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Home My Public Portal AboutRFP Document PH1Jun. 5, 2013 Page 1 of 81 TOWN OF GULF STREAM INVITATION TO BID for TOWN OF GULF STREAM PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Project Number 2012/13-50 TOWN OF GULF STREAM (Town) 100 SEA ROAD, GULF STREAM, FLORIDA 33483-7427 Contact Person: Rite Taylor, Town Clerk, Phone: (561) 272-2074 THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS INVITATION TO BID AT 100 SEA ROAD ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE RESPONDENT. TOWN WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY THE UNITED STATES MAIL OR ANY OTHER DELIVERY SERVICE, OR CAUSED BY ANY OTHER OCCURRENCE. Jun. 5, 2013 Page 2 of 81 TABLE OF CONTENTS INVITATION TO BID ................................................................................................................................................ 1 SCOPE OF WORK ..................................................................................................................................................... 8 STANDARD TERMS AND CONDITIONS ............................................................................................................ 18 GENERAL INFORMATION ................................................................................................................................. 18 ORAL INSTRUCIONS .......................................................................................................................................... 18 COMMUNICATIONS ........................................................................................................................................... 19 ACCEPTANCE/REJECTION ................................................................................................................................ 19 BIDDER’S UNDERSTANDING ........................................................................................................................... 20 EXAMINATION OF BID DOCUMENTS AND SITE .......................................................................................... 20 LEGAL REQUIREMENTS .................................................................................................................................... 21 QUALIFICATION CRITERIA OF BIDDERS ....................................................................................................... 21 QUALIFICATION PROCEDURES ....................................................................................................................... 22 CERTIFICATION, LICENSES AND PERMITS ................................................................................................... 23 SUBCONTRACTING ............................................................................................................................................ 23 FEDERAL AND STATE TAX ............................................................................................................................... 23 EQUAL EMPLOYMENT OPPORTUNITIES ....................................................................................................... 23 CONFLICT OF INTEREST ................................................................................................................................... 24 BID PROPOSAL COST ......................................................................................................................................... 24 ERRORS/ERASURES/CORRECTIONS ............................................................................................................... 24 POSTING OF AWARD TABULATIONS ............................................................................................................. 24 CLARIFICATION/INTERPRETATION AND ADDENDA TO THE BID ........................................................... 24 SELECTION CRITERIA ..................................................................................................................................... 254 PROTEST PROCEDURE ....................................................................................................................................... 25 WARRANTIES ...................................................................................................................................................... 25 COSTS BORNE BY BIDDERS.............................................................................................................................. 25 MODIFICATION AND WITHDRAWAL OF BIDS ............................................................................................. 25 BID BONDS/DEPOSITS ....................................................................................................................................... 25 DEFINED TERMS ................................................................................................................................................. 26 EXHIBITS .............................................................................................................................................................. 26 GENERAL CONDITIONS ....................................................................................................................................... 27 SECTION 1 - DEFINITIONS ................................................................................................................................. 27 SECTION 2 - EXECUTION, CORRELATION AND INTENT OF DOCUMENTS ............................................. 30 SECTION 3 - DESIGN, PLANS AND INSTRUCTIONS ...................................................................................... 31 SECTION 4 - VERBAL AGREEMENTS .............................................................................................................. 31 SECTION 5 - ENGINEER’S STATUS ................................................................................................................... 31 SECTION 6 - COPIES OF DRAWINGS FURNISHED ......................................................................................... 31 SECTION 7 - SURVEY, PERMITS, REGULATIONS .......................................................................................... 31 SECTION 8 - CONTRACTOR’S UNDERSTANDING ......................................................................................... 32 SECTION 9 - SUBSOIL CONDITIONS ................................................................................................................ 32 SECTION 10 - SUPERINTENDENCE .................................................................................................................. 32 SECTION 11 - CONTRACTOR LIABLE AND RESPONSIBLE TO OWNER .................................................... 32 SECTION 12 - PROTECTION OF THE PUBLIC AND OF WORK AND PROPERTY ....................................... 33 SECTION 13 - INDEMNITY ................................................................................................................................. 33 SECTION 14 - INSURANCE ................................................................................................................................. 34 SECTION 15 - CHANGES IN WORK ................................................................................................................... 38 SECTION 16 - ROYALTIES AND PATENTS ...................................................................................................... 39 SECTION 17 - MATERIALS, APPLIANCES, EMPLOYEES .............................................................................. 39 SECTION 18 - LAND FOR WORK ....................................................................................................................... 40 SECTION 19 - CLEANING UP .............................................................................................................................. 40 Jun. 5, 2013 Page 3 of 81 SECTION 20 - OBSERVATION OF WORK ......................................................................................................... 40 SECTION 21 - DEDUCTIONS FOR UNCORRECTED WORK OR UNREPAIRED PROPERTY DAMAGES ............... 40 SECTION 22 - EXTENSION OF TIME ................................................................................................................. 40 SECTION 23 - DAMAGES .................................................................................................................................... 41 SECTION 24 - OWNER’S RIGHT TO WORK ...................................................................................................... 41 SECTION 25 - OWNER’S RIGHT TO TERMINATE CONTRACT ..................................................................... 41 SECTION 26 - REMOVAL OF EQUIPMENT ....................................................................................................... 43 SECTION 27- USE OF COMPLETED PORTIONS .............................................................................................. 43 SECTION 28 - ENGINEER’S DECISIONS ........................................................................................................... 43 SECTION 29 - PAYMENT PROCEDURE ............................................................................................................ 43 SECTION 30 - PAYMENTS WITHHELD PRIOR TO FINAL ACCEPTANCE OF WORK ................................ 44 SECTION 31 - CORRECTION OF WORK BEFORE FINAL PAYMENT ........................................................... 44 SECTION 32 - SUBMITTAL OF AS-BUILT RECORD DRAWINGS BEFORE FINAL PAYMENT .................... 44 SECTION 33 - LIQUIDATED DAMAGES ........................................................................................................... 45 SECTION 34 - LIENS ............................................................................................................................................. 46 SECTION 35 - ASSIGNMENT .............................................................................................................................. 46 SECTION 36 – PAYMENT AND PERFORMANCE BONDS .............................................................................. 46 SECTION 36A – SURETY COMPANIES ACCEPTABLE TO OWNER ............................................................. 47 SECTION 37 - GUARANTEE................................................................................................................................ 47 SECTION 38 - QUALIFICATION OF BIDDERS ................................................................................................. 48 SECTION 39 - SUBSTITUTION ........................................................................................................................... 48 SECTION 40 - DISPUTE RESOLUTION .............................................................................................................. 48 SECTION 41 - INSPECTOR GENERAL ............................................................................................................... 48 EXHIBITS EXHIBIT 1 - PROPOSAL……………………………………………………….………………………………P-1 EXHIBIT 2 - BIDDER'S BOND………………………………………….……………………………………BB-1 EXHIBIT 3 - SUBSTITUTION SHEET…………………………………..……………………………………SS-1 EXHIBIT 4 - SUBCONTRACTOR INFORMATION SHEET……………………………………………….. SI-1 EXHIBIT 5 - QUALIFICATION OF BIDDERS……………………………………...……………………….. Q-1 EXHIBIT 6 - LIST OF REFERENCES………………………………………………………...……………... R-1 EXHIBIT 7 - NON-COLLUSION AFFIDAVIT OF PRIME BIDDER………………………….………….NCA-1 EXHIBIT 8 - DRUG FREE WORKPLACE FORM …………………………………………………………..DF-1 EXHIBIT 9 - FLORIDA TRENCH SAFETY COMPLIANCE ………………………….……………………FT-1 EXHIBIT 10 - CONTRACTOR VERIFICATION FORM ………………………………….………………..CV-1 EXHIBIT 11 - AGREEMENT……………………………………………………………..…………………..CD-1 EXHIBIT 12 - PERFORMANCE BOND …………………………………………………...……………….PFB-1 EXHIBIT 13 - LABOR AND MATERIAL PAYMENT BOND…………………………………………….PYB-1 EXHIBIT 14 - AFFIDAVIT…………………………………………………………..………………………. AF-1 EXHIBIT 15 - FINAL/PARTIAL RELEASE OF LIEN……………………………………….…………… FPR-1 EXHIBIT 16 - CERTIFICATION OF CORRECT PREPARATION ……………………………………... CCP-1 Jun. 5, 2013 Page 4 of 81 ATTACHED CONSTRUCTION DETAILS AND SPECIFICATIONS BASE BID – ELECTRICAL UTILITY UNDERGROUNDING INITIATIVE Engineering Drawing CA-1 Cover Sheet Engineering Drawing CA-2 Notes and Legends Engineering Drawing CD-31 Conduit Plan Engineering Drawing CD-32 Conduit Plan Engineering Drawing CD-33 Conduit Plan Engineering Drawing CD-34 Conduit Plan Engineering Drawing CD-35 Conduit Plan Engineering Drawing CD-36 Conduit Plan Engineering Drawing CD-37 Conduit Plan Engineering Drawing CD-38 Conduit Plan Engineering Drawing CD-39 Conduit Plan Engineering Drawing CD-40 Conduit Plan Engineering Drawing CD-41 Conduit Plan Engineering Drawing CD-42 Conduit Plan Engineering Drawing CD-43 Conduit Plan Engineering Drawing CD-44 Conduit Plan Engineering Drawing CD-45 Conduit Plan Engineering Drawing D-1 Conduit Details Engineering Drawing D-2 Conduit Details BASE BID – FLORIDA POWER & LIGHT COMPANY PLANS FPL Drawing A05CK158 FPL Drawing A05CK159 FPL Drawing A05R53 FPL Drawing A05R73 FPL Drawing A05R115 FPL Drawing A05R149 FPL Drawing A05R160 FPL Drawing A05R161 FPL Drawing A05R162 FPL Drawing A05R163 FPL Drawing A05R164 FPL Drawing A05R167 FPL Drawing A05R167 FPL Drawing A05R168 FPL Drawing A05R169 FPL Drawing A05R170 FPL Drawing A05R171 FPL Drawing A05R172 FPL Drawing A05R173 FPL Drawing A05R174 FPL Drawing A05R175 FPL Drawing A05R176 FPL Drawing A05R177 FPL Drawing A05R178 FPL Drawing A05R179 Jun. 5, 2013 Page 5 of 81 FPL Drawing A05R180 FPL Drawing A05R181 FPL Drawing A05R182 FPL Drawing A05R183 FPL Drawing A05R184 FPL Drawing A05R185 FPL Drawing A05R186 FPL Drawing A05R187 FPL Drawing A05R188 FPL Drawing A05R189 FPL Drawing A05R190 FPL Drawing A05BV2 FPL REFERENCE DRAWINGS FPL Drawing A05CK116 FPL Drawing A05BP3 FPL Drawing A05BP6 FPL Drawing A05BP22 FPL Drawing A05BP30 FPL Drawing A05BR50 FPL Drawing A05BR71 BASE BID – COMCAST CONDUIT PLANS Cover Sheet Drawing C0 Construction Drawing C1 Construction Drawing C2 Construction Drawing C3 Construction Drawing C4 Construction Drawing C5 Construction Drawing C6 Construction Drawing C7 Construction Drawing C8 Construction Drawing C9 Construction Drawing C10 Construction Drawing C11 Construction Drawing C12 Construction Drawing C13 Construction Drawing C14 Construction Drawing C15 Construction Drawing C16 Construction Drawing C17 Construction Drawing C18 Construction Drawing C20 Specification Drawing CD1 BASE BID – AT&T CONDUIT PLANS Cover Sheet Drawing T0 Construction Drawing T1 Jun. 5, 2013 Page 6 of 81 Construction Drawing T2 Construction Drawing T3 Construction Drawing T4 Construction Drawing T5 Construction Drawing T6 Construction Drawing T7 Construction Drawing T8 Construction Drawing T9 Construction Drawing T10 Construction Drawing T11 Construction Drawing T12 Construction Drawing T13 Construction Drawing T16 Construction Drawing T18 Construction Drawing T19 Construction Drawing T20 Construction Drawing T21 Construction Drawing T22 Construction Drawing T23 Construction Drawing TD1 ADDITIVE ALTERNATE BID ITEM NO.1 – TOWN STREET LIGHTING IMPROVEMENTS Cover Sheet Drawing S0 Construction Drawing S1 Construction Drawing S2 Construction Drawing S3 Construction Drawing S4 Construction Drawing S5 Construction Drawing S6 Construction Drawing S7 Construction Drawing S8 Construction Drawing S9 Construction Drawing S10 Construction Drawing S11 Construction Drawing S12 Construction Drawing S13 Construction Drawing S14 Construction Drawing S15 Construction Drawing S16 Construction Drawing S17 Construction Drawing SD1 Jun. 5, 2013 Page 7 of 81 INVITATION TO BID TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE (The "Project") The Town of GULF STREAM, Florida, is accepting sealed bids for the following Town project: Phase One Utility Undergrounding Initiative, consisting of installation of conduits, utility underground lines, hand holes, cable pull boxes, concrete transformer pads, pad mounted transformers, pad mounted switches, pad mounted capacitors, and various other utility equipment and devices within the jurisdictional limits of the Town of Gulf Stream. This project will install Florida Power & Light Company (FPL) underground electric distribution facilities. Additionally, conduit facilities for Comcast, AT&T and other existing overhead communications providers will also be installed as part of this bid. Communications company cable and equipment will be installed by the respective companies and will not be included in this bid. Where non-FPL service lines exist, the conversion of these lines shall be included in the base bid and shall be compliant with all authorities having jurisdiction over such facilities In addition, the Town of Gulf Stream requests and will consider as part of the sealed bid, Alternate Bid Item No.1: Town Street Lighting Improvements, consisting of furnishing materials and labor for installing street light fixtures, poles, bases, conduits, wiring, controls, and appurtenances as required to install a complete functional system. Note that the submission of the additive alternate bid item #1 is a requirement for submission of a sealed bid for the Phase One Utility Undergrounding Initiative, and the absence of submission of an additive alternate bids will disqualify a sealed bid. The Town shall consider the base bid and the alternate bid item #1 together should it elect to include alternate bid item #1 in the award. The bidder must be an active approved Florida Power & Light Company underground distribution utility construction contractor qualified to install all FPL components. The bidder must be authorized to do business in the State of Florida as an underground utility contractor and be licensed in the State of Florida as such. Utilizing an approved FPL Contractor as a sub-contractor shall not qualify a bidder. Bid documents may be acquired from the Town of Gulf Stream at 100 Sea Road, Gulf Stream FL 33483, (561) 276-5116 (Town Clerk). The charge for plans and specifications is a non-refundable payment of Two hundred dollars ($200.00) per set. Complete sets of Bidding Documents must be used in preparing Bids. The Town of Gulf Stream assumes no responsibility for errors or misrepresentations resulting from the use of incomplete sets of Bid Documents. All sealed Bids must be delivered or mailed to: TOWN OF GULF STREAM Rita Taylor, Town Clerk 100 Sea Road Gulf Stream, Florida 33483-7427 Mail Address: 100 Sea Road Gulf Stream, FL 33475-7427 Time is of the essence and any bid received after Friday, July 16, 2013 at 2:00 PM, EDT whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the Town Hall. Bids shall be placed in a sealed envelope, marked in the lower left-hand corner with the bid number, title, date, and hour bids are schedule to be received. Bidders are responsible for ensuring that their Bid is stamped by Town personnel by the deadline indicated. A mandatory pre-bid meeting will be held on Tuesday July 9, 2013 at 9:00 am, EDT. The meeting will be held at the Town of Gulf Stream Town Hall located at 100 Sea Road, Gulf Stream, FL 33483. ENVELOPES CONTAINING BIDS MUST BE IDENTIFIED AS BID #2012/13-50. Bids shall be accompanied by a certified check, cashier’s check, or Bid Bond in an amount not less than 5% of Bid. PUBLISH: Sunday, June 9, 2013 and Sunday, June 16, 2013. Jun. 5, 2013 Page 8 of 81 SCOPE OF WORK TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Project Description: The Town of Gulf Stream, Florida (Town) is located in south Palm Beach County, Florida. The Town is a barrier island community. The Town has undertaken an initiative to underground all existing overhead electric and communication utilities within that portion of the Town’s municipal limits lying east if the intra-coastal waterway. Phase One will consist of the southern portion of this area and generally extends from Golfview Road south to Pelican Lane. Currently Florida Power & Light (FP&L), AT&T, and Comcast Communications Inc (Comcast) serve the Town. The Town has organized the initiative in six geographic sections. PHASE ONE is the fourth section. Within PHASE ONE there are no Comcast facilities to be converted. The AT&T facilities for conversion in this section are understood to consist of one road crossing and two residential services. The vast majority of these facilities are owned by FP& L. The Town is utilizing provisions of FP& L’s Electrical Tariff to install and construct an underground conduit and concrete structure system for the conversion of the overhead utility systems. One of the primary goals and objectives of the project is to minimize the disruption and inconvenience to the Town’s residents during construction. The Town and its residents are very sensitive to the work practices and construction methods that will be used by the Contractor during construction of PHASE ONE. The following represents key project elements, but does not include every detail. Contractor should read the entire document and all associated attachments to ensure all requirements are understood prior to bidding. The Contractor is responsible for familiarizing itself with existing field conditions and is encouraged to visit the project location. The term Engineer as referred to herein shall mean Danny P. Brannon PE, Project Manager, Town of Gulf Stream, Florida. This project calls for the installation of conduits, hand holes, pull boxes, feeder splices boxes, concrete transformer pads, concrete switch chambers, concrete capacitor bank pads, conduit caps, pull strings, and various other utility conduit system components within the jurisdictional limits of the Town, and as depicted on attached engineering drawing sheets as listed below: BASE BID – FLORIDA POWER & LIGHT COMPANY PLANS FPL Drawing A05CK158 FPL Drawing A05CK159 FPL Drawing A05R53 FPL Drawing A05R73 FPL Drawing A05R115 Jun. 5, 2013 Page 9 of 81 FPL Drawing A05R149 FPL Drawing A05R160 FPL Drawing A05R161 FPL Drawing A05R162 FPL Drawing A05R163 FPL Drawing A05R164 FPL Drawing A05R167 FPL Drawing A05R167 FPL Drawing A05R168 FPL Drawing A05R169 FPL Drawing A05R170 FPL Drawing A05R171 FPL Drawing A05R172 FPL Drawing A05R173 FPL Drawing A05R174 FPL Drawing A05R175 FPL Drawing A05R176 FPL Drawing A05R177 FPL Drawing A05R178 FPL Drawing A05R179 FPL Drawing A05R180 FPL Drawing A05R181 FPL Drawing A05R182 FPL Drawing A05R183 FPL Drawing A05R184 FPL Drawing A05R185 FPL Drawing A05R186 FPL Drawing A05R187 FPL Drawing A05R188 FPL Drawing A05R189 FPL Drawing A05R190 FPL Drawing A05BV2 FPL REFERENCE DRAWINGS FPL Drawing A05CK116 FPL Drawing A05BP3 FPL Drawing A05BP6 FPL Drawing A05BP22 FPL Drawing A05BP30 FPL Drawing A05BR50 FPL Drawing A05BR71 FPL Drawing A05BV2 BASE BID – COMCAST CONDUIT PLANS Cover Sheet Drawing C0 Construction Drawing C1 Construction Drawing C2 Construction Drawing C3 Jun. 5, 2013 Page 10 of 81 Construction Drawing C4 Construction Drawing C5 Construction Drawing C6 Construction Drawing C7 Construction Drawing C8 Construction Drawing C9 Construction Drawing C10 Construction Drawing C11 Construction Drawing C12 Construction Drawing C13 Construction Drawing C14 Construction Drawing C15 Construction Drawing C16 Construction Drawing C17 Construction Drawing C18 Construction Drawing C20 Specification Drawing CD1 BASE BID – AT&T CONDUIT PLANS Cover Sheet Drawing T0 Construction Drawing T1 Construction Drawing T2 Construction Drawing T3 Construction Drawing T4 Construction Drawing T5 Construction Drawing T6 Construction Drawing T7 Construction Drawing T8 Construction Drawing T9 Construction Drawing T10 Construction Drawing T11 Construction Drawing T12 Construction Drawing T13 Construction Drawing T16 Construction Drawing T18 Construction Drawing T19 Construction Drawing T20 Construction Drawing T21 Construction Drawing T22 Construction Drawing T23 Construction Drawing TD1 Additive Alternate Bid Item #. 1: Town Street Lighting Improvements, includes the installation of approximately 2 monument sign lights and 23 street lights and associated components as depicted on the following engineering drawings as listed below. Cover Sheet Drawing S0 Construction Drawing S1 Jun. 5, 2013 Page 11 of 81 Construction Drawing S2 Construction Drawing S3 Construction Drawing S4 Construction Drawing S5 Construction Drawing S6 Construction Drawing S7 Construction Drawing S8 Construction Drawing S9 Construction Drawing S10 Construction Drawing S11 Construction Drawing S12 Construction Drawing S13 Construction Drawing S14 Construction Drawing S15 Construction Drawing S16 Construction Drawing S17 Construction Drawing SD1 Relative to the installation of utility facilities as depicted on the project plans, any discrepancies between the base any of the various plan sets shall be brought to the attention of the engineer prior to contractor ordering materials, mobilizing resources, or installing facilities. An General Estimate of Facilities to be Installed: The Project Base Bid generally consists of installing the following: 1. Approximately 68591 feet primary voltage underground FPL cable. 2. Approximately 3 underground FPL Vista style pad mounted switch cabinets. 3. Approximately 54 FP&L underground pad mounted transformers. 4. Approximately 3 underground FPL feeder splice boxes. 5. Approximately 5900 feet of AT&T 2-4 inch conduit. 6. Approximately 2600 feet of AT&T 1-4 inch conduit 7. Approximately 10400 feet of various combinations of Comcast 2 inch conduits. 8. Approximately 12 overhead electric services to be converted to underground. The Additive Alternate Bid Item # 1: This work generally consists of installing approximately 24 street lights and 2 street sign monument lights including fixtures, poles, bases wiring circuits, hand-holes, controls, etc. as needed to provide a complete functional system. Twenty of the lights are along SR A1A and are direct burial type poles with decorative cobra head type fixtures. Four of the lights are post type scattered within the residential areas. Installation of FP&L cable and equipment and electric service conversions, include the installation of secondary voltage cable, pull boxes, hand-holes, phasing, fittings, testing and tie- in of existing underground primary and secondary lines as depicted on the FP&L engineering drawings as listed herein. Contractor will connect all existing underground services to the new facilities and render the underground system fully functional and acceptable to FP&L to facilitate the removal of the overhead facilities. Bidder shall be responsible for verifying all required Jun. 5, 2013 Page 12 of 81 system components and quantities for pricing the work. Current codes require that new underground communication conduits and services terminate at the electric meter location. Project Drawings are diagrammatic and do not depict every detail of the work required to install the complete functional system. Drawing distances are approximate and generally point to point and may not represent all bends, elevation changes, etc. Bidder's bid shall reflect the price to install the depicted facilities inclusive of all such items. Bidder shall be responsible for visiting the site as necessary to ensure site conditions are factored into its bid. This is a Lump Sum Bid. Bidders are responsible for delivering the completed facilities as depicted on the drawings and as discussed in this document. Bidder is responsible for completing the work for the bid price. The Town will work with bidders relative to scope changes such as adding or deleting facilities. However, this is not a unit price project and the Town will typically not compensate bidders for any additional costs due to equipment issues, rain time, scheduling problems, personnel problems, or other such occurances unless such costs are incurred at the Town’s request. Work Plan & Activities: Bidder shall, in its bid response, submit a comprehensive and defined “Work Plan”. This plan should detail the Contractors understanding of and compliance with all work requirements stated herein. The “Work Plan” should delineate by “Work Unit” the type of excavation method (directional boring, soft dig techniques, machine trenching, or manual trenching) that the bidder proposes to utilize in the completion of the Work. Utility provided materials are typically based on installation by Directional Bore/Horizontal Drilling techniques. Contractor shall be responsible for coordinating any material changes required for alternate installation methods. Bidder shall be responsible for all activities necessary to complete the work in a safe and timely manner including but limited to such activities as safety and traffic management; employee training; storage and transportation of materials, labor, and equipment; workforce supervision; material security; drug testing; environmental protection; progress meeting participation; notifications; construction; site restoration; inspections; documentation; and any other project requirements necessary to meet the project goals and objectives. Construction Plan and Methodology: Conduit shall be placed via any combination of directional boring, soft dig techniques, machine trenching, or manual trenching. Bidder shall determine the construction methods to be utilized to complete the work. As part of the pre-stated “Work Plan”, bidder shall provide a written depiction of the methods and resources to be used for approval by Town with its bid. Bidder shall remove rocks, stabilize, compact soil, and level all pre-cast concrete pad sites. Unless approved otherwise in advance by the Engineer, bidder shall be responsible for restoring all damaged landscaping to either equal or better condition. Engineer will have the authority to authorize the removal and replacement of landscape materials when necessary to complete the work, but maintains the authority to redirect and mitigate project and vegetative impact. Bidder shall not remove or damage any landscaping or hardscape without approval of the engineer. Work Site Access Restrictions: To the greatest extent possible, construction equipment and personnel shall access the work via North Ocean Boulevard and minimize travel on interior residential streets. Work Base: Bidder shall arrange for one or more off-site locations where material stocks will be held and equipment will be kept during idle times and during non-work hours. Such sites shall Jun. 5, 2013 Page 13 of 81 not be located within the limits of the Town of Gulf Stream unless approved by the Engineer. Bidder shall arrange for security as needed and shall be responsible for any costs associated with loss of materials or equipment. Bidder shall not establish temporary office or base of operations within the Town via an RV, mobile mini, or any other such portable facilities unless approved by the Engineer. Bidder shall remove all equipment from the Island at the end of each day unless prior approval is given by the Engineer. Quality: All Project work shall be completed in a craftsman like manner and shall be subject to the approvals of Florida Power & Light Company, Comcast Communications, AT&T, other involved utilities if any, and the Engineer. Conduit terminations at equipment pads, within pull boxes, and at the base of pole shall conform to the details provided in the drawings. The conduit terminations include the installation of conduit bends into splice boxes, pull boxes, equipment pads, and equipment chambers, including purposed and existing facilities. Where cables are not being installed, colored pull strings shall be used to distinguish FPL phasing in all FPL 2" Primary Cable conduits. Unless approved otherwise, red string shall be used for "A" Phase conduits, Yellow string for “C” phase conduits, and Blue string for "C" phase conduits. All other pull strings shall be a color other that red, yellow, or blue. All conduits shall be clean and free of obstructions and debris. All conduit ends shall be capped. Bidder shall be responsible for clearing or replacing any unusable or blocked, crimped, obstructed, or damaged conduits. Pads shall be level with no more than 1/4" variance from one side to the other with base soil compacted to 90% or above. Where located within 10 feet of property lines, equipment pads shall have one side parallel with the adjacent property line. Conduit depths shall conform to project requirements as provided on the drawings. Bidder shall provide record drawings indicating the location and depth of all facilities and any deviations from the design. The Town shall obtain a post construction survey to verify that the installation is built to plan, located within the associated "easements", and that the equipment pads/chambers/boxes are installed properly. A “punch list” of items requiring attention will be assembled by the Engineer and corrected by bidder in an expeditious fashion. Unless noted otherwise on the drawings, 1-2" secondary conduit shall be run to any pole within 40 feet of a transformer pad if that pole has a secondary riser existing. Such secondary conduits shall be terminated inside an existing service hand-hole if one exists. If no service hand-hole exists, such conduits will be terminated and a hand-hole installed at the pole. Unless approved otherwise by the Engineer, all HDPE conduit connections to HDPE or PVC conduit shall utilize FPL approved connectors. Materials: Florida Power & Light Company will provide all Project conduit, conduit couplings, conduit bends, splice boxes, pull boxes, equipment pads and equipment chambers necessary for the installation of those facilities to be installed for FP&L's use. Bidder shall be responsible for obtaining materials from FP&L. Bidder shall be responsible for the quantity and maintaining quality of the material obtained from FP&L. Bidder shall be responsible for obtaining and providing all non-FP&L provided materials including but not limited to AT&T materials and Comcast materials. Bidder shall be responsible for material storage and security. Bidder shall provide details for storage and security in bidder’s Work Plan. For the Additive Alternate Bid Item No. 1 the Bidder shall provide all materials required for installation of the proposed street lighting if awarded. Bidder shall submit shop drawings to the Engineer for review and approval prior to bidder procuring the materials. Bidder shall be responsible for material storage and security. Bidder shall provide details for storage and security Jun. 5, 2013 Page 14 of 81 in bidder’s Work Plan. Bidder shall provide required wind loading and foundation design calculations necessary for permitting. Street light poles and fixtures shall be as specified in the plans. Construction Resources: Bidder shall provide all labor and equipment necessary to complete the installation within a timely manner. Bidder shall provide details as to manpower and equipment to be dedicated to the project in its Work Plan. Bidder is responsible for making arrangements, obtaining and purchasing construction water services if required to complete the work. Survey Work: The Town shall provide all initial staking of conduit routes, box centerlines, and equipment pad centerlines as required for this installation. Bidder shall notify the Town in a timely manner to allow survey crews to be rescheduled and mobilized. The Town will have a staking crew on site to commence staking within 72 hours (three business days) after being notified by the contractor. Bidder will protect any and all survey work and replace any and all damaged survey work as required to complete his work. The Town shall provide survey crews to capture as-built survey data. Prior to a Completed Work Unit being accepted by the Town, the Bidder shall provide the necessary resources and make the facilities accessible to the Town’s surveyor for the creation of the as-built documents. Bidder will provide as-built survey crews with access to underground conduits via potholes or “Peep Pipes” or other means as approved by the Engineer when backfill requirements make it impractical to leave trenches open or conduit is installed via directional bore, and conduits are located in areas where use of “Peep Pipes” or Potholes is practical (not under water bodies, pavement, pavers, or other similar hardscape improvements). As-built survey data for conduit / pipe routes are to be taken at 50’ intervals along straight sections, changes in directions, commencement of a radius turns, completion of a radius turns, every 25 feet along a radius turn, and at termination points if not within pads, hand-holes, splice boxes, pull boxes, or switch chambers. As-built are to show the center line of all hand-holes, pull boxes, concrete pads, splice boxes, and switch chambers. Bidder shall supply bore logs and horizontal route data for all facilities installed by horizontal bore method. Landscaping: The Town will prepare the site in advance by removal or relocation of vegetation in the areas to be occupied by equipment pads, splice boxes, and the associated clear areas for future operating activities as indicated on the construction plans or shown on the approved bidder’s Work Plan. Other areas of the route will not be cleared or otherwise disturbed without prior approval of the Engineer. Approved locations by the Engineer for trenching, boring pits, and other such temporarily disturbed areas as indicated on the construction plans or shown on the approved bidder’s Work Plan shall be restored to post prep / original conditions or better including all aspects such as grade, paving, irrigation, grass, shrubs, trees, and structures by bidder. Bidder will be responsible for all landscaping damaged as a result of bidder’s actions. The Engineer shall approve all repairs in advance of bidder performing any landscape repairs. Traffic Control & Maintenance of Traffic: Bidder shall as part of its “Work Plan” submittal, provide a traffic management plan to the Town. Upon notice to proceed, bidder shall submit to the authority having jurisdiction over the roadway a maintenance of traffic plan in accordance with permitting requirements. Town Public Safety shall determine when traffic Jun. 5, 2013 Page 15 of 81 officers are required and provide all such services. The Town shall be responsible for costs associated with providing required traffic officer services. Unless approved by Town, on a case by case basis, the Bidder my not block the flow of traffic simultaneously on parallel adjacent roads. The Bidder shall use Town approved detour routes in order to maintain traffic flow. Underground Locates: Bidder shall request locates in advance of digging or boring as prescribed for by Florida Law. Water System Repairs: Delays to construction due to damage to water utility lines shall not be deemed qualified for extensions of contract time or change order as defined herein. Any and all repairs to utility lines necessitated by construction under this contract shall be paid for by the bidder and shall be inclusive in the Base Bid. Permitting &Licenses: Bidder shall secure all work permits and licenses required for completing the Project work. Bidder will obtain the necessary FDOT, Palm Beach County, Delray Beach, and Town construction/work permits. Town and the respective utilities will secure the required FDOT facility permits. Completed Work Inspections and Acceptance: Bidder shall schedule Project inspections 48 hours / 2 business days in advance with FP&L and the Town. Bidder shall coordinate with FPL to have all completed work inspected and accepted in writing by the FPL inspector. Bidder will secure such acceptance in writing for Completed Work Units prior to obtaining approval and acceptance from the Town, and prior to issuance of a pay request being released for progress payment. Bidder will notify the Engineer in advance of scheduled FPL inspections as to the work to be inspected and the scheduled time. As-built survey data for each work unit shall be obtained prior to Town’s acceptance. Professional Behavior: Bidder and its employees, associates, and sub-contractors shall maintain a professional conservative posture not engaging in childish behavior, yelling, loud music, or other such activities. Bidder's employees shall not leave trash or other discarded items on the work site. In the event complaints arise, bidder shall be obligated to immediately remove such offending employees from the project if requested to do so by the Engineer. Bidder's employees shall not trespass on private property unless necessary to complete the work. Site Cleanup: Bidder shall remove all debris and unused or discarded materials from the work site daily. Bidder shall clean the work site to remove all directional drilling "Driller's Mud" materials. No "Driller's Mud" residue shall be allowed to remain in the soil or on the surface of the land or vegetation. All debris and drilling materials must be disposed of off site at an approved location. Respect for Residents and Their Property: Bidder shall notify and obtain permission from the residents 24 hours in advance when planning to work within the resident's property. In addition, bidder shall notify the resident prior to entering their property to perform work or inspect/ investigate the work site. Bidder shall not block residents driveways unnecessarily. Jun. 5, 2013 Page 16 of 81 Bidder shall not park equipment on landscaped areas when the vehicle is not needed for the current construction activities. Bidder shall be responsible for repair and/or replacement of all damaged landscaping within 48 hours including repairing vehicle wheel impressions, irrigation systems, lighting systems, structures, or any other items of resident's property. Bidder shall not destroy, damage, remove, or otherwise negatively impact any landscaping within or outside the right-of-way without prior approval from the Engineer. Hours & Schedule of Work: Due to the traffic congestion and confined space on Gulf Stream, bidder is required to vacate Gulf Stream during certain times to maintain community harmony. Bidder shall be allowed to be on Gulf Stream between the hours of 7:30AM and 6:30 PM, Monday through Friday. Bidder shall not come onto Gulf Stream prior to the stated hours, and shall be off Gulf Stream no later than the stated hours. Bidder shall vacate Gulf Stream durring Legal Holidays. Should special circumstances arise, bidder may request extended hours or Saturday work. Such requests shall be made at least 24 hours in advance of the date on which the extension is to apply. The Engineer will be authorized to evaluate such requests and grant the request if deemed in the best interest of all parties. Restroom Facilities: Bidder shall provide portable portalet type facilities for employee's use at a location within the work site to be determined by the Town. Employees shall not relieve themselves at any other place within the Town Limits. Progress Meetings: Weekly Status meetings will be conducted with representatives from the Town, FPL and the bidder. Bidder shall budget time to participate in such meetings. A well run Project should result in short meetings. Issue Resolution: Should bidder become engaged in a dispute with a resident or a Town employee/contractor, bidder shall report the situation to the Engineer immediately. It shall be mandatory that the Town participate in any dispute resolution. Failure of bidder personnel to notify the Town shall obligate bidder to replace the offending employee immediately if requested by the Town. Town Security: Prior to commencing work, bidder shall provide to the Town Public Safety Department a list of all personnel and sub-contractors on site. The list will include the name, address, birth date and driver’s license number for all personnel.. All personnel and sub- contractors on site will have on their person a company photo ID during all stages of the construction. Bidder shall provide standard required personal information per current Town procedures. Bidder agrees to perform criminal background checks and provide the Town with the resulting information. Bidder shall provide this information prior to commencement of the project and at no additional cost to the Town. Post-Construction Survey: The Town shall obtain a post construction survey to verify that the installation is within the associated easements and the equipment pads and other facilities are installed properly. Jun. 5, 2013 Page 17 of 81 Key Personnel: Bidder shall provide as part of the Work Plan, resumes for all key project personnel providing supervision and project management functions. Resumes shall include work history and years of experience performing this type work. Bidder’s onsite superintendent shall be knowledgeable and experienced in such overhead to underground conversion work. Licenses and Insurance: Bidder shall provide copies of all required licenses, insurance, bonds, and other certificates as required within the provisions of this document. Jun. 5, 2013 Page 18 of 81 STANDARD TERMS AND CONDITIONS TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE GENERAL INFORMATION The original and one (1) copy of your sealed bid must be submitted to the Town at the time and date specified herein. At the designated time and place, the Town Manager or designee will publicly open the bids. These documents constitute the complete set of specification requirements and bid forms. It is the responsibility of the bidder to insure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Rita Taylor (Town Clerk). ALL BID PROPOSALS MUST BE SUBMITTED ON THE PROVIDED INVITATION FOR BID “PROPOSALS” FORM. BID PROPOSALS ON BIDDER/CONTRACTOR LETTERHEAD/QUOTATION FORMS WILL NOT BE ACCEPTED. All bid proposals must be typed or written in ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. SIGNATURES ARE REQUIRED WHERE INDICATED, FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF BID. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. Time is of the essence and any bid received after Friday, July 16, 2013 at 2:00 PM, EST, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the office of the Town, 100 Sea Road, Gulf Stream, Florida. Bids shall be placed in a sealed envelope, marked in the lower left-hand corner with the bid number, title, and date and hour bids are scheduled to be received. Bidders are responsible for insuring that their bid is stamped by Town personnel by the deadline indicated. The Town shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile shall not be accepted. For information concerning this bid, please contact: TOWN OF GULF STREAM Rita Taylor, Town Clerk 100 Sea Road Gulf Stream, Florida 33483-7427 ORAL INSTRUCTIONS No negotiations, decisions or actions shall be initiated or executed by a bidder as a result of any oral discussions with the Engineer or the Town. Only those communications, which are in writing from the Town, shall be considered as a duly authorized expression on behalf of the Town. The Town will forward to all bidders in receipt of the Invitation to Bid, written responses of the Town to a bidder's question in the form of addenda. Jun. 5, 2013 Page 19 of 81 Also, only written communications from bidders, which are signed by persons who are authorized to contractually bind the bidders, will be recognized by the Town as duly authorized expressions on behalf of the bidders. Any questions arising from this Invitation to Bid must be forwarded in writing to Rita Taylor Town Clerk, at the address indicated above. In order for technical questions to be answered in a timely manner, they must be received no later than seven (7) calendar days prior to the date set for receipt of the bids. COMMUNICATIONS Communications between any Bidder and any employee of the Town or Town's representative are strictly prohibited from the date of the Invitation to Bid distribution through the opening of the Bids. The only exceptions to this are: (1) written requests regarding information or clarification made to Rita Taylor Town Clerk; (2) any communications at a publicly noticed meeting of the Town; or (3) written and oral Contract negotiations with the Town or its designated representative. Any violation of the requirements set forth in this section shall constitute grounds for immediate and permanent disqualification of the offending Bidder. ACCEPTANCE / REJECTION The Town reserves the right to accept or to reject any or all Project bids, in whole or in part, and make the award to the bidder, who in the opinion of the Town will be in the best interest of and/or the most advantageous to the Town and to waive any informality in any Project proposal. Additionally, Project proposals may be considered irregular and may be rejected if the proposal or Responsive Bid or Bidder, in the opinion of the Engineer: (1) does not strictly conform to the requirements of the bid, standard terms and conditions, or general conditions; (2) shows omissions; (3) bid form is altered; (4) additions are added which were not called for; (5) is conditional; (6) the lump sum or unit prices are, in the opinion of the Town, unbalanced either in excess or below the reasonable cost analysis values; (7) abandonment of the project; (8) bids are over the approved budget for the project, (9) the Work Plan does not conform to the standard of this invitation, and (10) the mandatory pre-bid meeting was not attended. The Town also reserves the right to reject the bid of any bidder who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The Town reserves the right to inspect all facilities and check all references of bidders in order to make a determination as to the foregoing. The Town reserves the right to waive any irregularities and technicalities and may, at it’s discretion, request a re-bid. Submission of Alternate Bid Item #1 is a requirement for submission of a Base Bid. The Town reserves the right, but is not obligated, to consider any Additive Alternate Bid Items submitted in determination of which Project bidder will be in the best interest and/or the most advantageous to the Town. Award of a Base Bid to a bidder does not obligate the Town to accept any Additive Alternate Bid Items or undertake the Additive Alternate Bid Item projects with the bidder. Notwithstanding the award of the Base Bid to a bidder which submitted Additive Alternate Bid Items, the Town retains the right to utilize other contractors for Additive Alternate Bid Items or otherwise re-bid the Additive Alternate Bid Item projects. Should the Town desire to include and award any Alternate Bid items, the Base Bid Price and the selected Alternate Bid Item Prices shall be combined in the evaluation process. Jun. 5, 2013 Page 20 of 81 BIDDER’S UNDERSTANDING Bidders shall make all investigations necessary to thoroughly inform themselves regarding the bid, including visiting the work site to ascertain by inspection pertinent local conditions such as location, character and accessibility of the site, availability of facilities, location and character of existing work within or adjacent thereto, labor conditions, surface and subsurface conditions, etc. The Town shall make available to all prospective bidders, prior to the receipt of bids, any available information that may be requested by bidders. Any such data will be distributed to all prospective bidders as the best factual information available, without presumption of responsibility for its accuracy or for any conclusions that the bidder may draw therefrom. The bidder shall accept the site or sites in their present condition. EXAMINATION OF BID DOCUMENTS AND SITE 1. Before submitting a bid, it is the responsibility of each bidder: (a) To examine thoroughly the Bid Documents and other related data identified in the Bid Documents; (b) To become fully informed as to any other work in the area, including possible interference from other site activities; (c) To visit the Project Site (if so desired by the bidder) to become familiar with and satisfy bidder as to the general, local and Site conditions that may affect cost, progress, performance, or furnishing of the Work; (d) To consider Federal, State, and local laws and regulations that may affect cost, progress, performance or furnishing of the Work (bidder’s failure to become familiar with applicable laws, ordinances, rules and regulations will in no way relieve the bidder from the responsibility included in the applicable laws); (e) To study and carefully correlate bidder’s knowledge and observations with the Bid Documents and such other related data; and (f) To promptly notify the Town of all conflicts, errors, ambiguities or discrepancies which bidder has discovered in or between the Bid Documents and such other related documents. 2. Before submitting a bid each bidder is responsible for obtaining, at its own expense, additional examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous 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 or procedures of Construction to be employed by bidder and safety precautions and programs incident thereto or performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Bid Documents. Jun. 5, 2013 Page 21 of 81 LEGAL REQUIREMENTS Federal, State, County and local 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. 1. In compliance with Florida Statute (Section 287.087), attached form “Drug-Free Workplace Certification” should be fully executed and submitted with bid response. 2. The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the awarded bidder/contractor and Town for any terms and conditions not specifically stated in the Invitation for Bid. 3. The obligations of the Town under this award are subject to the availability of funds lawfully appropriated for its purpose. 4. This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence will be the agreement between the Successful Bidder and Town, bid document (original Terms and Conditions), and Successful Bidder's response. Any and all legal action necessary to enforce the award will be held in the state circuit court located in Palm Beach County, Florida, and the contractual obligations will be interpreted according to the laws of Florida. QUALIFICATION CRITERIA OF BIDDERS To demonstrate qualifications to perform the Work, Bidder must submit with the Bid detailed written evidence to support experience/qualification claims. To participate in the Bid process for a specific field or area of Construction based on the Bidder’s area of license or certification, each Bidder must satisfy the following: 1. The Bidder must be an active approved Florida Power &Light Company underground distribution utility construction contractor approved for the installation of Distribution conduit, cable and equipment. FP&L shall provide a current list of all current active underground distribution contractors which will be used by the Town for verification. It will be the bidder's responsibility to verify that he is included on Florida Power & Light Company's list prior to submitting his bid. Use of an FPL approved contractor as a sub-contractor will not qualify the bidder as an approved FPL contractor. 2. The Bidder must submit a detailed “Work Plan” as detailed and defined herein. 3. The Bidder must agree to perform no less than fifty percent (50%) of the Project management and Construction work utilizing its own full-time, not leased, or sub-contracted employees. 4. Where required by the solicitation documents, the Bidder must provide substantiation for specific expertise and experience needed to perform various aspects of the Project. 5. Unless waived by Town, the Bidder must agree to establish or maintain an active office, or an ongoing project, within 60 (sixty) road miles of the Project Site. Jun. 5, 2013 Page 22 of 81 6. The Bidder must agree to provide full time on-site field supervision (through a named Superintendent). The superintendent shall have the expertise to oversee and direct all aspects of the work including all conduit, cable and equipment aspects. In addition, the Bidder shall assign a named and qualified employee to provide scheduling direction to the entire Project. Supervisory employees (including field Superintendents, foremen and schedulers, at all levels) must have been employed in a supervisory (leadership) capacity of a substantially equivalent level on a similar project for at least two (2) years within the last five (5) years. 7. Within two (2) working days of being notified as the highest rated responsive, responsible and qualified bidder, the bidder must provide evidence of its ability to provide the necessary performance and payment bonds for the Project by providing a letter of intent, to provide a one hundred percent (100%) Performance Bond and a one hundred percent (100%) Payment Bond from a Surety Company authorized to do business in the State of Florida by the Department of Insurance, and meeting the financial and performance rating required by the Bid Documents. Sub-consultant(s) are not required to satisfy this criteria. Total Bid Prices of less than $100,000 may qualify as a waiver of bond requirements. 8. A newly established firm which has not worked on a project in Palm Beach County in the past two (2) years, must provide two (2) letters of recommendation from either agencies or firms with direct knowledge of the bidder firm’s key personnel and work performance. The recommendation letters must contain sufficient detail to assist Town in determining if the bidder is qualified. 9. The bidder must be authorized to do business in the State of Florida as an underground utility contractor and be licensed in the State of Florida as such. 10. Submittal of a bid for the Project by a bidder indicates agreement and/or satisfaction of these Qualification Criteria. 11. If an Alternate Bid Item is submitted by the successful bidder and the Alternate Bid Item is awarded by the Town, the Alternate Bid Item shall be included within the definition of Project for purposes of the post-award provisions of the Bid Documents. QUALIFICATION PROCEDURES 1. If proof of correction is received on or before the deadline for submitted bids, a bidder will be permitted to correct any Qualification Criteria deficiencies. 2. If a bidder fails to provide evidence to satisfy the Qualification Criteria, including failure to submit a complete Work Plan, the response by such bidder will be considered non-responsive. 3. The bidder determined by the Town to have submitted the highest rated responsive bid must have completed and submitted the above-required Qualification Criteria information on or before the deadline for submitted bids, unless otherwise required by the Qualification Criteria or the Bid Documents. 4. After the bid due date, and prior to Contract execution, the Town reserves the right to perform or to have performed, an on-site review of the bidder’s facilities and qualifications. This review will serve to verify data and representations submitted by the bidder and may be used to determine whether the bidder has adequate facilities, equipment, qualified and experienced staff, Jun. 5, 2013 Page 23 of 81 and overall management capabilities to perform the required Work. This review may also serve to verify whether the bidder has the financial capability to meet all of the Contract requirements. 5. The Town will evaluate all data submitted and determine within three (3) weeks after opening of the sealed bids, whether the firm is a qualified bidder. Should the bidder be judged unqualified, its bid will be rejected, and the bidder submitting the next highest rated responsive bid will be considered. CERTIFICATION, LICENSES AND PERMITS Bidder shall obtain and provide copies of all licenses, certifications and/or permits that qualify it to perform the Work. SUBCONTRACTING If bidder subcontracts any portion of the Project for any reason, bidder must submit the “Subcontractor Information Statement” attached as Exhibit 4, which will become a part of the Contract Documents. Subcontractors listed on the Subcontractor Information Statement shall be properly certified or licensed with the State of Florida and shall be qualified both technically and financially to perform the Work. The Town reserves the right to reject at any time any subcontractor which is deemed unacceptable technically or financially, or which has previously performed unsatisfactory work for the Town. The bidder shall not replace or substitute any of the listed subcontractors without written advance approval from the Town. The bidder must observe industry standards and ethics when proposing individuals currently utilized on other projects. The Town’s acceptance of any substituted subcontractor may be revoked on the basis of reasonable objection after due investigation, in which case the bidder shall submit an acceptable substitute. No acceptance by the Town of any such subcontractor shall constitute a waiver of any right of the Town to reject defective work or waive any other requirements included herein. FEDERAL AND STATE TAX The Town is exempt from Federal Tax and State Tax for Tangible Personal Property. The Town Manager or his designee will sign an exemption certificate submitted by the successful bidder. Vendors or contractors doing business with Town shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the Town, nor shall any Vendor/Contractor be authorized to use the Town’s Tax Exemption Number in securing such materials. Any materials provided by the Town that were originally included in the bidder's price shall be deducted from the original bid price including applicable sales taxes and distributor markups. Sales taxes shall be understood to be 6 percent of the Town's cost.. EQUAL EMPLOYMENT OPPORTUNITIES The Town prohibits discrimination on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., the Florida Civil Rights Act of 1992, as amended, § 760.10 et seq., Fla. Stat. (1996), and other Federal and state discrimination statutes. The Town notifies all bidders and individuals that it requires and encourages equal employment opportunities for minorities and women. Jun. 5, 2013 Page 24 of 81 CONFLICT OF INTEREST The award hereunder is subject to provisions of State Statutes, County and Municipal Ordinances. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of Town. Further, all bidders must disclose the name of any Town employee or council member who owns, directly or indirectly, interest of ten percent (10%) or more in the bidder’s firm or any of its branches. Bidder must disclose the names of any Town employees or officers that would benefit as suppliers of materials or services. BID PROPOSAL COST Bidder warrants by virtue of bidding that prices shall remain firm and subject to acceptance for a period of one hundred twenty (120) days from the date of bid opening. ERRORS/ERASURES/CORRECTIONS BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER. In the event of extension error(s) on unit price bids, the unit price will prevail and the bidder’s total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail will prevail on unit price bids, and the bidder’s total will be corrected accordingly. For lump sum bids, the Total Lump Sum Bid Price shall prevail. POSTING OF AWARD TABULATIONS The bids will be posted at the Town after they are opened, and will remain posted for a period of five (5) calendar days. Bidders desiring a copy of the bid tabulation of the Invitation for Bid may request same by enclosing a note to that effect and a self-addressed, stamped envelope with their bid. CLARIFICATION/INTERPRETATION AND ADDENDA TO THE BID No interpretation or changes to the meaning of the Invitation to Bid will be made to any bidder orally, except by written addendum. All questions regarding the Bid Documents and the Project should be submitted in writing and must be received no later than five (5) calendar days prior to the closing date for bid submittal, addressed to: TOWN OF GULF STREAM Rita Taylor, Town Clerk 100 Sea Road Gulf Stream, Florida 33483-7427 All questions that change the scope of work or alter the contents of these documents will be answered via addendum. SELECTION CRITERIA Bidder's proposal will be rated according to the following aspects with the corresponding weights for each. If an award is made, it will be made to the Bidder scoring the highest rating. Jun. 5, 2013 Page 25 of 81 Criteria Weight OH to UG Utility Conversion Experience 15% Resources 10% Reference Ratings 10% Bid Amount (Base + Selected Alternates If Any) 65% Total 100% PROTEST PROCEDURE Any qualified bidder may file a written protest with the Clerk of the Town within seventy-two (72) hours, excluding Saturdays, Sundays and legal holidays, after receipt of the Invitation to Bid, if the protest is directed towards the Invitation to Bid, or within seventy-two (72) hours after the posting of the opened bids if protesting the bids or within seventy two (72) hours after award of the bid, if protesting award of the bid. Failure to comply with these requirements shall constitute a waiver of any right to initiate any protest proceedings regarding the bid process and award. A protest bond in the amount of the protested bid will be required for any protest. The protest bond must meet the same surety requirements as those required for the Payment and Performance Bonds, as indicated herein whether or not the waiver qualifications are met.. If the protest bond is not posted with the protest, the protest shall be invalid. An explanation of the reasons/basis for the protest must accompany the protest, or be provided to the Town no later than five (5) business days after the date of the filing of the protest. WARRANTIES Bidder shall be required to provide a written one (1) year warranty covering all equipment, materials, and labor provided. If required, as specified elsewhere in these documents, bidder shall furnish to the Town a surety or performance bond in the amount of 100% of the contract value at time of signing contract, if the bid qualifies as above. COSTS BORNE BY BIDDERS All costs of complying with the Qualification Criteria, and preparation and submission of bids in response to the Bid Documents are to be borne by the bidder, with no cost to the Town. MODIFICATION AND WITHDRAWAL OF BIDS At any time prior to the opening of bids, a bidder may modify or withdraw any bid it has submitted by written request duly executed (in the manner that a bid must be executed) and delivered to the place where bids are to be submitted. BID BONDS/DEPOSITS Each bid must be accompanied by a Bid Bond or deposit in a sum of not less than five percent (5%) of the sum of the Bid and any Alternate Bid(s) contained in the Bidder’s Proposal for the Work ("Bid Guaranty"). Bid Bonds or deposits amounting to less than one hundred dollars ($100.00) need not be submitted. All checks should be made payable to the Town. If the successful bidder fails to deliver as indicated in the Invitation to Bid, does not conform to specifications or fails to perform as agreed upon, the Town shall be entitled to retain the deposit to rectify the bidder’s unacceptable performance. The only types of acceptable surety will be: Jun. 5, 2013 Page 26 of 81 1. Bid Bond signed by a surety company authorized to do business in the State of Florida. 2. Cashier Check. 3. Certified Check drawn on a responsible financial institution. 4. U.S. Postal Money Order. The Town reserves the right to hold the bid guaranty of the three (3) lowest bidders until the contract is properly executed. Bid deposits of other unsuccessful bidders will be returned after award of the contract. DEFINED TERMS Failure to capitalize any defined term in the Contract Documents shall not change the meaning of the defined term when used in the Contract Documents. EXHIBITS INDEX Exhibit 1 – Proposal by Bidder Exhibit 2 – Bidder's Bond Exhibit 3 – Substitution Sheet Exhibit 4 – Subcontractor Information Statement Exhibit 5 – Qualification of Bidders Exhibit 6 – List of References Exhibit 7 – Non-Collusion Affidavit of Prime Bidder Exhibit 8 – Drug Free Workplace form Exhibit 9 – Florida Trench Safety Compliance Exhibit 10 – Bidder Verification Form Exhibit 11 – Agreement Exhibit 12 – Performance Bond Exhibit 13 – Labor And Material Payment Bond Exhibit 14 – Affidavit Exhibit 15 – Final/Partial Release of Lien Exhibit 16 – Certification of Correct Preparation Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 16 are to be provided with a Bid. END OF STANDARD TERMS AND CONDITIONS Jun. 5, 2013 Page 27 of 81 GENERAL CONDITIONS The following general conditions, Section 1 through Section 40 (collectively, the “General Conditions”) will be included in any contract entered into with a successful bidder. The Town reserves the right to amend these general conditions prior to entry into a contract with the successful bidder. SECTION 1 - DEFINITIONS The “Town,” the “Contractor,” and the “Engineer” mentioned as such in the Agreement, are treated throughout the Contract as if each were of the singular number and masculine gender. Addenda - Written or graphic instruments issued by the Town prior to the execution of the Contract which modify or interpret the Bid Documents by additions, deletions, clarifications, corrections or other type of modifications. Addenda will become part of the Contract Documents when the Contract is executed. Bidders, upon receiving addenda, shall insert same into the Contract Documents. Additive Alternate Bid Item – The sum stated for alternate work which may be and become part of the Contract, or not awarded at the sole discretion of the Town. Base Bid - The sum stated in the Bid for which the Bidder offers to perform the Work described in the Bid Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. Bid or Proposal - The complete and properly signed offer or Proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bid Guaranty - The security furnished by the Bidder with the Bid, amounting to five percent (5%) of the Total Bid Price. Bidder - One who submits a Bid directly to the Town as distinct from sub-Bidder, who submits a Bid to a Bidder. Bid Documents - The Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). Bid Form - The form containing the Bidder’s Bid for the Work. Change Order - A written order issued by the Town or Contractor and accepted by the Town covering minor changes in the Plans, Specifications or Work, within the scope of Contract. Change Order Amount - A Contract Price adjustment amount based on extended Unit Prices as provided herein where applicable for work deleted or added to the scope of work where applicable units are provided. Where unit prices are not applicable, amounts shall be as approved by the Engineer. Completed Work Unit - An accepted run of cable, pipe or directional bore / trench for a completed specific run of conduit or pipe including all associated materials, specification Jun. 5, 2013 Page 28 of 81 requirements and structures between established termination points, valves, concrete pads, poles, splice boxes, pull boxes or switches chambers. Based upon Completed Work Inspections and Acceptance Scope of Work. Construction - The process of building, altering, repairing, improving or demolishing any structure or building, or other improvement of any kind to any real property, as required by the Bidding and Contract Documents. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property. Contract - The written agreement between the Town and the Contractor shall include all bid document requirements, setting forth the obligations of the parties thereto including, but not limited to, the performance of the Work, the furnishing of labor and Materials, and the basis of payment. Contract Documents - The Contract, Addenda (which pertain to the Contract Documents), Contractor’s Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award), the Notice to Proceed, the Performance and Payment Bonds, the Specifications, the Plans, Insurance Requirements, Standard Terms and Conditions, Special Conditions, General Conditions, Supplementary Conditions, Technical Specifications, and any Supplemental Agreements required to complete the Construction of the Project. In the event of conflict in the Contract Documents, the governing order shall be as follows: A. Agreement and Payment and Performance Bonds B. Bid Blank C. Plans and Specifications D. Contractor's Bid Contract Price - The money payable by the Town to the Contractor for completion of the Work in accordance with the Contract Documents. Contract Time - The number of Calendar Days allowed for substantial and final completion of the Work including authorized time extensions. Note: Legal Holidays that fall within Monday – Friday will not be included as Contract Time. For each Legal Holiday that the Contractor is precluded from working, an additional day will be added to the number of Calendar days allowed for completion. Contractor - The Bidder who is awarded the Contract and with whom the Town has entered into the Contract. Engineer -- The authorized Engineering representative of the Town who will have authority as delegated to that office by the Town. Unless changed by the Town, for the purpose of these Contract Documents, that shall be Danny P. Brannon, P.E. Jun. 5, 2013 Page 29 of 81 Equipment - The machinery and equipment, together with the necessary supplies for upkeep and maintenance thereof; the tools and all other apparatus necessary for the Construction and acceptable completion of the Work. Legal Holidays – New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Day, and the day after Christmas Day. Lump Sum Bid Price – The total compensation to be paid to the Contractor for the Work to be performed as specified in the Contract. Materials - Any substances to be incorporated in the Work . Notice of Award - A written notice given by the Town to announce the Successful Bidder for the Work. Notice to Proceed - A written notice given by the Town to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor’s obligations under the Contract Documents. Notice to Proceed shall not be issued until Contractor indicates satisfaction with FPL material availability. Plans - The drawings which show the scope, extent, and character of the Work to be furnished and performed by the Contractor and which are referred to in the Contract Documents. Progress Payment – Payment made to the Contractor for estimated percentage of the total amount of the Contract which has been completed. The estimated percentage is based upon Completed Work Units. Resource Plan – Comprehensive written plan detailing the Contractor’s understanding of the project requirements for, appropriate application and levels of resources in order to complete the project with in the Contract parameters. Responsive Bid or Bidder- A Bid, or a Bidder that submits a Bid, that conforms in all material aspects to the Bidding Documents. Specifications- The directions, provisions, and requirements contained in the Specifications and Plans. Subcontractor - Includes only those having a direct contract with the Contractor, and it includes one who furnishes material worked to a special design according to the plans and specifications of this work but does not include one who merely furnishes material not so worked. Substantial Completion – Shall mean the date on which all of the Completed Work Units are accepted by both the Town, Comcast, FPL, AT&T, and any other overhead utility whose facilities are involved in the Work. Successful Bidder - The highest rated, responsible and responsive Bidder to whom the Town (on the basis of the Town’s evaluation as hereinafter provided) makes an award. Jun. 5, 2013 Page 30 of 81 Supplemental Agreement - A written agreement between the Town and the Contractor, signed by the Contractor’s Surety, modifying the Contract within the limitations set forth in these Specifications. Surety Company - The corporate body, qualified to conduct business in the State of Florida, bound by the Performance and Payment Bond with and for the Contractor, who agrees to be responsible for acceptable performance of the Work by the Contractor and for payment of all debts pertaining thereto. Town – The Town of Gulf Stream. Total Bid Price - The sum of the Bid and any Alternate Bid(s) contained in the Bidder’s Proposal for the Work. Unit Price - An amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bid Documents. Value of Completed Work Unit – Value of the specific work components or units divided by the total value of all such work components or units as shown on the Construction drawings. Work - The entire completed Construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes, and is the result of, performing or furnishing labor and furnishings and incorporating Materials and Equipment into the Construction, and performing or furnishing services and furnishing documents, all as required by the Bidding and Contract Documents to deliver the depicted functioning facilities. Work Plan – Comprehensive written plan detailing the Contractor’s understanding of the project requirements for, appropriate work method application, traffic management, construction, materials, time schedule, work staging, safety, security, manpower, management, supervision, inspection, and contract compliance. Work Unit – A specific run of cable, pipe, directional bored / trenched conduit including all associated materials, specification requirements and structures between and at established termination points, valves, concrete pads, poles, splice boxes, pull boxes or switches chambers. Written Notice -- Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. SECTION 2 - EXECUTION, CORRELATION AND INTENT OF DOCUMENTS The Contract Documents shall be executed in six (6) original sets by the Town and Contractor. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. In case of conflict between plans and specifications, the specifications shall govern. Jun. 5, 2013 Page 31 of 81 SECTION 3 - DESIGN, PLANS AND INSTRUCTIONS The Town through the Engineer, or the Engineer as the Town’s representative, shall furnish plans and specifications which represent the requirements of the work. Plans are diagrammatic in nature and do not provide every detail of the work required to deliver the specified functioning deliverables. These specifications and the drawings accompanying them are intended to describe and provide for a finished piece of work, they are intended to be complementary and what is called for by either shall be as binding as if called for by both. The Contractor will understand that the Work herein described shall be delivered complete in every detail, notwithstanding every item necessarily involved is not particularly mentioned, and the Contractor shall be held to provide all labor and material necessary for the completion of the indicated work. The Engineer may, during the life of the Contract and in accordance with Section 15 hereof, issue additional instructions, by means of Plans or otherwise, necessary to illustrate changes in the Work. The Contractor shall keep one (1) copy of all Plans and Specifications of the Work in good order available to the Engineer. SECTION 4 - VERBAL AGREEMENTS No verbal agreement or conversation with any officer, agent or employee of the Town either before or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. SECTION 5 - ENGINEER’S STATUS (A) The Engineer will provide observation during the progress of the work to render periodic reports of the Contractor’s activities, draft change orders, and verify and certify partial and/or final payments due to the Contractor. (B) The Engineer shall have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. SECTION 6 - COPIES OF DRAWINGS FURNISHED Unless otherwise provided in the Contract Documents, the Engineer will furnish to the Contractor, free of charge, up to four (4) copies of the drawings and specifications reasonably necessary to complete the execution of the work. Additional sets of drawings and specifications will be furnished by the Engineer at a cost of three (3) dollars per drawing sheet. SECTION 7 - SURVEY, PERMITS, REGULATIONS Unless otherwise specified, the Engineer shall identify all land lines, base lines, and bench marks for location of the work. The Contractor shall be responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if, through carelessness, negligence, or prosecution of the work they are destroyed. The Engineer shall utilize a registered surveyor for all detail surveys and establish lines and grades as required. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance Jun. 5, 2013 Page 32 of 81 therewith, it shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. SECTION 8 - CONTRACTOR’S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. SECTION 9 - SUBSOIL CONDITIONS Unless otherwise stipulated in the plans and specification, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions, rock or unseen obstructions. Unanticipated subsurface conditions shall not be deemed reason for change order on contract time or cost increases. SECTION 10 - SUPERINTENDENCE The Contractor shall keep on his work during its progress a competent Superintendent who is experienced and competent in all aspects of the work, and who is satisfactory to the Engineer. The Contractor shall advise the Engineer, in writing, prior to starting work on the Contract, the name and local address of the Superintendent who will be in charge of the project, together with amount of his authority to represent the Contractor. The Superintendent shall represent the Contractor in Contractor’s absence and all directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. The Contractor shall give sufficient superintendence to the work using Contractor’s best skill and attention. If the Contractor, in the course of the work finds any discrepancy between the plans and the physical conditions of the locality, or any errors or omissions in plans or in the layout as given by survey points and instructions, Contractor shall immediately inform the Engineer, in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor’s risk. Neither party shall employ or hire any employee of the other party without consent of the other party. SECTION 11 - CONTRACTOR LIABLE AND RESPONSIBLE TO OWNER (A) The Contractor shall be held liable to the Town for the performance of all work provided for under this Contract. These specifications make no attempt to fix the scope of the work of any subcontractor nor the responsibilities of the subcontractors. (B) Any disputes which may arise in this connection between the Contractor and any subcontractor must be settled between the parties concerned. The Town will not undertake nor be in any way responsible for the settlement of such disputes. (C) No subcontractor shall under any condition relieve the Contractor of Contractor’s liabilities and obligations under this Contract, and the Contractor shall be solely responsible to the Town as provided for herein. (D) Excluding materials provided by the respective utilities, the Contractor shall be liable to the Town for materials furnished. This shall include all materials whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of Jun. 5, 2013 Page 33 of 81 the Town approved the installation or erection of any item of material and the Contractor feels the same is not fabricated in good workmanlike manner, he shall forthwith advise the Town thereof in writing. Contractor shall be liable for the safe keeping and proper installation of utility provided materials. (E) The Contractor shall insure that all employees and subcontractors have obtained and have on their person a company photo identification cards issued by the employing Contractor or Subcontractor. (F) Nothing contained in the Contract documents shall create any contractual relation between any subcontractor and the Town. SECTION 12 - PROTECTION OF THE PUBLIC AND OF WORK AND PROPERTY The Contractor shall provide and maintain all necessary watchmen, barricades, warning lights, and signs and take all necessary precautions for the protection of the public. The Contractor shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect the Town’s property from injury or loss arising in connection with this Contract. The Contractor shall make good any damages, injury, or loss to Contractor’s work and to the property of the Town resulting from lack of reasonable protective precautions, except such as may be due to errors in the Contract documents, or caused by agents or employees of the Town. The Contractor shall adequately protect adjacent private and public property, as provided by law and the Contract documents, and shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. SECTION 13 - INDEMNITY The Contractor shall indemnify and hold harmless the Town and Florida Power & Light Company, and their officers and employees, from any liabilities, damages, claims, charges, losses, costs, judgments or expenses, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct, including acts, actions, errors or omissions of the Contractor and other persons employed or utilized by the Contractor, including, but not limited to Sub-consultants/Subcontractors, in the performance of the Contract, whether direct or indirect. The Contractor shall not be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the Town and/or Florida Power & Light Company, or any or their officers, agents or employees. The Contractor's obligation to indemnify and hold harmless shall be triggered by the Town’s notice of claim for indemnification to the Contractor, and the Contractor, as part if its fulfillment of this obligation, may choose to defend, upon mutual agreement between the parties, and/or participate in the defense and trial of any claim and any related settlement negotiations. The Town’s failure to notify the Contractor of the claim shall not release the Contractor of the above referenced obligation to indemnify and hold harmless. The Contractor's inability to evaluate liability, due to the Town’s late notice or any other reason, or its evaluation of liability, shall not excuse the Contractor's duty to indemnify and hold harmless within seven (7) days after such notice by the Town is given by registered mail. Only an adjudication of judgment after the highest appeal is exhausted specifically finding the Town solely and entirely responsible for a claim shall performance of this provision by the Contractor be excused. To the extent the Town is found partially liable or negligent for any particular claim, the Contractor shall still be required Jun. 5, 2013 Page 34 of 81 to indemnify and hold harmless the Town for that portion of the claim found to be caused by the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. It is specifically agreed between the parties executing the Contract that the Contract and any insurance provided pursuant to the Contract is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third-party beneficiary hereunder or to authorize anyone not a party to the Contract to maintain a suit for bodily injury or property damage pursuant to the terms or provisions of the Contract. The Contractor guarantees the payment of all just claims for materials, supplies, tools or labor and other just claims against it or any Subcontractor or Sub-consultant, in connection with the Contract. The Town’s final acceptance and payment does not release the Payment and Performance Bonds until all such claims are paid or released. The parties hereby agree and acknowledge that one hundred dollars ($100.00) of the first payment to the Contractor for performance of this Agreement is the specific consideration from the Town to the Contractor for the Contractor's indemnity agreement. Guaranty of Payment for Claims: The Contractor guarantees the payment of all just claims for Materials, supplies, tools, or labor and other just claims against Contractor or any Subcontractor in connection with the Contract. Final acceptance and payment by the Town will not release the Contractor’s bonds until all such claims are paid or released. SECTION 14 - INSURANCE Anything contained herein to the contrary notwithstanding, during the term of the Contract and for such additional time as may be further required, the Contractor shall provide, pay for, and maintain in full force and effect insurance outlined below for coverage at not less than the prescribed minimum limits of liability, covering the Contractor’s activities and those of any and all Subcontractors (including officers, directors, employees, or agents of each and their successors). All insurance shall be provided through companies authorized to do business in the State of Florida and considered acceptable by the Town. All insurance coverage required of the Contractor shall be primary over any insurance or self- insurance program carried by the Town or Florida Power & Light Company including, but not limited to, the Town’s protective liability coverage required herein. The operation of this paragraph shall not waive the primary responsibilities of the Town’s or Florida Power & Light Company's protective liability policy required herein, should for any reason the Contractor’s comprehensive general liability, automobile liability, umbrella or excess liability coverage fail to respond to a claim against the Town or Florida Power & Light Company which would also be covered under the Town’s or Florida Power & Light Company's protective liability policy. Nothing contained herein shall relieve Contractor and Subcontractors of their respective obligations to exercise due care in the performance of their duties in connection with the Work or to complete the Work in strict compliance with the Contract Documents. Based on the various types of Work for the Project, Town reserves the right, at its sole discretion, to require the Contractor to obtain other types of coverage, increased limits of coverage, etc. to address a specific Task Authorization related to the Work. Jun. 5, 2013 Page 35 of 81 Unless an exemption is obtained from the Town in writing, each Task Authorization issued by the Town will require its own “project-specific” limits. Any type of insurance or increase of limits not described below which the Contractor requires for Contractor’s own protection or an account of status shall be the Contractor’s own responsibility and its expense. Liability Insurance: The Contractor shall not commence any Work in connection with the Project until all of the required insurance listed hereunder has been placed, paid for and maintained in effect at all times during performance of Work (and after completion of the Project when noted) and approved by the Town; nor shall the Contractor allow any Sub-consultant or Subcontractor to commence Work until all similar insurance required of that entity has been so obtained and approved by the Contractor and submitted to the Town. Contractor shall require all Sub-consultants and/or Subcontractors to comply with these requirements; therefore, for the purposes of the insurance requirements found in the Contract Documents, "Contractor" will include “Sub-consultants” and/or “Subcontractors.” All insurance policies shall be written with Admitted Carriers qualified to do business in Florida through an authorized and licensed Florida Agent. No liability insurance required herein shall be written under a “claims made” form, except for Professional Liability Insurance. Neither approval or disapproval by the Town of the insurance program submitted by the Contractor, shall release the Contractor of full responsibility or negligence or liability which causes bodily injury, death or property damage, whether or not there is coverage provided by the required insurance program. The Town is exempt from and shall in no way be liable for any sums of money which may represent a deductible and/or a co-insurance penalty/provision in any insurance policy. The payment of such deductible and/or a co-insurance penalty/provision shall be the sole responsibility of the Contractor providing such insurance. All policies shall name the Town and Florida Power & Light Company, their employees, officers, agents and successors as additional insureds for the Project, except for Professional Liability and Worker's Compensation and Employer's Liability (where there is no requirement to name the Town, etc. as additional insureds) and Town/Contractor's Protective Liability (where the requirements remain as stated in the section entitled "Towns' Protective Liability Insurance" below). Workers’ Compensation and Employer’s Liability Insurance: The Contractor shall purchase and maintain during the life of the Contract, Workers’ Compensation and Employer’s Liability for all of the Contractor's employees connected with the Project. All Sub-consultants and Subcontractors shall also obtain Workers’ Compensation and Employer’s Liability for their workers connected with the Project. Such insurance shall comply fully with the Florida Workers’ Compensation Statute. If any of the Work on the Project involves USL & H, FELA or other hazardous classifications which would require specific Workers’ Compensation coverage, the Contractor shall provide and cause each Sub-consultant and Sub-contractor to provide adequate insurance to the Town to comply with both State and Federal laws. The minimum amount of coverage required: Coverage A: Statutory Coverage B: $1,000,000 Limit each accident Employer’s Liability: $1,000,000 Limit per employee / occupational disease Jun. 5, 2013 Page 36 of 81 $1,000,000 Limit occupational disease – aggregate If the Contractor leases employees, utilizes temporary laborers, or the services of a leasing company, such as a Professional Employer Organization, the Contractor and/or the entity providing the leased or temporary employees must provide the same proof of coverage for the leased or temporary employees working on the Project as if they were employees of the Contractor. The certificate of insurance and the Workers’ Compensation Policy must contain the “Alternate Employer Endorsement – WC 00 03 01 A” or its equivalent. Comprehensive General Liability Insurance: The Contractor must purchase and maintain the broadest form of Comprehensive General Liability insurance available based upon the Work and/or a specific Task Authorization. This includes, but is not limited to, the following coverages: pollution liability, extended bodily injury, broad form property damage, contractual liability, incidental medical malpractice, three (3) years extended completed operations coverage and waiver of subrogation. Personal Injury coverage must delete both contractual and employee exclusions. The minimum amount of coverage required: General Aggregate Limit $5,000,000 Products – Completed Operations Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit $ 500,000 Medical Expense Limit $ 5,000 The policy shall contain an endorsement providing for aggregate limits of liability to be provided on a project specific basis. This endorsement shall state that the aggregate limits as specified shall apply separately and specifically to this Project. Furthermore, if the policy exceeds one year, the policy must contain an annual self-reinstating aggregate limit endorsement. If the Contractor leases employees, utilizes temporary laborers, or the services of a leasing company, such as a Professional Employer Organization, the Contractor and/or the entity providing the leased or temporary employees must provide the same proof of coverage for the leased or temporary employees working on the Project as if they were employees of the Contractor. The certificate of insurance and the General Liability Policy must include the Contractor as well as the Town and Florida Power & Light Company, their employees, officers, agents, and successors as Additional Named Insureds. Comprehensive Automobile Liability Insurance: The Contractor shall purchase, obtain and maintain during the life of the Contract, Comprehensive Automobile Liability Insurance. This insurance shall be maintained by the Contractor applicable to the ownership, maintenance, use, loading and unloading of any owned, non-owned, leased or hired vehicle. This policy shall include coverage for liability assumed under Contract (whether or not provided for under the Comprehensive General Liability Policy). The minimum amount of coverage required: Combined Single Limit Liability – BI/PD $ 1,000,000 Personal Injury Protection $ 10,000 Uninsured Motorist Coverage $ 1,000,000 Jun. 5, 2013 Page 37 of 81 Hired & Non-owned Auto $ 1,000,000 Umbrella/Excess Liability Insurance: If an umbrella or excess liability insurance policy is used to attain the required limits of liability, the sum of the limits provided by the primary insurance and the umbrella or excess liability insurance must at least equal the limits of liability as required above. The umbrella/excess liability insurance policy or excess policy shall contain a provision that the coverages afforded therein are no less broad than those provided within the primary policy. Policy inception date must also be concurrent with the inception dates of the primary general liability and automobile liability policies. Umbrella or excess policy certificate of insurance shall stipulate the underlying limits of liability applicable. A photocopy of the endorsement so evidencing shall be attached to the certificate. The Town and Florida Power & Light Company, their employees, their members, officers, agents, and successors shall be named as additional insureds under this policy. Town’s Protective Liability Insurance: The Contractor shall purchase and maintain an Town/Contractors Protective Liability Insurance Policy with the Town and Florida Power & Light Company as the Named Insured/Town. This separate, project-specific policy is to be provided to and approved by the Town prior to commencing Work on the Project. The minimum amount of coverage required: Each occurrence: $ 1,000,000 Aggregate: $ 1,000,000 Builder’s Risk: The Contractor must purchase and maintain during the life of the Contract or Task Authorization the broadest form of Builders’ Risk / Installation Floater insurance available which shall protect the Contractor, the Town, Florida Power & Light Company, their employees, officers, agents and successors, as their interests may appear. This includes, but is not limited to, the following: a Completed Value Form with the limits being the same as the amount of the contract, Loss of Revenue, Extra Expense, Permission to Occupy and Soft Costs for Architect / Engineer fees. Such policy shall be in an amount equal to the total completed value of buildings, appurtenance, or Contract or Task Authorization amount. Partial Utilization – Property Insurance: If the Town finds it necessary to occupy or use a portion or portions of the Work prior to substantial completion of all the Work, no such use or occupancy shall commence before the insurers have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Subrogation and Waiver: Contractor shall require all policies of insurance that are in any way related to the Work and that are secured and maintained by Contractor and all Sub- Jun. 5, 2013 Page 38 of 81 consultants to include clauses providing that each underwriter shall waive all of its rights of recovery, under subrogation or otherwise, against the Town, Florida Power & Light Company, Contractor, separate Consultants and Contractors, and Sub-consultants/Sub-contractors. Contractor waives all rights of recovery against the Town, Florida Power & Light Company, separate Consultants and Contractors, and all Sub-consultants/Subcontractors which Contractor may have or acquire because of deductible clauses in or inadequacy of limits of any policies of insurance that are in any way related to the Work and that are secured and maintained by Contractor. Contractor shall require all Sub-consultants/Subcontractors to waive their rights of recovery (as aforesaid waiver by Contractor) against the Town and Florida Power & Light Company. Certificate of Insurance: On or before the tenth calendar day after receipt of the Notice of Intent to Award or the Intent to Award, the Contractor, at its sole expense, shall furnish to the Town, proof of coverage of the above-required insurance coverage on Certificates of Insurance forms bearing an original manual signature of the authorized representative of the insurance company. No Work shall commence under the Contract unless and until the required Certificates Of Insurance described herein are in effect and have been approved by the Town. Certificates of Insurance shall be issued to the Town and Florida Power & Light Company, and shall reference the name of the insured Contractor, the specific job by name, the complete and correct contract/job number, as well as the full and complete name of each insurance company, including city and state of domicile, as listed in Best’s, the policy number, the type of insurance, its effective date and its termination date. All Certificates of Insurance must provide that in the event of cancellation, non-renewal or material reduction in coverage (including any material reduction of limits of liability), the insurer will provide thirty (30) days prior notice of such cancellation, non-renewal or material reduction by certified mail to the Town and Florida Power & Light Company. In addition, certified true copies of all policies shall be provided to the Town and/or Florida Power & Light Company upon specific written request. SECTION 15 - CHANGES IN WORK The Town, without invalidating the Contract, may order additions to or deductions from the work, the Contract sum being adjusted accordingly. The Engineer, with the consent of the Town, shall have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purpose of the work. If in the Engineer's opinion the change is significant, the Engineer may require a Contract Change Order be prepared by the Contractor. If the Contractor believes that a variation or change justifies a modification in the Contract Price, the Contractor may make a claim. If a claim is made, the Contractor is not authorized to vary the work unless a Change Order is issued. The Contractor shall notify the Engineer prior to the execution of any variation or change, and within two (2) days of any occurrence which, in the opinion of the Contractor, entitles him to an adjustment of the Contract Price or a time extension. The Engineer will acknowledge the request within two (2) days of receipt of the Contractor’s notice. For the purposes of this paragraph, a day shall be defined as any business day, Monday through Friday, excluding holidays. The Town, through its Engineer, will issue a Change Order authorizing any changes in the Work, adjustments in the Contract Price and extensions of time. Jun. 5, 2013 Page 39 of 81 The Contractor is authorized to execute the change only upon receipt of a written Change Order issued by the Engineer and approved by the Town. Except in an emergency endangering life and property, no extra work or change shall be made unless in pursuance of such written order, and no claim for an addition to the Contract sum shall be valid unless the additional work was so ordered. The Contractor shall proceed with the work as changed and the value of any such extra work or change order shall be determined in one or more of the following ways: A. By estimate and acceptance of a lump sum. B. By unit prices if named in the contract. C. By the following extra works payment procedure: 1. Actual cost, as certified by payroll copies and receipted bills of all direct labor and materials, including the actual cost of payroll taxes and payroll insurance, used in extra work, plus amount equal to 10% of all such actual costs. 2. Actual rental cost of equipment required to complete the extra work except for small hand tools, as certified by receipted invoices and as approved by the Engineer. 3. All such amounts accruing under 1. and/or 2. above shall be accepted by the Contractor as payment in full for such extra work. D. By a combination of the above methods. Consent of Surety from the bonding company shall be submitted to the Town with each Change Order that results in an increase to the original contract amount. Where units prices are utilized under option “C” to determine the value of work added or deleted, and multiple calculation methods exist utilizing different units or combinations of units, the value of the work shall be the lowest value calculated by any one of these otherwise applicable methods. SECTION 16 - ROYALTIES AND PATENTS The Contractor shall pay for all royalties and license fees. Contractor shall defend all suits or claims for infringements of any patent rights, and shall save the Town harmless from loss on account thereof, except that the Town shall be responsible for all such loss when a particular process or the product of a particular manufacturer, or manufacturers, is specified; but if the Contractor has information that the process or article specified is an infringement of a patent, Contractor shall be responsible for such loss unless Contractor promptly gives such information to the Engineer. SECTION 17 - MATERIALS, APPLIANCES, EMPLOYEES FPL will provide certain materials for pickup at their offices as required for their facilities. Unless otherwise stipulated herein, the Contractor shall provide and pay for all other materials, as well as all labor, tools, equipment, transportation and other incidentals necessary for the execution and completion of the work. Unless otherwise specified, all materials incorporated in the permanent work shall be new and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials used in the conversion of electric services with new underground customer Jun. 5, 2013 Page 40 of 81 owned services shall comply with the requirements of all authorities having jurisdiction over such facilities. SECTION 18 - LAND FOR WORK The Town shall provide as indicated on the drawings and not later than the date when needed by the Contractor, the lands upon which the work under this Contract is to be done, rights-of-way for access to same, and such other lands which are designated on the drawing for the use of the Contractor. Any delay in the furnishing of these lands by the Town shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. The Contractor shall provide at his own expense and without liability to the Town any additional land and access thereto that may be required for temporary construction facilities or for storage of materials and/or equipment. Engineer's approval shall be required for any such materials storage sites or equipment staging sites within the Town limits. SECTION 19 - CLEANING UP The Contractor shall, as directed by the Engineer, remove at his own expense from the Town’s property and from all public and private property all temporary structures, rubbish, and waste materials resulting from Contractor’s operations. This requirement shall not apply to property used for permanent disposal of rubbish or waste material in accordance with permission of such disposal granted to the Contractor by the Town. All demolition and clean-up will be performed to the degree that safe, unobstructed lawn mowing can take place. Construction sites shall be cleaned up daily during the construction process and not left on site overnight. SECTION 20 - OBSERVATION OF WORK The Town shall provide sufficient competent Engineering personnel for the observation of the work. The Engineer and his representatives shall at all times have access to the work whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for observation and, if the observation is by another authority than the Engineer, of the date fixed for such observation. Inspections by the Engineer shall be promptly made and, where practicable, at the source of supply. If any work should be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for inspection and properly restored at the Contractor’s expense. SECTION 21 - DEDUCTIONS FOR UNCORRECTED WORK OR UNREPAIRED DAMAGES If the Engineer deems it inexpedient to correct work that has been damaged, that was not done in accordance with the Contract, or property damages that the Contractor or the Contractor’s Subs are responsible for, an equitable deduction from retainage shall be made therefore. SECTION 22 - EXTENSION OF TIME (A) The period of time for completion set forth in the Agreement may be extended in an amount equal to time lost due to causes which are beyond the control of the Contractor, Jun. 5, 2013 Page 41 of 81 and which were not the result of Contractor’s fault, negligence or deliberate act. Extension of time for completion may also be allowed for delays in the progress of the work caused by any Act or omission on the part of the Town, or delay due to an Act of Government, or for any delay in the furnishing of plans and necessary information by the Engineer if a date is stated for the furnishing of such plans and necessary information. Strikes, lock-outs, fire, unavoidable casualties may be cause for an extension of time or by any cause which the Engineer shall determine justifies the delay, then the time of completion may be extended for any reasonable time that the owner may desire. A delay due to hurricanes shall be permitted only for the amount of time that the Contractor is not allowed on site by authorities having jurisdiction, or for the period during which access is physically blocked by storm debris. Qualifying delays are for only periods of work schedule time that the Bidder is not allowed access to the work site or due to a lose of resources were alternate resources are not available. (B) No extension shall be made for delay occurring more than 7 (seven) calendar days before claim therefore is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. Any extension of time must be approved by the Engineer and confirmed by Change Order to the Contractor. SECTION 23 - DAMAGES If either party to this Contract should suffer injury or damage in any manner because of any wrongful act or neglect of the other party or anyone employed by them, said party shall be reimbursed by the other party for such damage. Notice of pending claim for any such reimbursement shall be made in writing to the party liable within a reasonable time of the first observance of such damage, and the claim shall be filed and adjusted previous to the time of final payment (by agreement or by arbitration). The Contractor will relieve the Town from any damage claim should Contractor’s equipment become stuck in sand, muck, or damaged in any way. Likewise, the Contractor will make no additional claim for payment for labor lost, due to equipment becoming non-operative, through no fault of the Town. SECTION 24 - OWNER’S RIGHT TO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this Contract, the Town, after three days written notice to the Contractor, may, without prejudice to any other remedy it may have, make good these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. SECTION 25 - OWNER’S RIGHT TO TERMINATE CONTRACT A. Termination For Cause If the Contractor fails to begin the work under the Contract within the time specified in the Notice to Proceed; or fails to perform the work satisfactorily within the milestone dates set out in the Project schedule for the occurrence of certain events; or fails to perform the work with sufficient workmen and equipment or with sufficient materials to assure the prompt completion of the Contract as related to the schedule; or performs the Work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable; or discontinues the prosecution of the work; or fails to resume work which has been discontinued within a reasonable time after notice to do so; or fails to pay timely its sub- Jun. 5, 2013 Page 42 of 81 consultants/subcontractors, suppliers or laborers; or becomes insolvent or is declared bankrupt, or files for reorganization under the bankruptcy code, or commits any act of bankruptcy or insolvency, either voluntarily or involuntarily, or allows any final judgment to stand against Contractor unsatisfied for a period of ten (10) Calendar Days; or makes an assignment for the benefit of creditors; or if the Surety executing the bond, for any reasonable cause, becomes unsatisfactory in the opinion of the Town, or for any other cause whatsoever, fails to carry on the work in an acceptable manner, the Town will give notice in writing to the Contractor stating the nature of the default and providing the amount of time which will be allowed to correct the default. If the Contractor does not correct the default within the curative period described in the notice of default, the Town will have full power and authority to remove the Contractor from the Project and to declare the Contractor in default and terminated. Upon declaration of default and termination of the Contract, the Town will have the right to appropriate or use any or all materials and equipment on the Project Site where work is or was occurring which are suitable and acceptable, and may enter into agreements with others for the completion of the work under the Contract, or may use other methods which in the opinion of the Town are required for completion of the Contract. The Town may require the Contractor ’s Surety to take over and complete the Contract performance. All reasonable costs and charges incurred by the Town because of or related to the Contractor’s default (including the costs of completing Contract performance) shall be charged against the Contractor. If the expense of Contract completion exceeds the sum which would have been payable under the Contract, the Contractor and the Surety shall be jointly and severally liable and shall pay the Town the amount of the excess. The Town shall have no liability for profits related to unfinished work on a Contract terminated for default. If, after the default notice curative period has expired, but prior to any action by the Town to complete the work under the Contract, the Contractor demonstrates an intent and ability to cure the default in accordance with the Town’s requirements, the Town, at its sole and absolute discretion, may permit the Contractor to resume work under the Contract. In such circumstances, any costs of the Town incurred by the delay (or from any reason attributable to the delay) will be deducted from any monies due or which may become due the Contractor under the Contract. B. Termination For Convenience The Town may, by written notice, terminate the Contract or a portion thereof after determining that, for reasons beyond either the Town or the Contractor’s control, the Contractor is prevented from proceeding with or completing the work as originally contracted for, and that termination would therefore be in the public interest. Such reasons for termination may include, but need not be necessarily limited to, Executive Orders of the President relating to prosecution of war or national defense, national emergency which creates a serious shortage of materials, orders from duly constituted authorities relating to energy conservation, and restraining order or injunctions obtained by third-party citizen action resulting from national or local environmental protection laws, or where the issuance of such order or injunction is primarily caused by acts or omissions of persons or agencies other than the Contractor, or for any other reason deemed appropriate by Town. When the Contract, or any portion thereof, is terminated before completion of all items of Work in the Contract, payment will be made for the actual number of units or items of Work completed, at the Contract Unit Price (where applicable), or as mutually agreed for items of work Jun. 5, 2013 Page 43 of 81 partially completed or not started. No claims for loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination will be considered. Reimbursement for mobilization expenses (when not otherwise included in the Contract), including moving Equipment to the job, will be considered where the volume of work completed is too small to compensate the Contractor for these expenses under the Contract Unit Prices (where applicable); the intent being that an equitable settlement will be made with the Contractor. Acceptable materials procured by the Contractor for the work, that have been inspected, tested, and approved by the Town, and that are not incorporated in the work, may be purchased from the Contractor at actual cost, as shown by receipted bills and actual cost records, at such points of delivery as may be designated by Town. Termination of the Contract, or a portion thereof, under the provisions of this Section, shall not relieve the Contractor of the Contractor’s responsibilities for the completed portion, nor shall it relieve the Contractor’s Surety of its obligation for, and concerning any just claims arising out of, the work performed. SECTION 26 - REMOVAL OF EQUIPMENT In the case of annulment of this Contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the Town, shall promptly remove any part or all of Contractor’s equipment and supplies from the property of the Town, failing which the Town shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION 27- USE OF COMPLETED PORTIONS The Town shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired; but the taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract documents. SECTION 28 - ENGINEER’S DECISIONS The Engineer shall, within a reasonable time after their presentation to him, make decisions in writing on all claims of the contractor, and on all other matters relating to the execution and progress of the work or the interpretation of the Contract documents. All such decisions of the Engineer, with the Town’s approval, shall be final. SECTION 29 - PAYMENT PROCEDURE The Town will pay to the Contractor for the faithful performance of the contract, subject to additions and deductions as provided in the Contract documents, in lawful money of the United States as set forth in Article III of the Agreement. Jun. 5, 2013 Page 44 of 81 SECTION 30 - PAYMENTS WITHHELD PRIOR TO FINAL ACCEPTANCE OF WORK The Town may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect itself from loss on account of: A. Defective work not remedied. B. Claims filed or reasonable evidence indicating public filing of claims by other parties against the Contractor. C. Failure of the Contractor to make payments properly to sub-contractors or for material or labor. D. Damage to another Contractor. E. Failure of the Contractor to complete work or repair damaged property as directed by the Engineer. F. Undue delay or failure to proceed in a timely fashion with commencement of construction or completion of construction segments. G. Failure to secure acceptance by the Town, Comcast, FPL, AT&T, and any other overhead utility whose facilities are involved in the Work. When the above grounds are removed or the Contractor provides a Surety or Performance Bond satisfactory to the Town which will protect the Town in the amount withheld, payment shall be made for amounts withheld because of them. Change Order adjustments may impact the contract amount. However, at no time shall the payments for substantially completed work prior to final acceptance exceed the contract amount less the required retainage. SECTION 31 - CORRECTION OF WORK BEFORE FINAL PAYMENT The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to meet contract requirements whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute Contracotr’s own work in accordance with the Contract and without expense to the Town and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. SECTION 32 - SUBMITTAL OF AS-BUILT RECORD DRAWINGS BEFORE FINAL PAYMENT As a condition of acceptance for the request for final payment, the Contractor shall furnish to the Owner a complete and accurate set of paper marked-up as-builts with RECORD DRAWING or AS-BUILT clearly printed on each sheet. The Owner will provide the paper prints which will serve as the bases of these documents. The Contractor shall accurately and neatly transfer all deviations from progress as-builts to final as-builts. The precision of all measurement shall be to the nearest quarter (0.25) foot on vertical measurements and to the nearest foot (1.00) on horizontal measurements. As-builts are to show the horizontal and vertical dimensions of the conduit routes. The dimensions are to be referenced from the center lines of the dedicated easements. These dimensions for conduit / pipe routes are to be taken at 50’ intervals along straight sections, changes in directions, commencement of a radius turns, completion of a radius turns, every 25 feet along a radius turn, and at termination points if not within pads, hand-holes, Jun. 5, 2013 Page 45 of 81 splice boxes, pull boxes, or switch chambers. As-builts are to show the horizontal dimensions from the center line of all hand-holes, pull boxes, concrete pads, splice boxes, and switch chambers. These dimensions are to be referenced from the center lines of the dedicated easements. Unless approved by the Engineer, any facilities found not in compliance with the above requirements, shall be corrected at the Contractor’s expense. All facilities shall be constructed as depicted on the plans and specification unless approved by the Engineer. Contractor shall provide bore logs for all directional bore installations. Contractor shall provide compaction test results for all excavation repairs within pavement areas subject to vehicle travel.. Final Payment, Waiver and Release Form, to be provided by Owner, from each sub-consultant, subcontractor, worker or supplier which has filed Notices to Owner or worked on the Project must be provided by the Contractor before Final Payment. Submissions shall be on forms to be provided by the Owner. Waiver of Claims The making and acceptance of Final Payment will constitute: A waiver of all claims by the Town against Contractor, except claims arising from those previously made in writing and still unsettled, from defective Work appearing after 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. Recovery Right Subsequent to Final Payment If an error is discovered in partial or the final pay estimate, or if defective Work or Materials used by or for the Contractor is discovered after final payment has been made, the Town reserves the right to claim and recover from the Contractor and/or Contractor's Surety, by process of law, such sums as may be sufficient to correct the error or make good the defects in the Work or Materials. The Contractor shall preserve all contract records for the entire term of the Contract and for a period of three (3) years after the later of: (1) final acceptance of the Project by Town, or (2) until all claims (if any) regarding the Contract are resolved. SECTION 33 - LIQUIDATED DAMAGES The time limit for Substantial Completion and completion of 100% of the work as described in the Agreement is of the essence of this Contract, and in case the Contractor shall fail to complete the work hereunder, within the time aforesaid, Contractor agrees to pay the Town Four Thousand Dollars ($2,000) per day for each and every day the time consumed in said performance and completion exceeds the time hereinbefore allowed for that purpose, which said sum, in view of the difficulty in ascertaining the loss which the Town will suffer by reason of delay in the performance of the work hereunder is hereby agreed upon, fixed and determined by the parties hereto as liquidated damages that the Town will suffer by reason of said delay and default, and not as a penalty; and the Town shall and may deduct and retain the amount of such liquidated damages out of the money which may be due under this Contract. Jun. 5, 2013 Page 46 of 81 SECTION 34 - LIENS Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall deliver to the Town a complete release of all claims or liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as Contractor has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed; but the Contractor may, if any sub-contractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Engineer, to indemnify the Town against any claim or lien (in cases where such payment is not already guaranteed by Surety or Performance Bond). If any claim or lien remains unsatisfied after all payments are made, the Contractor shall refund to the Town all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney’s fee. SECTION 35 - ASSIGNMENT The Contractor shall not assign the Contract as a whole or in part without the written consent of the Town, nor shall the Contractor assign any monies due or to become due to Contractor hereunder without the previous written consent of the Town. Assigning the Contract shall not relieve the Contractor or Contractor’s surety from any contract obligations. SECTION 36 – PAYMENT AND PERFORMANCE BONDS The Contractor shall at the signing of the Contract provide the Town with a Performance Bond and a Payment Bond, each equal to 100% of the Contract covering Contractor’s faithful performance of the Contract and the payment of obligations arising there under; such bonds are to be issued by a surety company duly authorized to do business in the State of Florida, Palm Beach County, and the Town, and on the Approved U. S. Treasury List of Bonding Companies, such company being acceptable to the Town. The premiums for these bonds shall be paid by the Contractor. The Contractor is required to furnish replacement bonds in the event of cancellation of either or both of the original Performance and Payment Bonds. The cost of the Performance and Payment Bonds shall be borne by the Contractor. The Payment and Performance Bonds shall be accompanied by a duly authenticated or certified document, in duplicate, evidencing that the person(s) executing the bonds on behalf of the Surety had the authority to do so on the date the bonds were executed on behalf of the Surety Company. The documents will be dated the same date on which the bonds were executed for the Surety. The Surety's resident agent's name, address and telephone number must be clearly stated on the face of the Payment and Performance Bonds. It is a specific requirement that the Payment and Performance Bonds shall continue to be acceptable to the Town throughout the life of the Project, and in the event that the Surety executing the Payment and/or Performance Bonds, although acceptable to the Town at the time of execution of the Agreement, subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise unsatisfactory due to any cause which becomes apparent after the Town's initial approval of the Surety Company, the Town may require that the Contractor immediately replace the Payment and/or Performance Bonds with similar bond(s) drawn on a Surety Company which is reliable and acceptable to the Town. In such event, all costs of the premium for the new bond(s), after deducting any amounts which might be returned to the Contractor from its payment of the premium on the defaulting bond(s), will be borne by the Contractor. Jun. 5, 2013 Page 47 of 81 SECTION 36A – SURETY COMPANIES ACCEPTABLE TO OWNER To be acceptable to the Town as Surety for Bid Bonds, and Performance and Payment Bonds, a Surety Company shall comply with the following provisions: A. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. B. The Surety Company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. C. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. D. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. E. The Surety must have a registered agent in the State of Florida; meet all of the requirements of the laws of Florida and the regulations of the Authority and the Authority’s approval. F. If the total Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following provisions; G. The Surety Company shall have at least the following minimum ratings in the latest issue of Best’s Key Rating Guide. Total Contract Amount Policy-Holder’s Rating Required Financial Rating $ up to 1,000,000 A- CLASS I 1,000,001 up to 2,000,000 A- CLASS II 2,000,001 up to 5,000,000 A- CLASS III 5,000,001 up to 10,000,000 A- CLASS IV 10,000,001 up to 25,000,000 A- CLASS V 25,000,001 up to 50,000,000 A- CLASS VI 50,000,001 up to 100,000,000 A- CLASS VII H. The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding 10 percent (10%) of its surplus to policyholders, provided:  Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida Department of Insurance to do business in this state has been met.  In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. SECTION 37 - GUARANTEE The Performance Bond and the Payment Bond shall each remain in force for a period of one (1) calendar year from the date of final acceptance thereof against defective materials, design and workmanship. Upon receipt of Notice from the Town of failure of any part of the guaranteed equipment or materials during the guarantee period, the defective parts or materials shall be replaced promptly with new parts or materials by the Contractor at no expense to the Town. Jun. 5, 2013 Page 48 of 81 SECTION 38 - QUALIFICATION OF BIDDERS The apparent low bidder may be required to file, prior to time of award of Contract, an experience questionnaire and confidential financial statement, which must be a complete report of the financial resources and liabilities, equipment, past record, personnel or organization and experience. If so required, the apparent low bidder shall present to the Engineer complete information as required on a form which will be furnished by the Engineer. SECTION 39 - SUBSTITUTION The naming of a specified product of specific manufacturers for equipment or materials under the various items of specifications or as shown on the plans shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the materials are specifically designated as not permitting substitution. If the contractor wishes to offer a substitution for a specified make of equipment, Contractor shall list the proposed substitution on the Substitution Sheet which is included in the Bid Proposal. In each case, the bidder shall state the difference in price between the base bid and the price for the substitution which is offered. If there is no difference in price, the bidder will so state. The Town shall have the sole discretion to accept or reject any or all items listed on the Substitution Sheet. If an item is not listed in the Substitution Sheet, the Contractor will be required to furnish the item specified, or its equal. The burden of proof that such an item offered is equal in all respects to that specified shall be the Contractor’s. The Engineer’s decision shall control and shall be final and binding. The Base Bid shall reflect the Bidder’s proposal for the item specified; not the item listed on the Substitution Sheet. The apparent low bidder will be established by the Base Bid, not including any listing on the Substitution Sheet. SECTION 40 - DISPUTE RESOLUTION General: Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the Town. 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 Town or its representatives, pending a final resolution of the dispute, including, if necessary determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the Town Manager who shall reduce the decision to writing. The decision of the Town 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. Mediation: Prior to initiating any litigation concerning this Contract, the parties agree 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 Jun. 5, 2013 Page 49 of 81 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. Interpretation Venue: This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written documents, properly authorized, executed and delivered by both parties hereto. 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. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Fifteenth Judicial Circuit Court in and for Palm Beach County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in Federal court. Attorney’s Fees and Cost: In connection with any litigation arising out of this contract, the prevailing party shall be entitled to recover all cost incurred, including reasonable attorney’s fees, from the non prevailing party. SECTION 41 – INSPECTOR GENERAL In submitting his bid, the Bidder acknowledges that he 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 contract, 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 Town to be a breach of this contract justifying its termination. END OF GENERAL CONDITIONS SECTION P -1- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 EXHIBIT 1 PROPOSAL TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE (THE “PROJECT”) Date: ______________ Proposal of_____________________________________________________________________ (Company Name) TO: TOWN OF GULF STREAM Rita Taylor, Town Clerk 100 Sea Road Gulf Stream, Florida 33483-7427 The undersigned, as bidder, hereby declares that the only persons, company, or parties interested in this proposal or the contract to be entered into, as principals, are named herein; and that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. That the bidder has carefully and to his full satisfaction examined the attached Invitation to Bid, Instructions to Bidders, General Conditions, Supplement to General Conditions, Detailed Specifications, and form of Contract and Bond, if applicable, together with the accompanying plans, and that he has read all addenda issued prior to the opening of the bids; and that he has made a full examination of the location of the proposed work and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary to the prosecution and completion of the work, to wit; PHASE ONE UTILITY UNDERGROUNDING INITIATIVE. Base Bid In accordance with the Contract Documents pertaining thereto, Contactor agrees to contract the Base Bid for the Phase One Utility Undergrounding Initiative for the Lump Sum Amount of: ______________________________________________________________________________ (Words) ($_____________________) . Additive Alternate Bid Item # 1 (Street Lighting Improvements) In accordance with the Contract Documents pertaining thereto, Contactor agrees to furnish and install the Additive Alternate Bid Items #1 Street Lighting Improvements for the Lump Sum Amount of: ______________________________________________________________________________ (Words) ($_____________________) . P -2- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 If Alternate Bid Item #1 is included in the award, the total of the Base Bid and the Alternate Bid Item #1 Bid will be used in the Bid Ratings as one single Lump Sum Bid Price. If awarded the contract, the undersigned agrees: 1) to commence to obtain Payment and Performance Bonds and Certificate of Insurance immediately after receiving a Notice of Contract, and 2) to submit same within ten (10) calendar days after Notice of Contract; and, 3) to obtain Substantial Completion of the Work no later than eight months after Notice to Proceed has been given, and to complete all Work no later than 30 calendar days after Substantially Completion, with such extensions of time as are provided for in the General Conditions. If Additive Alternate Bid Item # 1 is awarded, one additional months will be added to the construction schedule for Substantial Completion. The undersigned understands that the contract time starts on date of Notice to Proceed. There is enclosed a bid guaranty consisting of five percent (5%) of the Total Bid Price bid price, being $_________________________________. The undersigned furthermore agree that, in case of failure on his part to execute said contract and payment and performance bonds within ten (10) calendar days after being awarded the contract, the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of Town, by forfeit as agreed and liquidated damages; otherwise the check or bond accompanying this proposal shall be returned to the undersigned. The undersigned, if awarded the contract, agrees to furnish at time of signing of contract, performance and payment bonds, each in the amount of 100% of the contract as set forth in “Instructions to Bidders” and "General Conditions". The undersigned states that this proposal is the only proposal for this project in which he is interested. The undersigned further agrees to bear the full cost of maintaining all work until final acceptance by the Town and the respective utilities. P -3- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 SUBMITTED _______________, 2013 Submitted by, Company Name (Print) Company Address City, State, Zip Code State of Incorporation Company Phone Number By: Name (Signature) Name and Title (Print) Contractor’s License Number Contractor’s License Number Federal Tax I.D. Number Attest: Secretary (or Assistant Secretary) [Corporate Seal] P -4- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 INTERESTED PARTIES The full names and residences of persons and firms interested in the foregoing Bid, as principals, are as follows: Note to Bidders: Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, and 16 must accompany this proposal to constitute a complete Bid. P -5- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 UNIT PRICE SCHEDULE OF VALUES (for Pricing Change Order Work) BASE BID: PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Item No. Unit Description Unit Of Measure Contractor's Unit Price PADS, BOXES, CHAMBERS 1. Install FP&L Single Phase Transformer Pad Complete (includes all site and conduit work) EA 2. Install FP&L Open Delta Transformer Pad Complete (includes all site and conduit work) EA 3. Install FP&L Three Phase Transformer Pad Complete (includes all site and conduit work) EA 4. Install FP&L Vista Switch Chamber Assembly Complete ( includes all assembly, site and conduit work) EA 5. Install FP&L 5' x 10' Feeder Splice Box Complete w/Lids (includes all transportation, site and conduit work) EA 6. Install FP&L 48" Polymer Primary Pull Box Complete (includes all site and conduit work) EA 7. Install AT&T 36" Pull Box Complete (includes all site and conduit work) EA 8. Install FP&L 30" polymer Service Hand-hole Complete (includes all site and conduit work) EA 9. Install FP&L Driveway Loading Rated 30" x 50" Splice Box (includes all excavation, placing, and conduit work) EA 10. Install FP&L Padmount Capacitor Pad Complete (includes all excavation, conduits, and placing pad work) EA DIRECTIONAL BORING 11. Directional Bore Machine Setup with Pits Complete (includes all pits and site restoration work) EA 12. Install FP&L 1-6" Conduit via Directional Bore Complete (includes all labor and materials, excludes machine setup & conduit) FT 13. Install FP&L 2-6" Conduit via Directional Bore Complete (includes all labor and materials, excludes machine setup & conduit) FT 14. Install FP&L 6-2" Conduit via Directional Bore Complete (includes all labor and materials, excludes machine setup & conduit) FT 15. Install FP&L 4-2" Conduit via Directional Bore Complete (includes all labor and materials, excludes machine setup & conduit) FT 16. Install FP&L 3-2" Conduit via Directional Bore Complete (includes all labor and materials, excludes machine setup & conduit) FT 17. Install FP&L 2-2" Conduit via Directional Bore Complete (includes all labor and materials, excludes machine setup & conduit) FT 18. Install FP&L 1-2" Conduit via Directional Bore Complete (includes all labor and materials, excludes machine setup & conduit) FT 19. Install AT&T/COMCAST 1-4" Conduit via Directional Bore (includes all labor and materials including conduit, excludes machine setup) FT 20. Install AT&T/COMCAST 1-2" Conduit via Directional Bore (includes all labor and materials including conduit, excludes machine setup) FT P -6- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 21. Install AT&T/COMCAST1-1" Service Conduit via Directional Bore (includes all labor and materials including conduit, excludes machine setup) FT 22. Install AT&T/COMCAST 2-1" Service Conduit via Directional Bore (includes all labor and materials including conduit, excludes machine setup) FT 23. Install 1-1" additional conduit on existing bore (includes labor, excludes conduit) FT 24. Install 1-6" FP&L additional conduit on existing bore (includes labor, excludes conduit) FT 25. Install 1-4" additional conduit on existing bore (includes labor and conduit) FT 26. Install 1-2" FP&L additional conduit on existing bore (includes labor, excludes conduit) FT 27. Install 1-2" AT&T/COMCAST additional conduit on existing bore (includes labor, excludes conduit) FT 28. Install AT&T / COMCAST 1-2" additional conduit on existing bore (includes labor, strings, caps and conduit) FT 29. Install AT&T / Comcast 1-4" additional conduit on existing bore (includes labor, strings, caps and conduit) TRENCHING 30. Install 24" Trench ( Machine Dig with Backfill ) FT 31. Install 24" Trench ( Hand Dig with Backfill ) FT 32. Install 30" Trench ( Machine Dig with Backfill ) FT 33. Install 30" Trench ( Hand Dig with Backfill ) FT 34. Install 36" Trench ( Machine Dig with Backfill ) FT 35. Install 36" Trench ( Hand Dig with Backfill ) FT 36. Install 42" Trench ( Machine Dig with Backfill ) FT 37. Install 42" Trench ( Hand Dig with Backfill ) FT 38. Install 48" Trench ( Machine Dig with Backfill ) FT 39. Install 48" Trench ( Hand Dig with Backfill ) FT 40. Install 24" Trench (Rock Conditions) FT 41. Install 30" Trench (Rock Conditions) FT 32. Install 36" Trench (Rock Conditions) FT 43. Install 48" Trench (Rock Conditions) INSTALL CONDUIT ONLY 44. Install FP&L 1-2" Conduit Compete (Labor for conduit, string, caps as needed; excludes materials and trenching) FT 45. Install FP&L 1-6" Conduit Compete (Labor for conduit, string, caps as needed; excludes materials and trenching) FT 46. Install AT&T / Comcast 1-4" Conduit Compete (Labor and materials for conduit, string, caps as needed; excludes trenching) FT 47. Install AT&T / COMCAST 1-2" Conduit Compete (Labor and materials for conduit, string, caps as needed; excludes trenching) FT 48. Install AT&T / COMCAST 1-1" Conduit Compete (Labor and materials for conduit, string, caps as needed; excludes trenching) FT P -7- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 Item No. Unit Description Unit Of Measure Contractor's Unit Price INSTALL / TERMINATE FPL CABLE 49. Install FP&L #4/0 HDPE-TPX secondary cable in 2" conduit 50 feet or less. EA 50. Install FP&L #4/0 HDPE-TPX secondary cable in 2" conduit 51 to 200 feet. EA 51. Install FP&L #4/0-HDPE-TPX secondary cable in 2" conduit over 200 feet. EA 52. Install FP&L 1CC- #1/0 XPE primary cable in 2" conduit 100 feet or less. EA 53. Install FP&L 1CC- #1/0 XPE primary cable in 2" conduit 101 to 400 feet. EA 54. Install FP&L 1CC- #1/0 XPE primary cable in 2" conduit over 400 feet. EA 55. Install FP&L 3CC-1000KCMIL XPE Feeder cable in 6" conduit 50 feet or less. EA 56. Install FP&L 3CC-1000KCMIL XPE Feeder cable in 6" conduit over 50 feet. EA 57. Terminate #4/0 HDPE TPX secondary cable complete EA 58. Terminate #1/0 XPE primary cable complete EA 59. Terminate 3CC-1000KCMIL XPE feeder cable complete. EA 60. Splice #1/0 XPE primary cable complete. EA 61. Splice 3CC-1000KCMIL XPE feeder cable complete. EA MISCELLANEOUS 62. Install single phase Pad-mounted Transformer complete with terminations & grounding on existing pad. EA 63. Install open delta (2 TXs) Pad-mounted Transformers complete with terminations & grounding on existing pad. EA 64. Install three phase Pad-mounted Transformer complete with terminations & grounding on existing pad. EA 65. Install Vista Switch complete with terminations & grounding on existing pad & chambers. EA 66. Install 3CC-1000KCMIL FP&L Feeder Riser on existing wood pole complete excluding switches. EA 67. Install Padmounted Capacitor Bank Complete ( including installing cabinet, cable, capacitor, grounding) EA 68. Management of Traffic (MOT) flagmen. HOUR 69. Access Customer Cable to intercept existing UG customer owned electric service. (Locating service, cutting customer metal pipe, and associated excavation & site restoration) EA 70. Convert Existing FPL Service Meter Enclosure Only (200AMP 240volt single Phase) EA 71. Install FPL UG Service ( 4/0 TPX, including 2” conduit, cable, 24” trench hand dig and site restoration) FT 72. Install FPL UG Service ( Parallel 4/0 TPX, including 2” conduit, cable, 24” trench hand dig and site restoration) FT 73. Prep, Remove & Install Asphalt Repair (FDOT for A1A, Town of Gulf Stream/designee for all other areas) SQ-YRD 74. Prep, Remove & Install Concrete Sidewalk Repair SQ-YRD 75. Install Acorn Street Light (Base, Pole & fixture). EA 76. Install Cobra Type Street Light (Base, Pole & fixture). EA P -8- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 ADDENDUM RECEIPT ACKNOWLEDGEMENT TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Name of Bidder _______________________________________________________________ Bidders shall acknowledge below the receipt of any and all Addenda, if any, to the drawings and Specifications, listing the Addenda by number or letter designation and date: Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Addendum ____ Dated: ___________ Signature of Bidder P -9- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 I (We), the undersigned, hereby certify that I (we) have carefully examined this Proposal after the same was completed, and have verified each item placed thereon; and I (we) agree to indemnify, defend, and hold harmless the Town against any cost, damage, or expense which it may incur or be caused by any error in my (our) preparation of same. CORPORATION: PARTNERSHIP: Principal (Bidder) Seal Principal (Bidder) By: Signature: (1) President or Vice President Seal Co-Partner or GP Attest: Signature: (2) Secretary (or Assistant Secretary) Co-Partner or GP Seal Witness: (1) (Affix Corporate Seal) Witness: (1) Witness: (2) Witness: (2) INDIVIDUAL OR FIRM TRADING AS: Principal (Bidder) Signature: Individual or Town Witness: (If Partnership, list names and address of each partner on a separate sheet) ******************************************************************************************** P -10- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of ______________________ in the year 2013. Notary: [NOTARIAL SEAL] Print Name: Notary Public, State of My commission expires: Personally Known OR Produced Identification Type of Identification Produced: ____________________________________ BB -1- EXHIBIT 2 BIDDER’S BOND TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE KNOW ALL MEN BY THESE PRESENT, that we, ________________________________ __________________________________________________ (hereinafter called the Principal), and ______________________________________________________________________________ (hereinafter called the Surety), a Corporation chartered and existing under the laws of the State of ________________________ with its principal offices in _____________________, and authorized to do business in the State of Florida, and the Town of Gulf Stream, Florida, and having an Agent resident therein, such Agent and Company acceptable to the Town of Gulf Stream, in the full and just sum of _________________________________________Dollars ($ _______________) good and lawful money of the United States of America, to be paid upon demand of the Town of Gulf Stream, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these present. WHEREAS, the Principal is about to submit, or has submitted to Town of Gulf Stream a proposal for the construction of Project No. 2012/13-50, PHASE ONE UTILITY UNDERGROUNDING INITIATIVE and ALTERNATE BID ITEM No.1: STREET LIGHTING IMPROVEMENTS, for said Town; WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified bidder’s check otherwise required to accompany this proposal. NOW THEREFORE, the conditions of this obligation are such that if the Proposal is accepted the Principal shall within ten (10) calendar days after receipt of notification of the acceptance thereof, execute a contract in accordance with the Proposal and upon the terms, conditions and price set forth therein, in the form and manner required by the Town of Gulf Stream, and execute sufficient and satisfactory Performance and Payment Bonds, each payable to the Town of Gulf Stream, each in an amount of one hundred percent (100%) of the total contract price, as indicated in the proposal, in form BB -2- and with security satisfactory to the said Town, then this obligation to be void, otherwise to be and remain in full force and virtue in law; and the Surety shall upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above immediately pay to the aforesaid Town upon demand the amount hereof in good and lawful money of the United States of America, not as a penalty but as liquidated damages. IN TESTIMONY THEREOF, the Principal and Surety have caused these present to be duly signed and sealed this ___________ day of ________________________2013. PRINCIPAL SURETY SS -1- EXHIBIT 3 SUBSTITUTION SHEET TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Bidder’s Name: DESCRIPTION OR MAKE PROPOSED ADD DEDUCT BID ITEM NO. SPECIFIED SUBSTITUTION $___________ $ $___________ $___________ $___________ $___________ $___________ $___________ $___________ $___________ SI -1- EXHIBIT 4 SUBCONTRACTOR INFORMATION STATEMENT TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Bidder’s Name: Subcontractor’s Name Telephone No. Address License No. Work to be Performed Total dollar amount to be Awarded to Subcontractors: . This Subcontractor Information Statement will become a part of the Contract Documents. Changes made to this Subcontractor Information Statement must be submitted in writing to Town for approval prior to that subcontractor performing the Work. CORPORATION: PARTNERSHIP: Principal (Bidder) Seal Principal (Bidder) By: Signature: (1) President or Vice President Seal Co-Partner or GP Attest: Signature: (2) Secretary (or Assistant Secretary) Co-Partner or GP Seal Witness: (1) (Affix Corporate Seal) Witness: (1) Witness: (2) Witness: (2) SI -2- INDIVIDUAL OR FIRM TRADING AS: Principal (Bidder) Signature: Individual or Town Witness: (If Partnership, list names and address of each partner on a separate sheet) ******************************************************************************************** STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of ______________________ in the year 2013. Notary: [NOTARIAL SEAL] Print Name: Notary Public, State of My commission expires: Personally Known OR Produced Identification Type of Identification Produced: ____________________________________ Q -1- EXHIBIT 5 QUALIFICATION OF BIDDERS TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Bidder’s Name: This bid will be awarded only to a responsible bidder qualified by experience to provide the work specified . The bidder shall submit the following information with this proposal by attachment hereto: 1. Experience record showing the bidder’s training and experience in similar work. 2. A list and description of similar recent work satisfactorily completed with location, dates of contracts, names, addresses, and phone numbers of owners. Only include Projects with contract amounts exceeding $100,000. 3. A list of equipment /facilities available to accomplish the work. 4. A list of all employees, their job titles, positions, work history, work experience, and work expertise. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ R-1- EXHIBIT 6 LIST OF REFERENCES TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Bidder’s Name: OWNER’S NAME TELEPHONE & ADDRESS NUMBER PROJECT CONTACT PERSON DF-1- EXHIBIT 7 NON-COLLUSION AFFIDAVIT OF BIDDER TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Bidder’s Name: State of ______________________________ County of ____________________________ _________________________________________, being first duly sworn, disposes and says that: (Name/s) 1. They are ____________________of ________________________________ the Bidder that (Title) (Name of Company) has submitted the attached bid; 2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither 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, firm 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 communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Town of Gulf Stream 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) ________________________________________ DF-2- STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of ______________________ in the year 2013. Notary: [NOTARIAL SEAL] Print Name: Notary Public, State of My commission expires: Personally Known OR Produced Identification Type of Identification Produced: ____________________________________ DF-3- EXHIBIT 8 DRUG FREE WORKPLACE FORM TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE The undersigned vendor in accordance with Florida Statute 287.087, as amended from time to time, hereby certifies that _________________________________________________________________ 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 violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendere to any violation of Chapter 893, Florida Statutes, as amended from time to time, 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. __________________________ Bidders Signature __________________________ Date FTC-1- EXHIBIT 9 FLORIDA TRENCH SAFETY COMPLIANCE TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Bidder’s Name: Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96), Laws of Fl., effective October 1, 1990, as amended from time to time. The bidder further identifies the costs to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure Quantity Cost {Description} {LF, SY} A. _____________ __________ __________ __________ __________ B. _____________ __________ __________ __________ __________ C. _____________ __________ __________ __________ __________ D. _____________ __________ __________ __________ __________ E. _____________ __________ __________ __________ __________ F. _____________ __________ __________ __________ __________ FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BID BEING DECLARED NON- RESPONSIVE. EXHIBIT 10 CONTRACTOR VERIFICATION FORM TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE THE FOLLOWING IS TO COMPLETED BY BIDDER: Name of Firm: Corporate Title: Address: (Zip Code) By: (Print name) (Print title) ______________________________________________ (Authorized Signature) Telephone: ( ) _______________________________ Fax: ( ) _______________________________ State License # _____________________________________ (ATTACH COPY) County License # _____________________________________ (ATTACH COPY) Town License # N/A (required before commencement of work) Type of License: N/A Unlimited _________________ (yes/no) If “NO”, Limited to what trade? CD-1- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 EXHIBIT 11 AGREEMENT TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE This Agreement made and entered into this ___ day of , 2013 by and between the Town of Gulf Stream, Florida, a municipal corporation in Palm Beach County, Florida, party of the first part, hereinafter called the Town, and_____ , party of the second part, hereinafter called the Contractor, and duly authorized to do business in the State of Florida and in Palm Beach County, Florida and in the Town of Gulf Stream. WITNESSETH, that the Contractor and the Town, for the consideration hereinafter named, agree as follows: Article I - SCOPE OF WORK The Contractor hereby agrees to furnish all the materials, equipment, and labor necessary to perform in a good, firm, substantial, workmanlike manner, in accordance with the Invitation to Bid and the Contractor’s Proposal, all the work, as defined in the Contract __________(insert: including or excluding) the Additive Alternate Bid(s) Number(s) __________________ as shown in the Work Plan and described in the specifications for the project entitled: TOWN OF GULF STREAM, FLORIDA PROJECT NO. 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE For the completion of all work set forth in the contract documents, which are: Invitation to Bid, Instruction to Bidders, Proposal, Bid Guaranty, Agreement, Performance Bond, Payment Bond, Insurance Requirements, Standard Terms and Conditions, General Conditions, Exhibits, and Construction Details and Specifications dated _____________(insert date) for the __________ (insert: Base Bid or Total Bid) amount of: , Dollars ($ ____________ ) (to the Contractor by the Town, all in accordance with the requirements and provisions of the Contract Documents. ARTICLE II - TIME OF COMPLETION The Work to be performed under this Contract shall commence on the date of Notice to Proceed. The Work shall be Substantially Complete no later than 8 months after Notice to Proceed is given and all Work completed no later than 30 calendar days after Substantial Completion, with such extensions of time as are provided for in the General Conditions. If said Work is not completed within the time stated above, the Contractor shall be liable, and hereby agrees to pay to the Town as liquidated damages and for the extra Engineering and Administrative expenses incurred, and not as a penalty, for the amount stated in Section 33 of the CD-2- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 Bid Documents per calendar day for each and every day or part of a day thereafter that said work remains substantially or fully incomplete. ARTICLE III - PAYMENT (A) Progress Payments. 1. On not later than the fifteenth day of every month the Contractor shall prepare and submit a detailed estimate and payment requisition on a standard EJCDC form addressed to the Project’s Engineer, with copies to Rita Taylor (Town Clerk), covering the percentage of the total amount of the Contract which has been completed based upon the sum of the Value of Completed Work from the start of the job up to and including the last day of the preceding billing period (amount previously paid), together with such supporting evidence as may be required by the Town and/or Contractor. Partial Release(s) of Lien and Subcontractor Utilization Report shall be submitted with each payment requisition to verify payment(s) to subcontractors and material suppliers. The Town shall retain 10% of the value of each invoice issued for the Project (the "Retainage"). 2. Within 30 days after receipt and approval of Contractors invoice, the Town shall pay to the Contractor ninety percent (90%) of the amount invoiced based upon the Value of Completed Work Units that have been accepted and invoice as approved by the Engineer, less the aggregate of previous payments. It is agreed that the Engineer shall have the right to finally determine the amount currently due to the Contractor. 3. To support timely and appropriate progress payments against the base bid, Contractor hereby agrees to the allocation of the Lump Sum Bid Price according to the following schedule of values for the respective components of the Work as a percentage of the lump sum bid amounts: A. Installation of FPL conduit & concrete products: ____________% B. Installation of FPL padmounted transformer stations, switches, and capacitors …….………..: _____________% C. Installation of FPL primary & secondary cable ..: _____________% D. Installation of communications conduits ….…...: _____________% E. Conversion of Overhead Electric Services ….....: _____________% (Total for Base Bid items A through E to Equal 100% ) F. Installation of Street Lighting conduit…………: _____________% G. Installation of Street Lighting wire handholes…: _____________% H. Installation of Street Lighting poles & fixtures…: _____________% (Total for Alternate Bid Item #1 items F through H to equal 100%) CD-3- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 PLEASE NOTE: Submittals of estimates and invoices for payment must be directed to the Project’s Engineer so that they may be processed for recommendation and approval. The Town will not be responsible for any delay in meeting the above mentioned payment schedule if the Contractor submits his estimate and invoice to another person or which do not reflect the verified completed work components. Partial payments will be made based on completion of units as indicated on the prints for items A, C, and D. Partial payments for items B and E shall be paid for each item completed as a percentage of the total number of items in the respective category. If included, partial payments for street lighting shall be paid in a like manner relative to units of wire completed, units of conduit completed, number of fixtures completed. (B) Final Payment 1. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within fifteen (15) calendar days make such inspection and when he finds the work acceptable under the Contract, and Contract fully performed, and acceptable to the respective utilities, he will promptly issue a final certificate over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the Retainage, shall be paid to the Contractor by the Town within seventy (70) calendar days after the date of said Final Certificate. 2. Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all utility acceptance has been secured, and that all payrolls, materials bills, and other indebtedness connected with the Work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety or Performance Bond satisfactory to the Town guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by Surety or Performance bond. 3. If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of the contractor, and the Engineer so certifies, the Town shall, upon receipt of the certificate of the Engineer, and without terminating the contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver. 5. The Contractor must have satisfied the conditions of Section 32 of the Bid Documents. CD-4- TGS Con RFP Doc PH1 6-5-2013.doc 6/8/2013 Town of Gulf Stream, Florida ATTEST: By________________________________ _____________________________________ Mayor/or Designee Town Clerk (Seal) ATTEST: Contractor By__________________________________ _____________________________________ Title Title (Seal) PFB-1- EXHIBIT 12 PERFORMANCE BOND (This Bond meets and exceeds the requirements of Florida Statutes Section 255.05, as amended from time to time) TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE STATE OF FLORIDA ) ) ss.: COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we , as Principal, hereinafter called the Contractor, and _ ___________________________, as Surety, are held and firmly bound unto Town of Gulf Stream, as obligee, (hereinafter called the “Town”), in the Penal sum Dollars, ($ ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Contractor, on the _________ day of ___________________, 2013, entered into a certain contract with the Town, hereto attached, for Sealed Bid No. _2012/13-50_, Entitled Project No., 2012/13-50, PHASE ONE UTILITY UNDERGROUNDING INITIATIVE [and ALTERNATE BID ITEM No.1: TOWN STREET LIGHTING IMPROVEMENTS, if applicable] which Contract is made a part hereof by reference thereto. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal is declared by the Town to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the Town having performed the Town’s obligations there under, the Surety shall: 1. Complete the Contract in accordance with its terms and conditions, or at Town’s sole option. 2. Obtain a Bid or Bids for submission to the Town for completing the Contract in accordance with its terms and conditions, and upon determination by the Town and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the Town, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or PFB-2- 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 the Town to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the Town to the Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Town named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the Town and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys’ fees, engineering and architectural fees or other professional services which the Town may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor’s or subcontractor’s agents, servants and/or employees, in, about or on account of the construction of the work and performance of said Contract by the Contractor. This bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the Town as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the Town of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials on the ____________ day of ________________, 2013. PRINCIPAL (If sole Proprietor or Partnership) WITNESSES: ___________________________________ (Firm Name) _____________________________ BY: _______________________________ _____________________________ ___________________________________ Title: (Sole Proprietor or Partner) PFB-3- PRINCIPAL (If Corporation) ___________________________________ (Corporate Name) BY: _______________________________ (President) Attest: ___________________________ (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY _______________________ _______________________________ (Attach Copy of Agent’s current License as issued by State of Florida Insurance By:___________________________ Commissioner) Attorney-in-fact (Power of Attorney must be attached) (CORPORATE SEAL) PYB-1- EXHIBIT 13 PAYMENT BOND (SECTION 255.05, FLA. STAT., AS AMENDED FROM TIME TO TIME) TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE BY THIS BOND, we as Principal, and _________________________________________________________________ as Surety, are held and firmly bound to Town of Gulf Stream, as obligee, (hereinafter called the Town), in the sum of $ for payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., as amended from time to time, supplying principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays the Town all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that the Town sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes do not affect Surety’s obligation under this bond. The provisions of Section 255.05, Fla. Stat., as amended from time to time, are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated __________________, 2013, between the Town and Principal is made a part of this Bond by reference. Claimants are advised that Section 255.05, Fla. Stat., as amended from time to time, contains notice and time limitation provisions which must be strictly complied with. PYB-2- IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this _____________ day of ____________ 2013, A.D., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If sole Township or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: _________________________________ __________________________________ (Affix Signature of Authorized Officer Seal) WITNESSES: __________________________________ Title __________________________________ Business Address __________________________________ City State SURETY: _________________________________ Corporate Surety WITNESSES: _________________________________ (Affix Attorney-in-Fact Seal) __________________________ _________________________________ Business Address __________________________ ________________________________ COUNTERSIGNED BY City State RESIDENT FLORIDA AGENT OR SURETY _________________________________ Name of Local Insurance Agency AF -1- EXHIBIT 14 AFFIDAVIT TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared who, after being first and duly sworn, upon oath disposes and says that all lienors contracting directly with or directly employed by (him, them, it) and all bills, wages, fees, claims or other charges incurred by in connection with the construction of PHASE ONE UTILITY UNDERGROUNDING INITIATIVE [and ALTERNATE BID ITEM No.1: TOWN STREET LIGHTING IMPROVEMENTS, if applicable] have been paid in full. SIGNED: ___________________________ WITNESS: ___________________________ ___________________________ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2013 by who is personally known to me or who has produced as identification and who did (did not) take an oath. Notary (Print & Sign Name) Commission No. EXHIBIT 15 FINAL/PARTIAL RELEASE OF LIEN TOWN OF GULF STREAM CERT- 2- PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE FINAL AFFIDAVIT STATE OF FLORIDA ) ) ss.: COUNTY OF ) Personally appeared before me, the undersigned authority, ______________________ (the “Affiant”), who, being first duly sworn on oath, deposes and says: 1. The Affiant is the [title] of [name of corporation], a [insert state] corporation (“Contractor”). 2. Contractor, pursuant to a contract with Town of Gulf Stream (the “Town”) for the furnishing of certain labor, materials and/or services (“Contract”) has heretofore furnished or caused to be furnished labor, materials and/or services for PHASE ONE UTILITY UNDERGROUNDING INITIATIVE [and ALTERNATE BID ITEM No.1: TOWN STREET LIGHTING IMPROVEMENTS, if applicable] (the “Project”). 3. That for and in consideration of the final payment for all labor, services and/or materials provided for the Project, Contractor hereby finally and irrevocably releases all causes of action, rights, claims, demands, interest, damages, costs, expenses, attorneys’ fees, profits and pecuniary rights of whatever nature, known or unknown at the time of this waiver, but not already filed with the Town, which may arise and inure to the undersigned Contractor for reasons including, but not limited to, additional monetary compensation, time, or other adjustments to the Contract, for labor, services and/or materials furnished to the Town, for . 4. Contractor represents and warrants that all work to be performed under the Contract was fully completed in accordance with the terms of the Contract on or before , 2013 . 5. Contractor represents and warrants that Contractor disbursed to all lienors, as defined by Section 713.01(16), Florida Statutes (“Lienors”), having an interest in the Contract for ___ _____ their pro rata shares of the payment out of previous progress payments received by the undersigned Contractor for all work completed and materials furnished in the previous period, less any retainage withheld by the undersigned pursuant to an agreement with any Lienor, as approved by the Town for payment. In addition, the undersigned, hereby certifies that within thirty (30) days of receipt of the final progress payment, the undersigned Contractor will pay all Lienors having an interest in the Contract their pro rata shares of the payment for all work completed and materials furnished, unless the undersigned demonstrates good cause for not making any such required payment and furnishes written notification of any such good cause to both the Town and the Lienors within such thirty (30) day period. CERT- 3- 6. Affiant represents and warrants that Affiant has full authority to execute this Affidavit on behalf of the Contractor; and 7. That this Affidavit is made with full knowledge of the applicable laws of the State of Florida, and Affiant is aware of the nature of an oath. In addition to such rights as may be afforded to the Town under said applicable laws, the Contractor expressly agrees to indemnify, defend and hold the Town harmless from any and all costs and expenses, including attorneys' and paralegals' fees at all trial, appellate and bankruptcy proceedings, arising out of claims by subcontractors who may claim non-payment for labor, services and/or materials provided for the Project. Signature Printed Name Signature Printed Name CONTRACTOR By: Title: Date: _, 2013 [Corporate Seal] STATE OF FLORIDA ) ) ss.: COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ______________ in the year 2013 by ______________________________________, _________________________ a ____________________________ corporation, on behalf of the corporation. He/she is personally known to me or has produced ________________ as identification. NOTARY SEAL Notary: Print Name: Notary Public, State of Florida My commission expires: _______________________ CERT- 4- CERTIFICATION FOR PROGRESS PAYMENT AFFIDAVIT The undersigned, in consideration of the progress payment in the amount of $_______________________ DOLLARS, the receipt of payment is acknowledged, hereby certifies that the undersigned has disbursed to all subcontractors and suppliers having an interest in the Agreement for the Town of Gulf Stream _________________ (“Agreement”) their pro rata shares of the payment out of previous progress payments received by the undersigned for all work completed and materials furnished in the previous period, less any retainage withheld by the undersigned pursuant to an agreement with a subcontractor, as approved by the Town for payment. The Town will not make any progress payments before receipt of this certification, unless the undersigned demonstrates good cause for not making the required payment and furnishes written notification of any such good cause to both the Town and the affected subcontractors and suppliers. Signature Printed Name Signature Printed Name CONTRACTOR By: Title: Date: , 2013 [Corporate Seal] STATE OF FLORIDA ) ) ss.: COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ______________ in the year 2013 by , ___________________________________ a ____________________________ corporation, on behalf of the corporation. He/she is personally known to me or has produced ________________ as identification. NOTARY SEAL Notary: Print Name: Notary Public, State of Florida My commission expires: _______________________ CCP -1- EXHIBIT 16 CERTIFICATION OF CORRECT PREPARATION TOWN OF GULF STREAM PROJECT NO: 2012/13-50 PHASE ONE UTILITY UNDERGROUNDING INITIATIVE Bidder’s Name: The undersigned agree(s) to perform all work, as provided for in the Contract Documents, and to execute the Contract by _____________________. The undersigned further agrees to furnish a sufficiently satisfactory Performance and Payment Bond in the sum of not less than one hundred percent (100%) of the Contract Price of the Work as indicated by the approximate quantities shown here, by ______________. A Bid Guaranty in the amount of at least five percent (5%) of the Total Bid Price must accompany each Bid. The Bid Guaranty shall be payable to the Town. The Bid Guaranty is to be forfeited as liquidated damages if, in case this Bid is accepted, the undersigned shall fail to execute the attached Contract under the conditions of this Bid; otherwise, said Bid Guaranty is to be returned to the undersigned upon the delivery of a satisfactory Performance and Payment Bond. I (We), the undersigned, hereby acknowledge that submission of the Bid constitutes an incontrovertible representation by the undersigned that without exception the Bid was premised upon performing the work required by the Contract documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract documents are sufficient in scope and detail to indicate and covey an understanding of all terms and conditions for performance of the work. The undersigned also acknowledges that the undersigned will not be entitled to any additional compensation or time extensions based upon alleged differing conditions that should have been reasonably anticipated by the undersigned. Town officials and employees are prohibited from soliciting and accepting funds or gifts from any person who has, maintains, or seeks business relations with Town. I (We), the undersigned, hereby certify that I (we) have carefully examined this Bid after the same was completed, and have verified each item placed thereon; and I (we) agree to indemnify, defend, and hold harmless Town against any cost, damage, or expense which it may incur or be caused by any error in my (our) preparation of same. [signature page follows] CCP -2- CORPORATION: PARTNERSHIP: Principal (Bidder) Seal Principal (Bidder) By: Signature: (1) President or Vice President Seal Co-Partner or GP Attest: Signature: (2) Secretary (or Assistant Secretary) Co-Partner or GP Seal Witness: (1) (Affix Corporate Seal) Witness: (1) Witness: (2) Witness: (2) INDIVIDUAL OR FIRM TRADING AS: Principal (Bidder) Signature: Individual or Town Witness: (If Partnership, list names and address of each partner on a separate sheet) CCP -3- ******************************************************************************************** STATE OF ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of ______________________ in the year 2013. Notary: [NOTARIAL SEAL] Print Name: Notary Public, State of My commission expires: Personally Known OR Produced Identification Type of Identification Produced: ____________________________________