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HomeMy Public PortalAbout2014-38 Selecting the proposal of Layne Inliner, LLC for repair stormwater facilitiesRESOLUTION NO. 2014-38 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING THE PROPOSAL OF LAYNE INLINER, LLC FOR REPAIR AND RELINING OF STORMWATER FACILITIES ON OCEAN LANE DRIVE; PROVIDING FOR WAIVER OF COMPETITIVE BIDDING; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT FOR THE WORK; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is necessary to expeditiously repair and reline stormwater pipes or facilities (Basin 9A) on Ocean Lane Drive, which provides stormwater drainage to the area; and WHEREAS, the Village Council desires to select the proposal of Layne Inliner, LLC (the "Contractor") for repair and relining of stormwater facilities on Ocean Lane Drive (the "Work"), which proposal is attached hereto as Exhibit "A"; and WHEREAS, the repair of the stormwater facilities is exempt from competitive bidding under Florida Law, specifically, Section 255.20(1)(c)(5), Florida Statutes; and WHEREAS, the Village Council fords, upon advice from the Village Attorney, that procurement of the Work is exempt from competitive bidding pursuant to Section 2-86 of the Village Code, as being based on the bid of another governmental entity; and WHEREAS, competitive bidding for the Work is also waived by the Village Council pursuant to section 2-85 of the Village Code, upon a finding that it is impractical to apply such competitive bidding procedures as the repair work needs to be completed expeditiously; and WHEREAS, the Village Council authorizes the Village Manager to enter into a contract with the Contractor, consistent with the Proposal attached hereto as Exhibit "A", and substantially in the form of Contract attached hereto as Exhibit "B"; and 1 WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted, confirmed and incorporated herein. Section 2. Contractor Selected. The Village Council hereby selects the Contractor for the Work pursuant to the Proposal attached hereto as Exhibit "A." Section 3. Waiver of Competitive Bidding. The Village Council hereby waives competitive bidding, pursuant to Sections 2-85 and 2-86 of the Village Code, because it is impractical to bid the Work which must occur expeditiously, and based on the procurement and contract entered into by another governmental entity with the Contractor for similar work. Section 4. Village Manager Authorized. The Village Manager is hereby authorized to enter into the Contract with the Contractor for the Work, consistent with the Proposal attached hereto as Exhibit "A", and substantially in the form of Contract attached hereto as Exhibit "B", subject to approval as to form, content, and legal sufficiency by the Village Attorney. Section 5. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 14th day of October, 2014. AV i--�._ AYOFRANKLIN CAPLAN 2 ATTEST: NCHIT ARE VILLAGE ATTORNEY 4,, MMC, VILLAGE CLERK (6' 7 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hiner PROPOSAL DATE: SUBMITTED TO: July 11, 2014 Village of Key Biscayne 88 West McIntyre Street, Suite 230 Key Biscayne, FL 33149 Attn: Jose G. Lopez, P.E. cc: Tony O. Brown, Public Works Superintendent JOB LOCATION: Village of Key Biscayne Basin 9A We propose hereby to furnish matenal and labor - complete in accordance with specifications below, for the sum of Seventy -Two Thousand Three Hundred Five dollars and no cents (572,350.00) Payment terms - 100% within thirty (30) days upon completion and acceptance. All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications below involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. Ali agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire, tornado and other necessary insurance Our workers are fully covered by Workman's Compensation insurance. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days We hereby submit specifications and estimates as follows: Layne Inliner, LLC shall supply all equipment, materials and labor to perform the work as follows: DESCRIPTION QTY UNIT PRICE TOTAL Item #1 — Furnish/Install 15" CIPP Lining (7.5 mm) 669 LF S80.00 553,520.00 Item #21 — Mobilization - 1 , LS $8,500.00 $8,500.00 Item #22 — Signs & Barricades 1 LS 5251100 52so.00 LS 510,035.00 510,035.00 Item #23 — lewotnreng and Pipo Man tag 1 TAL $ ,035. NOTES: Proposal based on pricing contained in u contract between Layne Inliner, LLC and Polk County Bid No. 14- 227. Blanket PO#21402308. 2. This proposal is subject to pre -TV inspection by Layne Inliner, LLC indicating the line conditions are acceptable for installation of Inliner. 3. Payment based on actual footage from center of manhole to center of manhole. 4. Price quoted does not include point repairs if required prior to installing lnlinor. It payment is not received within 30 days of invoice a 1.5% monthly finance charge will be assessed on all outstanding balances. n Signature Michael Cannon, P. , District Manager Acceptance of Proposal — above made s, outlined sons and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment Date of Acceptance __ , Authorized Signature 2531 Jewett Lane Sanford, FL 32771 1 Office 407 472 0014 Fax 407 472 0097 PURCHASE ORDER Purchase Order No. Revision POLK COUNTY BOARD OF COUNTY COMMISSIONERS 330 WEST CHURCH STREET, ROOM 150 BARTOW, FL 33830 (863) 534-6757 PHONE (863) 534-6789 FAX 21402308 0 Page 1 of 1 This Purchase Order No. must appear on all invoices, packing lists, cartons and correspondence related to this order. VENDOR NUMBER: 1032422 LAYNE INLINER LLC 2531 JEWETT LN SANFORD FL 32771 ORDER DATE: 11 -APR -2014 13:45:41 REVISED DATE: REF: BILL TO Transportation Eng-Bill To PO Box 9005 Drawer TRO1 Bartow, FL 33831 SHIP TO Transportation Engineering 3000 Sheffield Road Bldg # 30800 Winter Haven, FL 33880 PAYMENT TERMS Per FS 218.73 SHIP VIA Best Way F.O.B. Destination FREIGHT TERMS TBD BUYER Winton Spearman, Tammy LINE NO PART NO. / DESCRIPTION DELIVERY DATE QTY UOM UNIT PRICE LINE AMOUNT Special Instructions and Information to Vendor 1 Mail a separate invoice for each shipment. 2. No State Sales Tax shall be included in the price. 3. Send the onginal invoice to the "Bill To" address noted at the top of this PO. 4. The invoice shall separately list the items invoiced, quantities and unit prices. 5. Terms and Conditions: Purchasing Policies & Procedures Website PO TOTAL Consumer's Certificate of Exemption: 85-8012622308C-3 Federal Employer ID Number: 59-6000809 Federal Tax #: A-188238 Fran McAskill Bidet & Procurement Director BID REGISTRATION You MUST register using this form in order to receive notice of any addenda to these documents. Please fax the completed form to the Procurement Division as soon as possible. It is the vendor's responsibility to verify if addenda have been issued. Bid Number and Title: Description: Receiving Period: Bid Opening: Mandatory pre -bid meeting Special Instructions: 14-227, Cured in Place Pipe (CIPP) Installations Provide the necessary labor, material, equipment and supervision to rehabilitate storm water pipes throughout Polk County by installation of CIPP. Wednesday, March 26, 2014, Prior to 2:00p.m. Wednesday, March 26, 2014, 2:00p.m. Tuesday, March 11, 2014 at 2:00 p.m. Annual Bid. This form is for bid registration only. Please scroll down for additional information. BIDDER REGISTRATION FAX THIS FORM BACK IMMEDIATELY FAX: (863) 534-6789 Carefully complete this form and mail or fax it to the Procurement Division. You must submit one form for each bid that you are registering for. Company Name: Contact Person: Mailing Address: City: State: Zip Code: Phone: Fax: E-mail: BID #14-227 Cured in Place Pipe (CIPP) Installations BID SHEET ADDENDUM #1 DATE: March 13, 2014 Bid Item / FDOT Item 1 Units Quantity Description Unit Price in Figures Total Amount 1 0431 1 1 LF 200 Furnish & Install 15- CIPP Lining (7.5 mm) r $80 00 3 16,000.00 2 0431 1 1 LF 200 15" CIPP Thickness Variance 1.5 mm $0.50 $ 100 00 3 0431 1 1 LF 300 Furnish & Instal 18' CIPP Lining (9 mm) 58500 $ 25,500 00 4 0431 1 1 LF 300 18` CIPP Thickness Variance 1.5 mm $100 $ 300 00 5 0431 1 1 LF 200 Furnish & Install 24• CIPP Lining (10.5 mm) $95.00 E 19,000.00 6 0431 1 1 LF 200 24- CIPP Thickness Variance 1.5 mm $2.00 $ 400 00 7 0431 1 2 LF 150 Furnish & Install 317" CIPP Lining (12 mm) $115.00 $ 17,250.00 8 0431 1 2 LF 150 30' CIPP Thickness Variance 1.5 mm 52.50 $ 375.00 9 0431 12 LF 150 Furnish & instal 36' CIPP Lining (15 mm) 5145.00 $ 21,750 00 10 0431 1 2 LF 150 39' CIPP Thickness Vartanoe 1.5 mm 5300 S 450.00 11 0431 1 2 LF 100 Furnish & Instal 42' CIPP Lining (16.5 mm) $190.00 $ 19,000.00 12 0431 1 3 LF 100 42^ CIPP Thfclnsss Variance 1.5 mm $3.50 $ 350 00 13 0431 1 3 LF 100 Furnish & Instal 48' CIPP Lining (19.5 mm) 5230.00,. $ 23,000 00 14 0431 1 3 LF 100 46- CIPP Thickness Variance 1 5 mm 00 $ 400 00 15 0431 1 4 LF 75 Furnish & Instal 54" CIPP Liming (27 mm) $365.00 $ 27,375.00 16 0431 1 4 LF 75 54' CIPP Thickness Variance 1.5 mm $5.00 $ 375.00 17 0431 1 4 LF 50 Furnish & Install 60' CIPP Lining (28.5 mm) 5460.00 $ 23,000 00 18 0431 1 4 LF 50 a0' CIPP Thickness Variance 1.5 mm $5.50 $ 275.00 19 0431 1 5 LF 50 Furnish & Install 77 C1PP Lining (33 mm) 5610.00 $ 30,500.00 20 0431 1 5 LF 50 77 CIPP Thickness Vgrisnce 1.5 mm $600 $ 300.00 21 101-1 LS 1 MOBILIZATION site specific' site specific* 22 102-1 LS 1 MAINTENANCE OF TRAFFIC site specific' site specific' 23 LS 1 DEWATERING AND PIPE CLEANING site specific' r site specific' TOTAL $ 225,700.00 'Pricing for Bid tuns 1121,922, and 923 shall be estimated by the two Contractors per each Individual profit as described In Supplemental Condition No. 4. Company Name: LAYNE WILMER, uc Page 27-1 Cured in Place Pipe (CIPP) Installations Bid 14-227 SIGNATURE ACKNOWLEDGEMENT (SUBMITTAL PAGE) To Polk County, a Political Subdivision of the State of Florida Date: /r1/h 44 o2 b, / 11' I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same construction, service or material and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I have read and understand the bidding documents. I have completed and submitted all bid submittal forms, and I am authorized to sign this bid for the bidder. In submitting a bid to the County, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the County all rights, titles and interests in and to all causes of action it may now or hereafter acquire under the Anti -Trust Laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the County. At the County's discretion, such assi ment shall be made and become effective at the time the County tenders final paymyt to the bidder. 1- ) L i) O- VEN OR NAME ,,?. .3/ 1Eei%Ti t,16" MAILING ADDRESS 5,410- Jib, ri- a..). 77 / CITY, STATE AND ZIP CODE ad 7— Ali Z--00/4' (AREA CODE) TELEPHONE NUMBER 407— I/ 7.2-- 0099 (AREA CODE) FAX NUMBER This bid may be used by any other Govemment Agency. [TS [ ] NO [ ] N/A ORIZED'IMNATURE (MANUAL) rlc 4-46 - L'`),)0 Ai NAME (TYPED OR PRINTED) 1Si %Z.!t /9? 4 & ' TITLE (TYPED OR PRINTED) 477— 2214,— -86,71/ TOLL FREE NUMBER mlkg, O4 L) , 24 41,, J6:e - E-MAIL ADDRESS Revised 1472112012 28 inliner POLK COUNTY CURED IN PLACE PIPE (CIPP) INSTALLATIONS BID NO. 14-227 SPECIAL CONDITIONS 10. BIDDER QUALIFICATIONS 1. Project Name: Owners: Project Manager: Telephone #: Contract Amount: 2. Project Name: Owners: Project Manager: Telephone #: Contract Amount: 3. Project Names: Owners: Project Manager: Telephone #: 4. Project Name: Owners: Project Manager: Telephone #: Contract Amount: 5. Project Name: Owners: Project Manager: Telephone #: Contract Amount: E5T09 FDOT District 5 Wilkes Kempf 407-482-7836 $645,227.59 E5Q59 FDOT District 5 Trevor Williams 407-482-7820 $382,069.00 Q13-542 - Bramblewood Drive and Q13-517 - Park Byrd. Road - $55,340.00 CQ13-374 - Carter Road - $85,635.00 Q14-057 - Greenleaf Circle - $22,134.00 Polk County Doug Gable 863-534-6715 Y8-1108-32 Term Contract for Storm Sewer Slip Lining Orange County Government, Florida Charlie West 321-354-7325 $8,845,831.00 Cecil Field, Airfield Drainage Rehabilitation Jacksonville Aviation Authority Art Waczkowski 904-573-1603 $759,275.00 2531 Jewett Lane, Sanford, FL 32771 1 Office: 407.472.0014 1 Fax: 407.472.0097 Jayne corn Cured in Place Pipe (CIPP) Installations Bid 14-227 DRUG -FREE WORKPLACE FORM (SUBMITTAL PAGE) The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies .1) ', (Name of Business) that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation programs, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. m,9t aG, 20/4 Date Revised 10222012 29 Cured in Place Pips (CIPP) Installations Bid 14-227 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER � State of �0�a/Q' (SUBMITTAL PAGE) County of 5-011 /-)01•g ) duly swom, deposes and says that: 1. he is' f ST�� %y%��of L 41-10‘' l A)L/,c)Eit L. dder that has submitted the attached Bid; , being first , the 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstance respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidders 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, firm or person to submit a collusive or sham Bid in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion of communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid of any other Bidder, or to fix any overhead, profit or cost element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the County 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. Signed• Title: A/t l Z- .0d(), 2/ST /44,. Subscribed swom to before me this aCiday of /if/bee-Ott , 20 /i (Title) My Commission Expires: ^�rliri'„ JANET C. DIDONATO Notary Public - State of Florida •c My Comm. Expires Sep 18, 2014 + +�' Commiseinn nn Q94756 '.....'w i," Bonded Through National Notary Assn Revised 10/22'2012 30 INSURANCE (SUBMITTAL PAGE) By signing below the Bidder is stating that they fully understand the Insurance requirements for the project and if awarded the bid will provide all insurance coverage as required in Bid 14- 1227, Cured in Place Pipe (CIPP) Installations. The requirements are as follows: • Bidder is insured with a company licensed to do business in the State of Florida • The insurance company is rated A VIII or better by A.M. Best Rating Company (Workers Compensation, General and Automobile policies) • Polk County will be named as an additional insured for general and automobile liability • The General Liability and Worker's Compensation policies will contain waiver of subrogation in favor of Polk County idc "i(1LI,)E2?? 1 Le_ Company Name Bidde gnature) ,77) b /£ -i mmJ4P Revised 1022/2012 32 SAFETY REQUIREMENTS/REGULATIONS 1. All Bidders are required to submit, with their Bid Proposal, the Safety Requirements/Regulations form. Any questions regarding compliance with the safety requirements/regulations provision shall be directed to the County Safety Officer, Risk Management, at (863) 534-5267. 1.1. The Contractor is responsible for observing all OSHA regulations and shall self - inspect to ensure this is accomplished. The Contractor shall ensure that all personnel are property trained and shall be able to provide documentation for their personnel that have attended training courses. Examples of such training courses are: Hazard Communications, Traffic Work Zone Safety, Personal Protective Equipment, First Aid/CPR, Permit Required Confined Space, Lock out/Tag Out of Hazardous Energy. All contractors are required to comply with OSHA Standards regardless of the number of employees they may have. 1.2. A County representative may periodically monitor work site safety. Should there be safety and/or health violations, classified as Serious, Willful or CriminaWVillful Violations, the County's representative may have the authority, but not the duty, to require the Contractor to correct the violation in an expeditious manner. Inspections shall be based on requirements contained in law. The definitions of serious, willful and criminal/willful violations are as follows: 1.2.1. Serious Violation: A serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation. 1.2.2. W iliful Violation: May exist where evidence shows that the employer committed an intentional and knowing violation of the Act. 1.2.3. Criminal/Willful Violation: A repeat violation of a previously cited willful violation. 1.2.4. Violation of Serious, Willful or Criminal violation may have the following consequences: A. First violation: correction may be a verbal waming and the correction shall be done the same day. Written documentation may be maintained by the County. B. Second violation: may result in work stoppage until the violation is corrected. The work stoppage shall not entitle the Contractor to additional contract time or compensation. Liquidated damages provision will remain in full force and effect. C. Third violation: this may constitute a breach of contract for safety violations and may result in termination of the contract at the sole discretion of the County. Revised 10/2212012 33 Note: The County Safety Officer may stop any job to ensure the safety of all concemed. 1.3. Should the work site be in a hazardous area, the County shall fumish the Contractor with information conceming hazards such as types or identification of known toxic material, machine hazards, Material Safety Data Sheets, or any other information that would assist the Contractor in the planning of a safe work site. 1.4. The Contractor shall be aware that while working for the County, representatives from agencies such as the United States Department of Labor, Occupational Safety and Health Administration (OSHA), and the Division of Safety, State of Florida, are invitees and need not have warrants or permission to enter the work site. These agencies, as well as the County Safety Officer, enter at the pleasure of the County. 1.5. The Contractor shall designate a competent person of its organization whose duty shall be the prevention of accidents at the site. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the County. All communications to the superintendent shall be as binding as if given to the Contractor. Revised 10/72/7012 34 SAFETY REQUIREMENTS/REGULATIONS FORM Bidder must sign and have notarized: The undersigned bidder hereby certifies that they fully understand the safety requirements/regulation provisions and wilt comply. Dated this a.C174-day of ORa___ 20* Name of Finn L/ i)E y0-)L/A-)E�, LL L BY �� ia� eL ,t)p4 ., ism 44e. Title of Person Signing (SEAL) SWORN TO AND SUBSCRIBED BEFORE ME This a -6/11 —day 42 , 20 /I/ Notary Public: My Commission Expires: JANET C D1T1pNAT0 '�`'— 11+= Notary Public • State o1 Florida • I My Comm. Expires Sep 18 201 Commission # DO %.,,,,, . �`.. 994Igr n'a Bonded Through Nahr,na, N, . Revised 10122/2012 35 CHECKLIST FORM INCLUDED IN BID PACKAGE List of five (5) CIPP installation projects as specified herein [ es Signature Acknowledgement Eles Drug -Free Work Place Form [ 'es Non -collusion Affidavit of Prime Bidder E‘'es Insurance Submittal Page L es Safety Requirement Form [e Bid Sheets Inhes Revised 10/22012 36 CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made as of ck Iv 'Y ZD, 2014 by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Village"), and LAYNE INLINER, LLC an Indiana limited liability company, whose address is 2531 Jewett Lane, Sanford, Florida 32771 (hereinafter referred to as "Contractor"). WITNESSETH That Contractor and Village, for the considerations hereinafter named, the receipt and sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contractor's Proposal dated July 11, 2014 attached hereto and incorporated herein as Exhibit "A" (the "Work" or "Project"), and as described in any approved plans, drawings and specifications for the following Project: Repair and Relining of Stormwater Line and Facilities on Ocean Lane Drive ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the Village Manager. The Notice to Proceed will not be issued until Contractor's submission to Village of all required documents, including permits(s), and after execution of this Contract. 2.2 The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantially completed within thirty (30) calendar days from the date specified in the Notice to Proceed ("Substantial Completion") so that the Village may occupy and use all or a portion of the Project for its intended purpose. Achievement of Substantial Completion requires acceptance by the Village that the Work is complete and in accordance with the Contract Documents so that the Village may occupy and use the Project for the purpose and use for which it was intended, and the permitting governmental authorities shall have issued final inspection and approval. The Work shall be fully completed in accordance with the Contract Documents within forty five (45) calendar days from the date specified in the Notice to Proceed ("Final Completion"), and on the date agreed to by Village when all Work has been completed in accordance with the Contract Documents, including the satisfaction of all requirements in Section 3.3 of this Contract for final payment. 2.3 Time is of the essence throughout this Contract and there will be monetary damage to the Village in the event that the Work is not completed within the time fixed for completion in this Contract. In as much as the actual damages for such delay of performance is impossible to exactly determine, Contractor agrees that it shall be liable for and shall pay Village liquidated damages for all delay damages as set forth herein. Upon failure of Contractor to achieve Substantial Completion of the Contract within Thirty (30) calendar days from the date specified in the Notice to Proceed, Contractor shall pay to Village the sum of Five Hundred Dollars ($500) for each calendar day that the Contractor failed to achieve Substantial Completion. After Substantial Completion, should Contractor fail to complete the remaining Work and achieve Final Completion within forth five (45) calendar days from the date specified in the Notice to Proceed, Contractor shall pay to Village the sum of Five Hundred Dollars ($500) for each calendar day after Substantial Completion that the Project has not achieved Final Completion and readiness for final payment. These amounts are not penalties but are liquidated damages payable by Contractor to Village for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by Village as a consequence of Contractor's delay and failure of Contractor to complete the Work on time. 2.4 Village shall inspect the Work and prepare and deliver to the Contractor a punchlist for the Work or portion thereof ("Punchlist'), which was inspected. This Punchlist shall list all items that Village has identified for correction or completion. When all items listed on the Punchlist have been corrected or completed to the satisfaction of Village, Village may certify Final Completion. Contractor understands and agrees that Final Completion cannot occur until such time as the Punchlist Work has been completed so that the Project can be occupied and used by Village for its intended purpose without disruption to Village. 2.5 Village is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount due to Village by Contractor exceeds monies due Contractor from Village, Contractor shall be liable and shall immediately upon demand by Village pay to Village the amount of said excess. ARTICLE 3 CONTRACT PRICE 3.1 Village shall pay to Contractor for the performance of the Work in accordance with the Contractor's Proposal attached thereto as Exhibit "A", with pricing for Item #1 shown thereon (furnish/install 15" CIPP Lining ) to be based on unit pricing per actual linear foot of lining installed (the "Contract Price"). The Contract Price shall be full compensation for all services, labor, materials, equipment and costs, including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. 2 3.2 Village shall pay the Contract Price above pursuant to the following schedule: The Contract Price shall be paid to Contractor upon Final Completion of the Work in accordance with the Contract Documents and acceptance by the Village and upon certification by the Village that the Work is complete and in accordance with the Contract Documents ("Certification of Final Completion"). 3.3 Upon Certification of Final Completion by the Village, the Contract Price shall be due and payable to Contractor within thirty (30) days after the following conditions are satisfied: (a) Inspection and submission of evidence of approval of all the Work requiring inspection by the Village and any governmental body, inspection organization, bureau or association having jurisdiction over the Work, within Contractor's responsibilities under this Contract; (b) Village's approval of Contractor's final Application for Payment; (c) Assignment of any and all manufacturer's warranties or assignment of subcontractor's warranties on material or equipment installed; (d) Final disbursements which are related to the performance of the Work by Contractor or its subcontractors, sub -subcontractors, laborers or material suppliers; (e) Final waivers of lien from the Contractor and all vendors and subcontractors which have provided labor and/or materials for performance of the Work which shall accompany Contractor's application for final payment; (0 required; Contractor obtaining a certificate of completion or occupancy, as may be It is mutually agreed that no payment made under this Contract shall be evidence of acceptance of defective or improper materials or workmanship. 3.4 Any payment by Village, including the final request for payment, does not constitute approval or acceptance by Village of any item of the Work nor shall it be construed as a waiver of any of the Village's rights hereunder or at law or in equity. 3.5 This Contract is subject to the condition precedents that: (i) Village funds are available and budgeted for the Contract Price; (ii) the Village secures and obtains any necessary grants or loans for the accomplishment of this Project pursuant to any borrowing legislation adopted by the Village Council relative to the Project; and (iii) Village Council enacts legislation which awards and authorizes the execution of this Contract, if such is required. 3 ARTICLE 4 CONTRACT DOCUMENTS 4.1 The Contract Documents, which comprise the entire agreement between the Village and the Contractor concerning the Work consist of (a) this Contract for Construction (including any change orders and amendments thereto), (b) the Contractor's Proposal for the Project attached hereto as Exhibit "A", (c) Insurance Certificates, (d) the Notice of Award, and (e) the Notice to Proceed, all of which are deemed incorporated into and made a part of this Contract by this reference and govern this Project. In the event of any conflict among the foregoing, the documents shall govern in the order listed herein. Contractor is reminded and hereby recognizes that all Work under this Contract must comply with all applicable federal, state and local law. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. 4.2 This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.3 The Contract Documents shall remain the property of the Village. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; however in no circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Village's prior written authorization. ARTICLE 5 INDEMNIFICATION 5.1 Contractor shall defend, indemnify, and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, including legal fees and costs and through appeal, arising out of or, related to, or in any way connected with Contractor's performance or non-performance of this Contract or with Contractor's obligations or the Work related to this Contract, including by reason of any damage to property or bodily injury or death incurred or sustained by any party. The Contractor shall defend, indemnify, and hold the Village harmless from all losses, injuries or damages and wages or overtime compensation due its employees in rendering services pursuant to this Contract, including 4 payment of reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or any employment related litigation or worker's compensation claims under federal or state law. The Contractor shall further defend, indemnify, and hold the Village harmless from all fines, citations, court judgments, insurance claims, restoration costs or other losses or liabilities arising out of or, related to, or in any way connected with Contractor's performance or non-performance of this Contract or with Contractor's obligations or the Work related to this Contract. The provisions of this section shall survive termination of this Contract. ARTICLE 6 INSURANCE AND BONDS 6.1 Insurance. Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A -X or better by Bests Rating and qualified to do business in the State of Florida. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured, no later than ten (10) days after award of this Contract and prior to the execution of this Contract by Village and prior to commencing any Work. Each certificate shall include no less than (30) thirty -day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. (a) Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. (b) Workers Compensation and Employer's Liability insurance, as required by law. (c) Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include Owned, Hired, and Non -Owned Vehicles. (d) Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged, destroyed, lost or stolen until Final Completion has been 5 achieved for the Project, and all such Work shall be fully restored by the Contractor, at its sole cost and expense, in accordance with the Contract Documents. 6.2 Bonds. No bonds are required of Contractor for this Work. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS AND WARRANTIES In order to induce the Village to enter into this Contract, the Contractor makes the following representations and warranties: 7.1 Contractor represents the following: 7.1.1 Contractor has examined and carefully studied the Contract Documents and any other data relevant to the Project, including, without limitation, any technical data, drawings, plans and specifications. 7.1.2 Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.1.3 Contractor is familiar with and is satisfied as to all federal, state and local laws, regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. 7.1.4 Contractor has made, or caused to be made, examinations, investigations, tests and/or studies as necessary to determine surface and subsurface conditions at or on the Project site. Contractor acknowledges that the Village does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to underground or ground facilities at, contiguous or near the Project site or for existing improvements at or near the Project site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities and improvements) at, contiguous or near to the Project site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Time as 6 specified in Article 2 of this Contract and in accordance with the other terms and conditions of the Contract Documents. 7.1.5 Contractor is aware of the general nature of Work to be performed by the Village and others at the Project site that relates to the Work as indicated in the Contract Documents. 7.1.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Project site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.1.7 Contractor has given Village written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Village is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.1.8 The Contractor agrees and represents that it possesses the requisite skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all materials shall be new and approved by or acceptable to Village, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2 Contractor warrants the following: 7.2.1 Anti -Discrimination: Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and agrees to abide by all federal and state laws regarding non-discrimination. 7.2.2 Anti -Kickback: Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the Village has any interest, financially or otherwise, in the Project. For breach or violation of this warranty, the Village shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 7 7.2.3 Licensing and Permits: Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required licenses and permits whether federal, state, County or Village. Contractor acknowledges that it is the obligation of Contractor to obtain all licenses and permits required for this Project. ARTICLE 8 DEFAULT AND TERMINATION 8.1 If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work within the Contract Time as specified in Article 2, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the Contract Time, or if the Contractor shall fail to perform any material term set forth in the Contract Documents, or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Village may, upon seven (7) days written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Work by whatever methods it may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by Village, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by Village shall exceed monies due Contractor from Village, Contractor shall be liable and shall pay to Village the amount of said excess promptly upon demand therefore by Village. In the event it is adjudicated that Village was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by Village for convenience as described below. 8.2 This Contract may be terminated by the Village for convenience upon seven (7) calendar days' written notice to the Contractor. In the event of such a termination, the Contractor shall incur no further obligations in connection with the Project and shall, to the extent possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed through the date of termination to the satisfaction of the Village. In such event, the Contractor shall promptly submit to the Village its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. ARTICLE 9 8 MISCELLANEOUS 9.1 No Assignment. Neither party shall assign the Contract or any sub -contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Village Manager. 9.2 Contractor's Responsibility for Damages and Accidents. 9.2.1 Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by Village, and shall promptly repair any damage done from any cause. 9.2.2 Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by Village, Contractor shall replace same without cost to Village. 9.3 Defective Work; Warranty and Guarantee. 9.3.1 Unless otherwise provided for in the Contract Documents, all materials and equipment incorporated into any Work covered by this Contract shall be new and of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be in accordance with construction practices acceptable to Village. Contractor warrants to Village all labor, equipment and materials furnished or performed under this Contract against defects in materials and workmanship. Village shall have the authority to reject or disapprove Work which the Village finds to be defective. If required by the Village, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with nondefective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections, including the cost of testing laboratories and personnel. 9.3.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Village's Project Consultant, Village shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary, at Contractor's expense. Any expense incurred by Village in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, Village may declare Contractor in default. 9.3.3 The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment furnished and Work performed, regardless of whether the same were performed by the Contractor or by any of its subcontractors, for a period of one (1) year from the date of Substantial Completion as required by Florida law, unless longer warrantees or guarantees are provided for elsewhere in the Contract Documents, in which case the longer periods of time shall prevail. If, 9 within one (1) year after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from Village, shall promptly correct such defective or nonconforming Work within the time specified by Village without cost to Village. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to Village all material and equipment warranties upon completion of the Work hereunder. 9.3.4 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 9.4 Legal Restrictions and Hours of Work. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any road, right-of-way or access area, without the written consent of the Village or governing jurisdiction. Work is anticipated to be performed Monday through Friday in accordance with the requirements and limitations of applicable law including, without limitation, Chapter 17 of the Village Code. The Contractor shall not perform Work beyond the time and days provided herein without the prior written approval of the Village. 9.5 Examination and Retention of Contractor's Records. 9.5.1 All records, books, documents, maps, data, deliverables, papers and financial information (the "Records") that result from the Contractor performing the Work for the Village under this Contract shall be the property of the Village. 9.5.2 The Village Manager or his designee shall, during the term of this Contract and for a period of three (3) years from the date of termination of this Contract, have access to and the right to examine and audit any Records of the Contractor involving transactions related to this Contract. In addition, the Contractor agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. 9.5.3 The Contractor agrees to include in any subcontractor contracts for this Project corresponding provisions for the benefit of Village providing for retention and audit of records. 9.5.4 The Village may cancel and terminate this Contract immediately for refusal by the Contractor to allow access by the Village Manager or his designee to any Records pertaining to work performed under this Contract that are subject to the provisions of Chapter 119, Florida Statutes. 9.6 No Damages for Delay. 10 Contractor shall not be entitled to and hereby waives any and all damages or any claim by reason of delay against Village, and shall have no claim other than for an extension of time by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from Village for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, lost profits, overhead, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not caused by Village. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. Notwithstanding the above, Contractor may be granted an extension of time and suspension of liquidated damages for any delay beyond the reasonable control of the Contractor. Should any delay, disruption, interference or hindrance be solely and intentionally caused by the Village, for a continuous period or cumulative period of thirty (30) days, the Contractor may terminate the Contract upon fifteen (15) days written notice to the Village. 9.7 Authorized Representative. 9.7.1 Before commencing the Work, Contractor shall designate a competent, authorized representative ("Authorized Representative") acceptable to Village to represent and act for Contractor and shall inform Village, in writing, of the name and address of such representative together with a clear definition of the scope of his authority to represent and act for Contractor. Contractor shall keep Village informed of any subsequent changes in the foregoing. Such representative shall be present or duly represented at the Project site at all times when Work is actually in progress. All notices, determinations, instructions and other communications given to the authorized representatives of Contractor shall be binding upon the Contractor. 9.7.2 The Authorized Representative, project managers, superintendents and supervisors for the Project are all subject to prior and continuous approval of Village. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any of the positions named above, are, for any reasonable cause whatsoever, unacceptable to Village, Contractor shall replace the unacceptable personnel with personnel acceptable to Village. 9.8 Taxes. Contractor shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Contract. The Contract Price and any agreed variations thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall make any and all payroll deductions required by law. Contractor herein indemnifies and holds Owner harmless from any liability on account of any and all such taxes, levies, duties and assessments. 9.9 Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at the Project to perform the Work and meet the requirements of this Contract. Such utilities shall be furnished by Contractor at no additional cost to Village. Prior to final acceptance of the Work, 11 Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of this Contract. 9.10 Safety. Contractor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property. Contractor shall continually and diligently inspect all Work, materials and equipment to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. Village shall not be responsible for supervising the implementation of Contractor's safety program, and shall not have responsibility for the safety of Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. 9.11 Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing, the same may be accomplished by Village at Contractor's expense. 9.12 Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder and in accordance with this Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 9.13 Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity Crimes Statute) notification of which is hereby incorporated by reference, including execution of any required affidavit. 12 9.14 Capitalized Terms. Capitalized terms shall have their plain meaning as indicated herein. 9.15 Independent Contractor. The Contractor is an independent contractor under this Contract. This Contract does not create any partnership nor joint venture. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the Village. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 9.16 Payment to Sub -Contractors. Certification of Payment to Subcontractors: The term "subcontractor", as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project, and approved by the Village. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts as a condition precedent to payment to Contractor by the Village. The Contractor shall also return all retainage withheld to the subcontractors within 30 days after the subcontractor's work is satisfactorily complete and accepted by the Village. 9.17 Liens. Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be filed against the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed to have been supplied to the Project. In the event such a lien is found or claimed against the Project, Contractor shall within ten (10) days after notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public records of Miami -Dade County, Florida, or cause such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami -Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above, Village shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally, Village shall thereafter have the right, but not the obligation, to retain out of any payment then due or to become due Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay Village's reasonable attorneys' fees and costs incurred in connection therewith. 9.18 Governing Law. This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami -Dade County, Florida. 13 9.19 Waiver of Jury Trial. VILLAGE AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY. 9.20 Notices/Authorized Representatives. Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the Village: John C. Gilbert Village Manager 88 W. McIntyre Street Key Biscayne, Florida 33149 With a copy to: For The Contractor: 9.21 Headings Stephen Helfman, Esq. Village Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd. Coral Gables, Florida 33134 Michael Canon, P.E., District Manager Layne Inliner, LLC 2531 Jewett Lane Sanford, Florida 32771 Headings are for convenience of reference only and shall not be considered in any interpretation of this Contract. 9.22 Exhibits. 14 Each Exhibit referred to in this Contract forms an essential part of this Contract. The Exhibits if not physically attached, should be treated as part of this Contract, and are hereby incorporated by reference. 9.23 No Waiver or Breach. The failure of a party to insist on strict performance of any provision of this Contract shall not be construed to constitute a waiver of a breach of any other provision or of a subsequent breach of the same provision. 9.24 Severability. If any provision of this Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 9.25 Prevailing Party; Attorneys' Fees. If either the Village or Contractor is required to enforce the terms of this Contract by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all costs, expenses, and reasonable attorney's fees in any state or federal administrative, circuit court and appellate court proceedings. 9.26 Counterparts. This Contract may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. [SIGNATURE PAGES FOLLOW ON THE NEXT PAGES] 15 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA, sig ' by and ' Village Manager authorized to execute same by Counc' n ,y of 2014, and Layne Inliner, LLC signing by and through , duly authorized to execute same. VILLAGE: Attest: Approved as to Form and Legal Sufficiency: ATTEST: CONTRACTOR: VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation LAYNE INLI ER, LLC, an Indiana limited liability com - y By: hael Canno , i is rict Manager Name: Title: f ar H- Vice President Date Executed: October 15, 2014 16 Exhibit "A" Contract Documents (Attach Contractor's Proposal) 17 :Winer PROPOSAL DATE: SUBMITTED TO: July 11, 2014 Village of Key Biscayne 88 West McIntyre Street, Suite 230 Key Biscayne, FL 33149 Attn: Jose G. Lopez, P.E. cc: Tony O. Brown, Public Works Superintendent JOB LOCATION: Village of Key Biscayne Basin 9A We propose hereby to furnish material and labor - complete m accordance with specifications below, for the sum of Seventy -Two Thousand Three Hundred Five dollars and no cents ($72,350.00) Payment terms - 100% within thirty (30) days upon completion and acceptance. All material is guaranteed to be as specified All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications below involving extra costs wilt be executed only upon written orders, and will become an extra charge over and above the estimate. All agreanents contingent upon strikes, accidents 01 delays beyond our control Owner to carry fire. tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation insurance Note This proposal may be withdrawn by us if not accepted within thirty (30) days We hereby submit specifications and estimates as follows: Layne Inliner, LLC shall supply all equipment, materials and labor to perform the work as follows: DESCRIPTION QTY UNIT PRICE TOTAL Item #1 — Furnish/Install 15" C1PP Lining C7.5 mm) 669 LF 580.00 853,52000 Item #21 — Mobilization 1 LS 88,500.00 $8,500.00 Item #22 —Signs & Barricades 1 1 LS_ $2S0.00 8280-00 LS $10,035.00 S10,035.00 Item #21 — ripwotoring and Pipe Cleaning TOTAL S77,306.00 .NOTES: I _ Prnpocal based an pric;ng contained in a contract between Layne inliner, LLC and Polk County Bid No. 14- 227, Blanket PO#21402308. 2. This proposal is subject to pre -TV inspection by Layne inliner, LLC indicating the line conditions are acceptable for installation of inliner. 3. Payment based on actual footage from center of manhole to center of manhole. 4. Price quoted does not include point repairs if required prier to inctalling inliner. J. tt payment is not received within 30 days of invoice a 1.5% monthly [inane charge will be assessed on all outstanding balances. t n Signature Michel Cannon, P.F District Manager e, Acceptance of Proposal -- The above aPie �specifications d snand condition are satisfactory and are hereby accepted. You are authorized to do the work as spec Payment Date of Acceptance _ __ Authorized Signature 2531 Jewett Lane, Sanford, FL 32771 1 Office 407 472 0014 1 Fax 407 472 0097 ( a ,< . PURCHASE ORDER POLK COUNTY BOARD OF COUNTY COMMISSIONERS 330 WEST CHURCH STREET, ROOM 150 BARTOW, FL 33830 (863) 534-6757 PHONE (863) 534-6789 FAX Purchase Order No. 21402308 Revision 0 Page 1 of 1 This Purchase Order No. must appear on all invoices, packing lists, cartons and correspondence related to this order. VENDOR NUMBER: 1032422 LAYNE INLINER LLC 2531 JEWETT LN SANFORD FL 32771 ORDER DATE: 11 -APR -2014 13:45:41 REVISED DATE: REF: BILL TO Transportation Eng-Bill To PO Box 9005 Drawer TR01 Bartow, FL 33831 SHIP TO Transportation Engineering 3000 Sheffield Road Bldg # 30800 Winter Haven, FL 33880 PAYMENT TERMS Per FS 218.73 SHIP VIA Best Way F.O.B. Destination FREIGHT TERMS TBD BUYER Winton Spearman, Tammy LINE NO PART NO. / DESCRIPTION DELIVERY DATE QTY UOM UNIT PRICE LINE AMOUNT Special Instructions and Information to Vendor 1 Mail a separate invoice for each shipment. 2. No State Sales Tax shall be included in the price. 3. Send the onginal invoice to the "Bill To" address noted at the top of this PO. 4. The invoice shall separately list the items invoiced, quantities and unit prices 5. Terms and Conditions: Purchasina Policies & Procedures Websde PO TOTAL Consumer's Certificate of Exemption: 85-8012622308C-3 Federal Employer ID Number: 59-6000809 Federal Tax #: A-188238 Fran McIskill Budget & Procurement Director BID REGISTRATION You MUST register using this form in order to receive notice of any addenda to these documents. Please fax the completed form to the Procurement Division as soon as possible. It is the vendor's responsibility to verify if addenda have been issued. Bid Number and Title: Description: Receiving Period: Bid Opening: Mandatory pre -bid meeting Special Instructions: 14-227, Cured in Place Pipe (CIPP) Installations Provide the necessary labor, material, equipment and supervision to rehabilitate storm water pipes throughout Polk County by installation of CIPP. Wednesday, March 26, 2014, Prior to 2:00p.m. Wednesday, March 26, 2014, 2:00p.m. Tuesday, March 11, 2014 at 2:00 p.m. Annual Bid. This form is for bid registration only. Please scroll down for additional information. BIDDER REGISTRATION FAX THIS FORM BACK IMMEDIATELY FAX: (863) 534-6789 Carefully complete this form and mail or fax it to the Procurement Division. You must submit one form for each bid that you are registering for. Company Name: Contact Person: Mailing Address: City: State: Zip Code: Phone: Fax: E-mail: BID #14-227 Cured in Place Pipe (CIPP) Installations BID SHEET ADDENDUM #1 DATE: March 13, 2014 Sid Item a Total FDOT Item 11 Units Quantity Description Unit Prim in Figures Amount 1 0431 1 1 LF 200 Furnish & Inver 15" CIPP Unkrp (7.5 mm) $ 16,000.00 2 0431 1 1 LF 200 15" CIPP Thickness Variance 1 5 mm $050 $ 100 00 3 0431 1 1 , LF 300 Furnish & instil is- CIPP lining (9 mm) $85.00 $ 25,500.00 4 0431 1 1 LF 300 18" CIPP Thlcb+ws variance 1.5 mm 51.00 $ 300 00 5 0431 1 1 LF 200 Furnish E Install 24" CIPP Unkng (10.5 mm) . 595.00 $ 19,000.00 6 0431 1 1 LF 200 24• CIPP Thickness Variance 1 5 mm $200 $ 400 00 7 0431 1 2 LF 150 Furnish s Install 37 CIPP Lining (12 mm) $315.00 1 17,250.00 8 0431 1 2 LF 150 37 CIPP Thickness Variance 1.5 mm .50 $2 $ 375.00 9 0431 1 2 LF 150 Furnish J1, instal 38* CIPP umnp (15 mm) 5345.00 S 21,750 00 10 0431 1 2 LF 150 3r CIPP Thelma Varia nc. l .5 mm $3.00 $ 450.00 11 0431 1 2 LF 100 . Furnish b Instal 42' CIPP Lining (16.5 mm) S190.00 $ 19,000.00 12 0431 13 LF 100 4? CIPP Thtdoms Miriam. 1.5 mm $3.50 $ 350.00 13 0431 1 3 LF 100 Furnish & Install 48" CIPP Lining (19.5 mm) $23000 $ 23,000.00 14 0431 1 3 LF 100 4r CIPP Thiclams Variance 1.5 mm 54.00 $ 400.00 15 0431 1 4 LF 75 Furnish & Instal 54' CIPP Urine (27 mm) $365.00 $ 27,375.00 16 0431 1 4 LF 75 54' CIPP Thickness Variance 1.5 mm 55.00 $ 375.00 17 0431 1 4 LF 50 Furnish & tnslall e7 CIPP Lining (28.5 mm) $ 000 $ 23,000.00 18 0431 1 4 LF 50 e7 CIPP Thldmss vsrinoe 1.6 mm $550 $ 275.00 19 0431 1 5 LF 50 Furnish & Instal 7? CIPP Lining (33 mm) $61000 $ 30,500.00 20 0431 1 5 LF 50 7? CIPP Thickset' Widows 1.5 mm $6.00 $ 300.00 21 101-1 LS 1 MOBILIZATION alte speci • site specific* 22 102-1 i LS 1 M MAINTENANCE OF TRAFFIC site specific* site specific . 23 LS _ 1 . DEWATERING AND PIPE CLEANING site specific' site specific' TOTAL $ 225,700.00 'Pricing for bid tens at1. Mt end a27 shall be salkrmtsd by the two Contractors per inch Individual project as duscrlhsd In Suppisinadal Condition No. 4. Company Name: uYNE .LLC Paige 27-1 Cured in Piece Pipe (CIPP) Installations Bid 14-227 SIGNATURE ACKNOWLEDGEMENT (SUBMITTAL PAGE) To Polk County, a Political Subdivision of the State of Florida Date: IO' a .2-0/ I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same construction, service or material and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I have read and understand the bidding documents. I have completed and submitted all bid submittal forms, and I am authorized to sign this bid for the bidder. In submitting a bid to the County, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the County all rights, titles and interests in and to all causes of action it may now or hereafter acquire under the Anti -Trust Laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the County. At the County's discretion, such ass ent shall be made and become effective at the time the County tenders final paymp)t to the r. V x. .3/ 4-eldErr L_IE EN NAME MAILING ADDRESS j,¢ O-60 k CITY, STATE AND ZIP CODE 1107- If-iz .00'1/' (AREA CODE) TELEPHONE NUMBER 407- I/ 72 - oog9 (AREA CODE) FAX NUMBER RIZED IC#NATURE (MANUAL) rn,e -40- e ii- o'i NAME (TYPED OR PRINTED) TITLE (TYPED OR PRINTED) 777 - 2 4 3&71/ TOLL FREE NUMBER Ma0.1' N,E: edn - E-MAIL ADDRESS This bid may be used by any other Govemment Agency. [S [ ] NO [ ] N/A Revised 10,22/1012 28 POLK COUNTY CURED IN PLACE PIPE (CIPP) INSTALLATIONS BID NO. 14-227 SPECIAL CONDITIONS 10. BIDDER QUALIFICATIONS 1. Project Name: Owners: Project Manager: Telephone #: Contract Amount: 2. Project Name: Owners: Project Manager: Telephone #: Contract Amount: 3. Project Names: Owners: Project Manager: Telephone #: 4. Project Name: Owners: Project Manager: Telephone #: Contract Amount: 5. Project Name: Owners: Project Manager: Telephone #: Contract Amount: E5T09 FDOT District 5 Wilkes Kempf 407-482-7836 $645,227.59 E5Q59 FDOT District 5 Trevor Williams 407-482-7820 $382,069.00 Q13-542 - Bramblewood Drive and Q13-517 - Park Byrd. Road - $55,340.00 CQ13-374 - Carter Road - $85,635.00 Q14-057 - Greenleaf Circle - $22,134.00 Polk County Doug Gable 863-534-6715 Y8-1108-32 Term Contract for Storm Sewer Slip Lining Orange County Government, Florida Charlie West 321-354-7325 $8,845,831.00 Cecil Field, Airfield Drainage Rehabilitation Jacksonville Aviation Authority Art Waczkowski 904-573-1603 $759,275.00 2531 Jewett Lane, Sanford, FL 32771 I Office: 407.472.0014 1 Fax: 407 472 0097 j layne cam Cured in Place Pipe (CIPP) Installations Bid 14227 DRUG -FREE WORKPLACE FORM (SUBMITTAL PAGE) The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that a/a SSG/�6A5.., Li- C7-. does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation programs, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tonne of the statement and will notify the employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. m, aG, 20/4/ srr. irlfMferar Date Revised 1077/2072 29 Cured in Place Pips (CIPP) Installations Bid 14-227 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of �DiE%1 �lQ' {SUBMITTAL PAGE) County of 5'011 ag-)19 �� ) ad-x),AdA duly swom, deposes and says that: 1. , being first he Isl. I S1"pa(/ 1666 L41/i)6- l A)L/L)E4', L,! -e_ that has submitted the attached Bid; , the 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstance respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidders nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, inclucfing this affiant, has m any way colluded, conspired, connived or agreed, erectly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion of communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid of any other Bidder, or to fix any overhead, profit or cost element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the County 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 affient. Signed Title: /I7/GA L. �C,}a &4.1d c� GIST /tt e. Subscribed = sworn to before me this oUday of 0141 k alS4 , 20 /1 (Title) My Commission Nit JANET C. DIDONATO Notary Public - State of Florida • My Comm. Expires Sep 18, 2014 756 N. 8014 4 Through National Notary Assn. Revised 1022/1012 30 INSURANCE (SUBMITTAL PAGE) By signing below the Bidder is stating that they fully understand the Insurance requirements for the project and if awarded the bid will provide all insurance coverage as required In Bid 14- 1227, Cured in Place Pipe (CIPP) Installations. The requirements are as follows: • Bidder is insured with a company licensed to do business in the State of Florida • The insurance company is rated A VIII or better by A.M. Best Rating Company (Workers Compensation, General and Automobile policies) • Polk County will be named as an additional insured for general and automobile liability • The General Liability and Worker's Compensation policies will contain waiver of subrogation in favor of Polk County 1. yi) CjLi.)eX, L Le -- Company Name Rwfsud 1022/2012 32 SAFETY REQUIREMENTS/REGULATIONS 1. Alt Bidders are required to submit, with their Bid Proposal, the Safety Requirements/Regulations form. Any questions regarding compliance with the safety requirements/regulations provision shall be directed to the County Safety Officer, Risk Management, at (863) 534-5267. 1.1. The Contractor is responsible for observing all OSHA regulations and shall self - inspect to ensure this is accomplished. The Contractor shall ensure that all personnel are properly trained and shall be able to provide documentation for their personnel that have attended training courses. Examples of such training courses are: Hazard Communications, Traffic Work Zone Safety, Personal Protective Equipment, First Aid/CPR, Permit Required Confined Space, Lock out/Tag Out of Hazardous Energy. All contractors are required to comply with OSHA Standards regardless of the number of employees they may have. 1.2. A County representative may periodically monitor work site safety. Should there be safety and/or health violations, classified as Serious, Willful or Crimlal/Willful Violations, the County's representative may have the authority, but not the duty, to require the Contractor to correct the violation in an expeditious manner. Inspections shall be based on requirements contained in law. The definitions of serious, willful and criminal/willful violations are as follows: 1.2.1. Serious Violation: A serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation. 1.2.2. Willful Violation: May exist where evidence shows that the employer committed an intentional and knowino violation of the Act. 1.2.3. Criminal/Willful Violation: A repeat violation of a previously cited willful violation. 1.2.4. Violation of Serious, Willful or Criminal violation may have the following consequences: A. First violation: correction may be a verbal waming and the correction shall be done the same day. Written documentation may be maintained by the County. B. Second violation: may result in work stoppage until the violation is corrected. The work stoppage shall not entitle the Contractor to additional contract time or compensation. Liquidated damages provision will remain in full force and effect. C. Third violation: this may constitute a breach of contract for safety violations and may result in termination of the contract at the sole discretion of the County. Revised 10/2212012 33 Note: The County Safety Officer may stop any job to ensure the safety of all concemed. 1.3. Should the work site be in a hazardous area, the County shall furnish the Contractor with information concerning hazards such as types or identification of known toxic material, machine hazards, Material Safety Data Sheets, or any other information that would assist the Contractor in the planning of a safe work site. 1.4. The Contractor shall be aware that while working for the County, representatives from agencies such as the United States Department of Labor, Occupational Safety and Health Administration (OSHA), and the Division of Safety, State of Florida, are invitees and need not have warrants or permission to enter the work site. These agencies, as well as the County Safety Officer, enter at the pleasure of the County. 1.5. The Contractor shall designate a competent person of its organization whose duty shall be the prevention of accidents at the site. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the County. All communications to the superintendent shall be as binding as if given to the Contractor. Reviser! 1CY22/2O12 34 SAFETY REQUIREMENTS/REGULATIONS FORM Bidder must sign and have notarized: The undersigned bidder hereby certifies that they fully understand the safety requirements/regulation provisions and will comply. Dated this oaC1*day of 10,--641- 20 /41 Name of Firm L 41 ic _ JL/A)Ed., Li- a By ��L• ePP•0 4 - ism 44e Title of Person Signing SWORN TO AND SUBSCRIBED BEFORE ME This S1 day AIAN.1•4- ,20/14 Notary Public: My Commission Revised 1022,2012 (SEAL) JANET C. D1nnNATO Notary Public - State of Florida •= My Comm. Expires Sep 18 201, ia, a Commission # 0O 99.7 r °" p:0' Bonded Through Nala. ,a V, • 35 CHECKLIST FORM INCLUDED IN BID PACKAGE List of five (5) CIPP installation projects as specified herein [ es Signature Acknowledgement Oct* Drug -Free Work Place Form ElYes Non -collusion Affidavit of Prime Bidder (es Insurance Submittal Page ['es Safety Requirement Form o Bid Sheets es Revised 10422012 36