c1,,iin,J hielie i (co,1117rinn ih al Ih i , ,also no and tl'�n I',irhlr�,ir 31 -all ^ifl`u; 1'i IIIc, Vwl?Ji P['I(, r 0101)114 0::O ICES" TBD 1IITBD OCoral Relocation Documents Ensure your submission docurnent(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Number: 002251121 Vendor Name: Poseidon Dredge & Marine Inc. Page 201 of 636 Confirmation of Minority Owned Business A requested form to be made a part of our flies for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Bid responses Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be r Yes r Yes r No r No for Local Business Status Contractor Qualifications red n of Number of years In business" Business license r. Yes 8 years 2015084006 r No Provide three (3) projects at a minimum of $350,000.00 per project completed annually for each of the past three calendar years (2018, 2019, 2020). The firm must itemize this work using this form. Contractor Qualifications 1. Contractor must he licensed as a General Contractor for five (S) years in the State of Florida 2. Contractor must be in business for the last five (5) years under the same name. the Contractor must have an adequate organization, facilities, equip[ment and personnel to insure prompt and efficient service. The CITY reserves the right, before recommending any award, to inspect the facilities to determine ability to perform. The CITY reserves the right to reject bids where evidence submitted, investigation and/or evaluation, is dtermined to indicate inability of the Bidder to perform. Bid Number: 002251121 Vendor Name: Poseidon Dredge & Marine Inc. Page 202 of 636 . iso I4Nu 4„1i�silifw ;�ti.�i'I t Mei10lfi_-Poseidon Qualification Statement.pdf-Thursday March 11, 2021 11:59:22 • e""flxi ,bll,°1,6!vft.- Poseidon Anti Kickback.pdf-Thursday March 11, 202111:59:34 ,P�iririadlgrfIaV,jcei,- Poseidon Non Collusion.pdf- Thursday March 11,202111:59:48 Poseidon Minority.pdf- Thursday March 11, 2021 12:03:47 •,;,'G,ili.ll,r�l�i�"�lil!x1�,,4(�4�h8u11G,�I fi,x.,�f�xf�,d'I^, na2U,.J5.- Poseidon Statue 287.135.pdf-Thursday March 11, 202112:00:25 ..„4Llll E :jll EQ1,11, L Iq,u,ii, , i�: ,l�ii lfui��i t�,�i�.tlr firer ,C,' r i °�,Q:Jll'ed Poseidon Certifications and License.pdf -Thursday March 11, 2021 12:00:53 • ;3tidlillll jj , t.rN Q I I']'rft.�i�aiid al i,lil,,, A n(Q�„ I�,la,l'i 1.(i ri r�r lil"ir.�ir„:ia ai°�r ^,v .',1 ii a �iwr I ,;ri�i�i;;i Poseidon Insurance.pdf- Thursday March 11, 2021 12:01:31 • Els,'lii1l II�10(",rrrh,kir ;g.Go 4, �:g:I&Med'.Lifl �i'ia„a.j. PBC Business Tax 2020-2021.pdf - Thursday March 11, 2021 12:09:13 ui, 'salt, 7riilni.- Mandatory Site Visit Form Signed.pdf- Thursday March 11, 2021 11:27:16 • +.. �Ni �l €i l'ti'':'r „+i o �i, lr„.f , �,f lyv/ R - 2021 W9.pdf - Thursday March 11, 2021 12:08:39 • ?"^,�Lfulir,��;.hl..l, ��,,�,uir,�.tfk Poseidon Bid Bond.pdf- Thursday March 11, 2021 12:10:25 Bid Number: 002251121 Vendor Name: Poseidon Dredge & Marine Inc. Page 203 of 636 Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner's Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, finn or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. IMIE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s) which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If IRNE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I1WE acknowledge and agree that any issued AddendumlAddenda forms part of the Bid Call Document. 6. IANE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub - consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsuitants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination, Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal 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 submittals 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: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, 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 Stales or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 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. 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. F I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Peter Kolb, VP of Operations , Poseidon Dredge And Marine Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes a No The Bidder acknowledges and agrees that the addend umladdenda below form part of the Bid Document Please check the box in the column 1 have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 002251121 Vendor Name: Poseidon Dredge & Marine Inc. Page 204 of 636 a bellovnr aw deligcNi nandatftFile Name lu Ilonr�r U5 fill' Pages 4II'`+II+Viiia+: Ihr e) Addenda No 9 - Harvey E Oyer Jr. Marina Boat Ramp Improv Tue March 9 2021 09:43 AM 2 Bid Number: 002251121 Vendor Name: Poseidon Dredge & Marine Inc. Page 205 of 636 ANTI -KICKBACK AFFIDAVIT I':0 BE C(XIWIN..:ETiIIEID ANIC) LlPllmmt:I °f IC �ID tIEu l,ll1 1E STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly swom, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corpor�ion. NA E - SIGNATURE - f Sworn and subscribed before me this 10 day of March 2021 �" NOTARY PUBLIC State of Florida at Large NAO% Notary Public State of Florida Jennifer Ann Dollar My Commission GG 284557 Expire* 01129!2023 "OFFICIAL NOTARY SEAL" STAMP Printed Information: Karina Quiros .,.m..NAME ....,,....... President TITLE Poseidon Dredge & Marine Inc. COMPANY._ THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 79 Page 206 of 636 BIDDER'S QUALIFICATION STATEMENT "Ilrc) BE 0III4.114 The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: I. BIDDER'S True exact correct and comb_ rinci at Address, Phone,„Email Address: m...�......... ete amen Prm _m Poseidon Dredge & Marine Inc. 319 Wickline Blvd Suite A Lantana, Florida 33462 561-296-4991 Karinaq@pdmarineine.com 2. How many years has your organization been in business under its present business name? 8 Years 3. Under what other former names has your organization operated? N/A 4. Names and titles of all officers, partners or individuals doing business under trade name: Karina Quiros President 5. The business is a: Sole Proprietorship 0 Partnership o Corporation CZ 6. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: Alter Surtey Group Inc. 5979NW 151st Street Suite 202 Miami , Florida 33314 Dawn Auspitz 305-517-3803 Dawn@altersurety.com 7. What is the last project of this nature that you have completed? Lowry Park and Davis Island Dock Improvements, Tampa Florida 8. Have you ever failed to complete work awarded to you. If so, when, where and why? flTs THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2521-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 74 Page 207 of 636 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). Please see attached resume 10. Indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. General Contractor Licenses. Please see attached 11. Will you sublet any part of this WORK? If so, give details. Ism 12. State the name and address of Attorney, if any, for the business. 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: None 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: NIA 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: No 16. What will be your turnaraound time for written responses to the City's inquires?, Immediately 17. Is the financial statement submitted with your bid (if applicable) For the identical organization name for Question #1 ? YES Z NO ❑ THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/Rw—Harvey E. OyerJr. Park Marina Boat Ramp Improvement Project 77 Page 208 of 636 18. if not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. None 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. None 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. NO 22. Bank References (include name, job title, address and telephone number of contact person) — Minimum 1 Bryn Basehore ,Bank Manager of PNC Bank ,218-222-5767, 100 Royal Palm Beach Blvd, Royal Palm Beach Florida 33411 Michael Strouss Bank United 772873-2048 909 E Prima Vista Blvd Port 5t. Lucie, Florida 34952 23. Annual Average Services Revenue of the Proposer for the last three years as follows: ._.................. .... ...... _.a.e u;ndex Number a. Government Related Work 7 b Non -Governmental Related Work 4 �.,.,.,.. ..::.:a. „ . �. ......._ ...... ........ Total Work (a �b THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 Page 209 of 636 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. Poseidon Project Manager will issue a project schedule. Poseidon will use ProCore Management Software as well as other standard measurements of project management for this project. Poseidon PM will issue schedule updates ,,,,, ., ..., w , every t°�r�o vree%s. i°°k witt Nlrackcosim�..an�r��e�uction ..,................ ...._ 25. Provide description of quality assurance/quality control management methods. Poseidon will assign a QCQ Manager for this project that will check behind the assigned PM and Superintendent QCQ Manager will ensure that work will be installed according to contract documents and specifications. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. .......:.. (Title) President Subscribed and sworn to before me This 10 day of March , 2021 public (Ognature) My Commission Expires: 01/29/2023 Notary Public Slate of Florida Jennifer Ann Dollar JcommiWan GG Z.JE pirea o11Y1023 x90557 THIS PAGE TO BE SU BMITTEDALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 042-2511-21/RW — Harvey E. Oyer 1r. Park Marina Boat Ramp Improvement Project 77 Page 210 of 636 NON -COLLUSION AFFIDAVIT OF BIDDER IrO BE COW11'11 C"TIEdi'.'luCII t�tl°��tlli IIN IIID'IIL...�� !I'��t ��DI��,11'NC, State of Florida County ofPalm Beach Karina Quiros ... ......... being first duly sworn, deposes and says that: 1) He is President of Poseidon Dredge & Marine Inc. the bidder that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BIDspiracy, connivance or unlawful agreement any advantage against the Ci of Bo, niton„Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or ON its agents;,, representatives, owners, employees, or parties in interest, including this affi rtt. p (Signed) ......... ..... � Title President Karina uiros Subscribed and sworn to before me d 10 y March 21 This a of �,�NN.�,��,P,P,.�Pn�..�nn�... , 20 m t*dot ublic (S nature) My Commission Expires: 0 12912023 Lq%-� oarypab11Cstale ofennifer Ann Dollarof y Cammtiselvn GG 21!6551 xDITer0112Bf2623 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 80 Page 211 of 636 Page 212 of 636 W9 0 I I Page 213 of 636 c Icy?, Ol Z111 CK ga C4 0 0) (za 11-1 CD Lu Im > two CL j, RZ, W9 0 I I Page 213 of 636 Minority and Small Business Development certification Program This Is to certify that in accordance with City of Tempa Ordinance 2008-89 Poseidon Dredge & Marine, Inc. Is hereby certified as a Minority Business Enterprise (MBE) In the following speclattyllesj MARINE CONSTRUCTION AND RELATED SERVICES; MARINE EQUIPMENT MAINTENANCE AND REPAIR This certification is valid from March 21, 2019 to March 21, 2021 Updates for recertification are required prior to the expiration date listed above. If at anytime changes are made in your firm that are not in concert with our eligibility requirements, you agree to report those changes to us for evaluation. The City of Tampa reserves the right to terminate this certification at anytime it determines eligibility requirements are not being met. Gregory K. Hart, Manager Minority and small Business Development Page 214 of 636 0 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 TO BNS,("GIMPI P;"°11!1!1!�I) �AND iL]4'li.�C�NCIIE0 C 111.��I9h h�r"'�I I Karina Quiros President on behalf of Poseidon Dredge & Marine lnccertify Print Name and Title Company Name that Poseidon Dredge & Marine Inc, does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled 'Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW —Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 82 Page 215 of 636 with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Poseidon Dredge & Marine Inc." ......... .............. COMPANY NAME SIGNATURE Karina Quiros President PRINT NAME TITLE 03/10/2021 DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 402-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 82 Page 216 of 636 a M© C'4 c w z a �" L UZ 0 MJ m +n Cl) N 0 co rq J v LLLV(�D7 U 0 UO OD0 m� a-- Olo: _J r P m C a'g' F N m cei � n u U K ULU U 11 IN a /w V LU LIZ Q z O O(.)Z LLx- LL CO LU ;a0 IL iV N N 0 N Z z z z as LL aa~ LULU04 — Lli LU CO A W ❑nz_, zzzjLL '= 0 0 `-e uJ 0 ;E C0 U) .... °°gig 6 6-1420 Page 217 of 636 A wig r. A I R' 0 WE 61, 0" "1 will A; ----------- PRODUCER Jeffrey MaGeary j4AME: JDR Specialty, LLC : 7249340444 P.O. Rox 101163 inimcurv011drsoccialtv.com A2... " NAIC 9 ...... ..... Pittsburgli PA 15237 INSURERA, NEWYORK MARME&OFNINSM — - — ------- — - — - - .................... . . . ........ . .... . . . ............. !L_ INSIRE6 INSURER B., POSEIDON DREDGE & MARINE, Inc, INSURER o: 315 Wickline Blvd, Suite A INSURER D !N�URELIL: . .... . ................. . . . ...................... .. .. ................. .. .. .. . . ..... Lantana FL 33462 'INSURER F: COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13SLOW HAVE BEEN ISSUED TO THE INSURED NAMED OVE FOR THE LI PERIOCS INDICATED. NOTWITHSTANUING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is suajEcT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OUR TYPE OF WSURANCE Mao virvo POLICY NUMBER��im V'14� UMI T, NER AL LIAM LITY . . . . ......... ...... 79TIWETW-7717141.94II EACH OCCURRF CtAIMS-MADE EXIOCCUR $ 50 0D0 S. ........... 5,000 .... . . ...... . ..... . . . ..... . .... . . ....... _. A Y Y ML20210NO2282 02/1812021 02/1 &2022 PERSONAL & AVV INJURY 111 1 , 00 . . . ........... ....... T!T'11 !�EM AGORFOATIF LIMIT APPLIES PER: GENERALAGGRE � �1: i! � �TC 2,000,000 POUCY [:]J'E"C`T EILOC . . . . ....................... PRODUCTS - COMPIOP AGG 2,000,DOO i.......... . . ........... . .. . ... . ... . . . .. . . . . . . ......................... . . ....... ... . . . . . - . ........................ 17T)WIMM"1�7w �'_ _ - A U TOMORUJE LIABILITY ANY AUTO INJURY (i; ; son) _j OWNED HEDULED - — ------- AU ONLY AUTOS BODILY INJURY (Per aschista) S AUTOSONLY AUTOS ONLY Dddent7... . S .. . ... — -- — ------------ - - - ---------- - - ..... . ........ ...... ........ . - . .......... . ... . ...... . .. ............... ... . . ... ... ... ... LIM 6 R E L I A UAR OCCUR EACH OCCURR914CE 2,000,000 A EXCESS LIAR CLAIMS -MADE Y Y 20214 02281 02118/2021 02118/2022 AGGREGATE $ 2,000,000 m. DEO ENTION$ 10,000 . . ............ RKERS COMPEN84TION 07T tit rNID EMPLOYERSLIABIUTY YIN . ......................... - W PROPRIETOWPARTMERIFXFOUTIVE E.I.. EACH ACCIDENT � 1004004 A FFICERiMEMBER EXCLUDED? NIA� Y WC202100021116 02118J2021 02118/2022 . . . . .. . ....... .. Mandatory Mandatory In NIR 'E' L. D'ISEASE-EA EMPLOYEE 6 1,000,000 11=be under it, ow Tffj��OF OPERATIONS bal E.L. DISEASE -POLICY LIMIT 5 1,000,000 A . .... .......... - ---------- Blanket RquipmcntlRented and Leased 1,305,270 A Pquipment IM202 1 00006745 02118f2021 02110022 i4._LE_S I�AC "D 101. Additional Remarks Schadul% may be attached If mDre space Is ragall, . Ired) Includes Longshoreman USL & H, Crew Coverage, Marine Employers Liability, P &.1, Rented & Leased Equipment, For Blddlng Purpose Only 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 or, " ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016!03) The ACORD name and logo are registered marks of ACORD Page 218 of 636 CERTIFICATE OF LIABILITY INSURANCE Dazs OWM020 (MMOMYo -. HIS 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 1341PORTANT: If the certificate holder Is an ADDi7 mM� ..DI provisions � TONAL INSURED, the policy(fes) must have ADDITIONAL INSURED provletone or 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 ceritficate does not confer r! hts to the ,ecertificate holder in lieu of such endorsement a S'tOtA PADaUGE d„ I,FI""I"1"I ANTHONY GARCIA INSURANCES �e 601-793-9822 A ti81 793-9881 �C .....' 1035 S. STATE RD. 7, SUITE 311 $ WELLINGTON, FL 334141 INSURE$ S.AFFICOVERAGE„.. o , . State Farm Mutual Automobile Insurance - 51 p rants Company 2$178 INSURED POSEIDON DREDGE & MARINE INC. 319 WICKLINE BLVD STE A LANTANA, FL 33462-3164 COVERAGESll, CER11FICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIF I'll WIT NOTWITHSTANDING O MAY PERIREMENT THE AFFORDED BY THE POLICIES R OTHER DO CERTIFICATE MAY I' THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD INDICATED. NOTWI � ENT WITH RESPECT TO WHICH THIS OC HEREINIWAR IS SUBJECT TO ALL THE TERMS, _ REDUCED BY PAID CLAIMS. CONDITIONS .... , POLICY N� „ E BE TrPI:opINSUR OF SUCH POLICIES. LIRA S 1N L19IITT3 D EXCLUSIONS-- cB c B'.:::::::�...-.TIJ� VT - �m COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE q -11 CLAIMS-MADEOCCUR ,iA EXP hvw'rm $sun %$ .••••••,�,.,. ;' PER3ONAL5IWVINJURY$ GENT. ._,_.. AGGREGATE LIMIT APPLIES PER: OENERAI. AGGREGATE S �R ,POLICY ❑ ,IEC�T LOC PRODUCTS COMPIOP AGG '.... S ,,,.,,�, ,.,»,,..._.�...w .,.,.,. a R s „�� D88 8332-01859 03!18!2020 03118!2021 RY r i OWNED - SCHEDULED e00 LY IN NRY (Per �aklenl} ; 1,O�UGoo O,U AUTOMOBILB LIABILITY ANYAUTO E10 3829 -FIS -59 08!1512020 00/1512021 AUTDdT ONLY OD b31 Bi31-F22 59 06/22/2020 fl8l2212021 disiV �” """ HIRED ANO�N�OWNE4 i 1,ODQ.00D AUTOS ONLY AUTOS ONLY E67 2359.924-69 02/2412020 02124/2021 s - UMBRELLA LIAB OCCUR .EACH OCCURRENCE_ .µ ....., _ E%CE$SEIAB CLAIMS -MADE AQOREGATE S WORRERaOOMPENB "..._ .._._._._..—....... DED N � ...... „ �� ,,� ., - �,�,� � .. ANY PROPRIETORIPARTNEAIEXECUTNf ,NIA E L. EACH ACCIjtlEN- ATION 1fd7OIL 9 n..,, AND EMPLOYER$' LIABILITY YIN OFFICER+MEWERe=LUDEDT (M - S �d�1ory In NH) E.L. DISEASE - EA EwLOYM If If e, doredba under ___.... E.L. DISEASE POLICYLiMIT S _ ,,,,,rv.,,m„ D88CRIPTION OF OPERATIONS I LOCATMNS I VEHICLES (ACORD 701, AddllEona[ Romerka SaMadulr, may to SBnohad If mom space Is ngnlnd) 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 REPR90ENTATM -_„"""" _.. ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD 1801488 192849.12 03.18.2018 Page 219 of City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditio -and-Ureements, the CiLy Boynton Beach as Additional Insured. 71ris is done by providing a Certificate ofInsurance lisling the City as "Certificate Holder�) Bny-r-l* ifiaPr & ti, myerTpm nrdl-J !_YPE (Occurrence used Only) ....... . . . . ............. . ............ ..... MINIM I.M LIMITS IU?Q I J1jtDo _1 . . ........ General Llability e neral 'ne Aggregate S 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. S 1,000,000.00 Owners & Contiwtor's Protective (OCP) Personal & Adv, Injury S 11000,000,00 Liquor Liability Each Occurrence S 1,000,000,00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) S 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad For Property Damage Fire Legal Liability . ........ - - -------- .............. . . . . . . . . . . ........................................ Pa t€arnobile Liability Combined Single Limit . . . . ........ $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange 50,000,00 Non -Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident . ......... .. "I . . . . ......... . $ 1,000,GOO.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident 1,000,000.00 Aggregate ............... Excess Liability Each Occurrence to be determined Umbrella Form Aggregate .. . . ......................... to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit s 500,000,00 . ............. . ............... . . . . ................................ . ............. ....... Disease Each Employee . . . . . .. . .. . . .. . .. . .. . .. . .. . .. . .. . .. . ............... . . . . . . . .......... . . . . . ......... . ............................. $ 1000 {30 . ..... Homeowners Revocable Permit 300,000.00 Builder's Risk ---------------------------------------------------------------------- ---------------------------------------------------------- Limits based on Project cost Other - As Risk Identified ............. . . . . . . . . . ........ .... . ... . ... ...... - --------- to be determined ""I'll, ... . . . ..... . ........ INSURANCE ADVISORY Page 220 of 636 f� ..ti.�..„ nn ll�ia rnm uuuw i CERTIFICATIONS & LICENSE 319 Wickline Blvd. Suite A I Lantana, FL 33462 O: 561-296-49911 F. 561-697-3238 Page 221 of 636 I I I A Page 222 of 636 2111012.021 D113PR - QLAEVEE DoMig Eltisiness As: POSE11111'. )ONF.R.E.:.DGE.: & MARINE, HIC, (.."eirtified GenerM Contrartor- 10:5a37 AM 21912021 Licensee Details ITZWMVTZIT;, Name: QUEVEDO, JAVIER (Primary Name) POSEIDON DREDGE & MARINE, INC (DOA Name) Main Address: 319 WICKLINE BLVD STE A LANTANA Florida 33462 County: PALM BEACH License Mailing: Licensel-ocation: T/r4TTrV-FJM7?7rMM License Type: Certified General Contractor Rank: Cert General License Number, CGC1516366 Status, CurrentActive Licensure Date, 11/04/2008 Expires: 08/31/2022 Special Qualifications Quaiffication Effective Construction Business 11/04/2008 View Related, License Informe tion jEte_w license _,_pmpLainj _ �ft 32399 �.,. E-mail � Customer Contact Center !: Custorner Centact Center! 8 4 .: 39 1! ntgqit 'rallalhassee 1`11 50� 87 1 5 11,1111--l-1- . . .. . . . . . ................................ ------ --- .............................. The State of Florida Is an AAjEE0 employer.g2py.Ldg ErLvacy_gilatement Under Horlda taw, email addresses are public records. Rf you do not want your emall address reieased, In response, to a public-rocoo-ds request, do not send electronic mail to this entity. Instead, contact the office by phone or by tradItionat mail .ff Vou, have any questions, please contact 850.487.095. *Pursq.kant to Section 455,275(1), norlda Statutes, effecUve October 1, 20:12, licensees licensed under Chapter 4515, FryS. must provide Etre Department with an emall address if they have one. The emails provided may be used for aMdai communicatlon with meilcensee, i-towever ernall addresses are public record. If you do not kqlsh to supply a peirsona3 address, please proWde the Department width an ernail address which can be male avallable to the IpuWlc.. lht.tps:fhwrw,myfloridalir.anso. comiLIr,ensell.)etaip.asp?SIIDz::&id::::A71EB22D092CA388B?AF47CIPA,S047r,:i.CI8 Page 223 11636 Page 224 of 636 70 u 0' ` 41 w co 10 CL Q w C zE CO If LM Uj oil, 70 u 0' Page 225 of 636 ` 41 w Page 225 of 636 POSEIDON DREDGE & MARINE, INC 319 WTCKLINE BLVD LANTANA, FLORIDA 33462 RE: CEWrIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2021. However, the new application is due I/31)/2021. inaccordance with 5.337.14 (1) F.S. your next application must be filed within (4) months of the ending to of the applicant's audited annual ii-nancial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS: /fdotwel. dot. state. El. us/Contract*rPrtQ2-3-if:L--ti-.11, once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOM APPROVED WORK CLASSES, Dredging, Fender systems, Retaining Walls, Rip Rap, Seawalls, Steel Sheet Piles. You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified Contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. MM sincerely, Alan Autry, fger Contracts Administration Office Page 226 of 636 Minority and Small Business Development Certification Program This Is to certify that In accordance with City of Tampa ordinance 2008-89 Poseidon Dredge & Marine, Inc. Is hereby certified as a Minority Business Enterprise (MBE) In the following specialty(les) MARINE CONSTRUCTION AND RELATED SERVICES; MARINE EQUIPMENT MAINTENANCE AND REPAIR This certification is valid from March 21, 2019 to March 21, 2021 Updates for recertification are required prior to the expiration date listed above. If at anytime changes are made in your firm that are not in concert with aur eligibility requirements, you agree to report those changes to us for evaluation. The City of Tampa reserves the right to terminate this certification at anytime it determines eligibility requirements are not being met. •7 Gregory K. Hart, Manager Minority and small Business Development Page 227 of 636 BIDDER'S SITE INSPECTION CONFIRMATION Check One: ❑ NON -MANDATORY ® MANDATORY BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT BID NO.: 002-2511-211RW "CGI 4�c7� o pt _ as an authorized representative of: (Name and Title of Representative) CJS b a . tii»hereinafter called the bidder) I at m � orated (Name o om�1, any} �c c P pan Address .w i and that s aid Company bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. A11VC AieI DATE OF BEACH ...—._...............� TITLE.......�,��,��,��,w_ �... PURCHASING SIGNATURES FOR MANDATORY SITE INSPECTION THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 002-2511-21/RW — Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 78