Loading...
HomeMy Public PortalAboutPublic Works Const. Srvcs Agrmt Foster Marine 08/2020PUBLIC WORKS CONSTRUCTION SERVICES AGREEMENT This Agreement for Public Works Construction Services ("Agreement") is made as of the 1q* day of , 2020, by and between the Town of Gulf Stream, 100 Sea Road, Gulf Stream, Plorida 33483, a municipal corporation organized and existing under the laws of the State of Florida, ("TOWN"), and Foster Marine Contractors, Inc., 3180 Fairlane Farms Road, Wellington, FL 33414, a company authorized to do business in the State of Florida ("CONTRACTOR"). RECITALS WHEREAS, the TOWN is in need of a contractor to provide the TOWN with public works construction services; and, WHEREAS, the Village of Wellington through its competitive selection process awarded a public works construction services contract, specifically No. 007-15/DZ ("Wellington Contract") to the CONTRACTOR for substantially the same public works construction services sought by the TOWN; and, WHEREAS, the TOWN requested, and the CONTRACTOR has executed this Agreement with the TOWN for the TOWN'S public works construction services based on the pricing and terms and conditions of the Wellington Contract; and, WHEREAS, the TOWN desires to accept CONTRACTOR'S pricing by piggy- backing the Wellington Contract including all terms, conditions and pricing therein. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. Wellington Contract, The Wellington Contract with the CONTRACTOR is hereby expressly made a part of this Agreement as fully as if set forth at length herein. The TOWN shall have all rights, obligations and remedies authorized to the Village of Wellington under the Wellington Contract and all associated and applicable Contract Documents as defined therein. 3. CONTRACTOR'S Proposal. In accordance with the terms and conditions in the Wellington Contract and pricing therein, the CONTRACTOR shall provide public works construction services as requested by the TOWN. Once notified by the TOWN of the request the CONTRACTOR shall develop a proposal for the project, based on the unit prices of the Wellington Contract. The services to be provided by the CONTRACTOR shall commence subsequent to the execution and approval of this Agreement by the TOWN in accordance with the Wellington Contract. 1 4. Contract Documents and Conflict of Terms and Conditions. The Contract Documents for this Agreement are compromised of the following: A. All written modifications and amendments hereto; B. This Agreement (including all exhibits, if any); C. The Wellington Contract (including all Contract Documents as defined therein); and, D. All specifications and drawings provided by the TOWN, if any. The Contract Documents of this Agreement are intended to be complementary and interpreted in harmony so as to avoid conflict with the words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict or ambiguity between or among the Contract Documents of this Agreement, the Contract Documents of this Agreement shall take precedence in the following order: A. All written modifications and amendments hereto; B. This Agreement; C. The Wellington Contract; D. All specifications and drawings provided by the TOWN, if any. 5. Comr)ensation to Contractor. Payments by the TOWN to the CONTRACTOR under this Agreement shall be approved by the TOWN Commission or Town Manager, as applicable, in the form of a purchase order. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Agreement. 6. Miscellaneous Provisions. 6.1 The TOWN and CONTRACTOR each binds itself, its partners, its successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 6.2 CONTRACTOR shall maintain the insurance as required in Wellington Contract applicable to the services being delivered hereunder. Said insurance will name the TOWN as an additional insured. 6.3 Headings and References & Exbibits: The headings contained in this Agreement are inserted for convenience of reference only and shall not be a part or control or affect the meaning hereof. All references herein to Exhibits are to the exhibits hereto, each of which shall be incorporated into and deemed to be a part of this Contract. 6.4 Counterparts: This Agreement may be executed in two or more counterparts, each of which will be deemed an original, and all of which taken together will constitute one single agreement between the parties with the same effect as if /I all the signatures were upon the same instrument. 6.5 Entire Contract; Amendment and Waiver: This Agreement (together with the Exhibits hereto) supersedes any and all prior negotiations and oral or written agreements heretofore made relating to the subject matter hereof and, except for written agreement, if any, executed and delivered simultaneously with or subsequent to the date of this Contract, constitutes the entire agreement of the parties relating to the subject matter hereof. This Agreement may not be altered or amended except by a writing signed by the parties hereto. No waiver of any of the terms or conditions of this Agreement shall be effective unless in writing and executed by the party to be changed therewith. No waver of any condition or of the breach of any term, covenant, representation, warranty or other provision hereof shall be deemed to be construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation, warranty or other provision contained in this Contract. 6.6 Successors and Assigns: This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their respective successors and assigns. 6.7 Governing Law; Consent to Jurisdiction: This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of Florida. Each of the parties hereto (a) irrevocably submit itself to the exclusive jurisdiction of the Fifteenth Judicial Circuit Court in and for Palm Beach County, Florida for state actions and jurisdiction of the United States District Court for the Southern District of Florida, Palm Beach Division, for the purposes of any suit, action or other proceeding arising out of, or relating to, this Contract; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in any suit, action or other proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason whatsoever; and (c) to the extent permitted by applicable law, any claim that such suit, action or proceeding by any part hereto is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such courts. 6.8 Third Party Beneficiary rights: This Agreement shall create no rights or claims whatsoever in any person other than a party herein. 6.9 Severability: If any one or more of the provisions of the Agreement shall be held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 6.10 Effective date/Renewal: The effective date of this Agreement is the date the Agreement is approved by the TOWN Commission and shall extend for the same length of time as the Wellington Contract, including any renewals. 3 /1 6. 11 CONTRACTOR shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the TOWN as provided under section 119.011(2), Florida Statutes, specifically agrees to: 1. Keep and maintain public records required by the Town to perform the services being performed by the Contractor. 2. Upon request from the Town's custodian of public records or designee, provide the Town with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that records exempt or confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the Town. 4. Upon completion of the Contract, transfer at no cost to the Town, all public records in possession of the Contractor or keep and maintain public records required by the Town to perform the service. If the Contractor transfers all public records to the Town upon completion of the Contract, the Contractor shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Town, upon request from the Town's custodian of public records or designee, in a format that is compatible with the information technology systems of the Town. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: TOWN CLERK 100 SEA ROAD GULF STREAM, FLORIDA 33483. (561) 276-5116 rtaylorggulf-stre am. org 6.12 Preparation: This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. 6.13 PALM BEACH COUNTY INSPECTOR GENERAL: The CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the CONTRACTOR and its subcontractors and lower tier subcontractors. 4 6.14 All notices required in this Agreement shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Agreement. 6.15 The TOWN is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the TOWN, nor is the CONTRACTOR authorized to use the TOWN'S Tax Exemption Number in securing such materials. 7. Defaults. termination of agreement 7.1 If the CONTRACTOR fails to timely perform the Scope of Work or has failed in any other respect to satisfactorily perform in accordance with this Agreement; or, is in material breach of a term or condition of this Agreement, the Town Manager may give written notice to the CONTRACTOR specifying defaults to be remedied. Such notice shall set forth the basis for any dissatisfaction and suggest corrective measures. If the CONTRACTOR does not remedy defaults within the allotted time or commence good faith steps to remedy the default to the reasonable satisfaction of the Town Manager, the TOWN may take such action to remedy the default and all expenses related thereto shall be borne by the CONTRACTOR including, without limitation, utilization of another contractor to provide for such work; and/or, the TOWN may withhold any money due or which may become due to the CONTRACTOR for such expense and/or work related to the claimed default. Alternatively, or in addition to the foregoing, if after three (3) days the CONTRACTOR has not remedied defaults or commenced good faith steps to remedy defaults to the satisfaction of the Town Manager, the TOWN may elect to terminate this Agreement. No compensation shall be paid for de- mobilization, take-down, disengagement wind -down, lost profits or other costs incurred due to termination of this Agreement under this paragraph. 7.2 Notwithstanding paragraph 7.1, the TOWN reserves the right and may elect to terminate this Agreement at any time, with or without cause. At such time, the CONTRACTOR would be compensated only for that work which has been satisfactorily completed to the date of termination. No compensation shall be paid for de -mobilization, take-down, disengagement wind -down, lost profits or other costs incurred due to termination of this Agreement under this paragraph. 8. Public Entity Crimes. CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted Contractor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier or sub- contractor under a contract with any public entity; nd may not 5 transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Contractor list. CONTRACTOR will advise the TOWN immediately if it becomes aware of any violation of this statute. 9. Indemnity. The parties recognize that the CONTRACTOR is an independent contractor. The CONTRACTOR agrees to assume liability for and indemnify, hold harmless, and defend the TOWN, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR, its agents, officers, contractors, subcontractors, employees, or anyone else utilized by the CONTRACTOR in the performance of this Agreement. The CONTRACTOR'S liability hereunder shall include all attorney's fees and costs incurred by the TOWN in the enforcement of this indemnification provision. This includes claims made by the employees of the CONTRACTOR against the TOWN and the CONTRACTOR hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this Contract. Subject to the limitations set forth in this Section, CONTRACTOR shall assume control of the defense of any claim asserted by a third party against the TOWN and, in connection with such defense, shall appoint lead counsel, in each case at the CONTRACTOR'S expense. The TOWN shall have the right, at its option, to participate in the defense of any third -party claim, without relieving CONTRACTOR of any of its obligations hereunder. If the CONTRACTOR assumes control of the defense of any third -party claim in accordance with this paragraph, the CONTRACTOR shall obtain the prior written consent of the TOWN before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, the CONTRACTOR shall not assume or maintain control of the defense of any third -party claim, but shall pay the fees of counsel retained by the TOWN and all expenses, including experts' fees, if (i) an adverse determination with respect to the third - party claim would, in the good faith judgment of the TOWN, be detrimental in any material respect to the TOWNS reputation; (ii) the third -party claim seeks an injunction or equitable relief against the TOWN; or (iii) the CONTRACTOR has failed or is failing to prosecute or defend vigorously the third -party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third -party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06, Florida Statutes, as amended. CONTRACTOR expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06, Florida Statues. Nothing contained in the foregoing indemnification shall be construed as a waiver of any immunity or limitation of liability the TOWN may have under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. 6 10. Warranty. CONTRACTOR shall provide a warranty to the TOWN for services performed and/or material installed in accordance with the warranty provision, if any, of the Wellington Contract. IN WITNESS WHEREOF, the TOWN and CONTRACTOR have caused this Public Works Construction Services Agreement to be executed the day and year shown above. TOWN OF GULF STREAM ATTEST: �ZI(4 -Date:-- /— Town Clerk Gregory u}ham, Town Manager Date: /i�/�LbZ© FOR CORPORATION: FOSTER MARINE CONTRACTORS, INC. R. Hovyard Wight, President (CORPORATE SEAL) Date: Gulfstream Minor Drainage and Roadway Project Revised 8/11/20 Per a!7 E -Mail Foster Marine Contractors, Inc. id Schedule per Baxter and Woodman Scope (5/4120) + 7/22 E -Mail and 8/7,8/12 E -Mail from B & W with Revised Sco Item R Description Qty Unit Price Total BASE BID Scope per B 8t W Report (Table 3) 1 Site Mobilization, Demobilization, Bonds and Insurance 1 LS 19,250.00 19,250.00 A She klobllization, Demobilization, General Conditions and Insurance Site Mobilization, Demobilization 1 LS Included Supervision / Project Management 1 LS Included Density testing 1 LS Included Property Lot Rertal (use lot behind Public Works) 0 LS Town Provided Layout +i 1 LS Included As -Built Record Drawings 0 LS Not included e Payment and Perfomtance Bond (2% of Work Order 0 Ls Not included Amount) 2 Maintenance ofTrafSc 1 LS 8,200.00 8,200.00 3 NPEDES Permit / Erosion Protection Measure 1 Ls 3,000.00 3,000.00 4 Professional Video I 1 L8 8,000.00 6,000.00' — Gene ' 8 Mill Existing Asphalt 1' / Hauloff 120 BY 65.00 8,600.00 6 and 7 Asphalt Street Widening 1216 BY 100.88 122.670.00 V kcc r Polo Drive (S Sid; 3247 Polo Dr to Lakeview 430'), Polo Drive (Lakeview to Old School 1000'); Old School Roed(W side 445 Old School to Wright 359): A Banyan (Polo Drive to Gulfstream 350'); Lakeview (east of 5,140 LF 13.00 66,820.00 Gulfstream Road 310') ; SW comer of intersection of Old School and Gultstream Road 66; NW Comer of Golfview and Polo 65'... 5 Locations Sides of Road Lakeview (west of Gulfstream Road 8 650 LF 19.00 12,350.00 3225oth C 3' Fast side of Road Only Gulfstream Road (Lakeview to 1,500 LF 29.00 43,500.00 Gollview 1500') 1' Superpave Asphalt Concrete SP9.5 Surface Course 8 (67 tons @ Widening New Base) +(0 tons @1' Existing 74 Tons 410.00 30,340.00 Asphalt Cutback per detail CUTBACk DELETED) + 7 tons it 1" Overlay at Milled Surface Item 05)- 125 Tons Asphalt Driveway Removaglncludes Removing and 9 Reinstalling existing Brick Border to back of widened $160 SP 7.00 15,120.00 Asphalt Widening) Chatahoochee Driveway Removal ('includes Removing 10 and Reinstalling existing Brick Borders)to back of f! 540 I SF 8.00 4,32(L00 widened Asphalt Widening Concrete Driveway Removal ( Includes Stamped 11 Concrete ; Includes Removing 8 Rinstalting Existing 120 SF 9.00 1,080.00 Brick Border)to back of widened Asphalt Widening Brick Paver Driveway / Walkway Removal to back of 12 widened Asphalt Widening (Bricks left with 3,000 SF 9.00 27,000.00 Homeowner) = revised quantities based on actual scope for driveway removal (not as per MSP) 13 Construct Asphalt Aprons around Existing Inlets 26 Es 990.00 26.740.00 14 Grads and Sod Swale 256 BY 28.00 6,378.00 Gulfstream Minor Drainage and Roadway Project Revised 8/11120 per W E -Mail Foster Marine Contractors, Inc. Item a Description Qty Unit Price Total 16 Sodding Floratam (other than Swale) 2,900 SF 1.90 5,510.00 16 Patch Top Stricture Walls (S -19A Q Intersection of Banyan Road and Gulf Stream Road) 1 Es 1,000.00 1,000.00 �e 17 Sawcut Asphslk Trenchlinstall D Curb (per B&W) on Roadway Radii as directed by Townf B&W 0 LF 38.!10 0.00 1s Clearing and Grubbing 1 LS 18,000.00 18,000.00 Remove/ Trim Landscaping for FMC Work Access 1 LS Included Final Cleanup / Punchlist 1 LS Included 19 Remove and Replace Mailboxes 20 Root Prune Tree — Miscellaneous Restoration (No Landscape Replacement) 26 Es 4 Ea 1 Allowance 1116.00 2,236.00 900.00 3,200.D0 25,000.00 25,000.00 Subtotal Roadway and Drainage 29a,1gtm BASE BID Subtotal Roadway and Drainage per 6/4 B&W Memo and 7/22 +8/7,8/12 E -Mail Revisions d- ALTERNATE BID 330,64100 16a Remove Existing Type C inlet, Install new Type C hist per detail provided by B&W) 1 Ea 6,700.00 5,700.00 Sawcut Asphalt, TrancMnstail D Curb (per B&W) on W Roadway Radii as directed by Towrd B&W (Nominal Unit Price for Oty Reduction from 500 to 65) 55 LF 5000 $750.00 ALTERNATE BID Total Roadway and Drainage per 514 B&W Memo and 7/22 +8/7,8/12 E -Mail Revisions 8,450.00 iE BID AND ALTERNATE Roadway and Drainage per 514 B&W Memo and 7/22 +817,8/12 E -Mail Revisions 33s,osl.00 THE VILLAGE OF ELLINGTON , Council Anne Gerwig, Mayor Michael Drahos, Vice Mayor John I. McGovern, Councilman Michael J. Napoleone, Councilman Tanya Siskind, Councilwoman March 23, 2020 Mr. R. Howard Wight 3180 Fairlane Farms Road Wellington, FL 33414 RE: Contract No. 007-15/DZ —Annual Public Works Contract Subject: Contract Extension Dear Mr. Wight, A GREAT HOMETOWN Manager Paul Schofield The final contract renewal option will expire on July 14, 2020, against the referenced contract. In order to continue these services beyond July 14, 2020, Wellington shall invoke a six (6) month extension through January 14, 2021. The time extension is noted within the Purchasing Manual as stated below: Extension of Contract Extension of a contract shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. A contract may be extended where the terms of the contract provide for the extension or in circumstances deemed in the best interest of Wellington, such as the need for additional time to complete a new competitive solicitation process. This extension will allow time for Wellington to re -bid the subject services and award a new contract. Please note that once the new contract has been awarded, the referenced contract will no longer be valid. This six (6) month extension shall be under the same terms, conditions and pricing through January 14, 2021 By signing below you also certify that pursuant to Florida Statutes 287.135 and 215.4725 that you on behalf or your company: • Is not participating in a boycott of Israel; and • Is not on the Scrutinized Companies that Boycott Israel list; and • Is not on the Scrutinized Companies with Activities in Sudan List; and • Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and • Do not have business operations in Cuba or Syria Your prompt response to this request is greatly appreciated. r r, Sincerely, Contractor: Foster anne Contractors, Inc. / Tisa Bracey Contract Compliance R. How ar ight Dat (561) 791-4112 tbracey( welbngtonftgov 12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 www.wellingtonfl.gov ELT jT�HTE(VIILLLAGE �OTF ELL I N 1 C� 1 V A GREAT HOMETOWN Council Manager Anne Gerwig, Mayor Paul Schofield Michael J. Napoleon, Vice Mayor John T. McGovern, Councilman Michael Drahos, Councilman Tanya Siskind, Councilwoman R. Howard Wight May 8, 2019 Foster Marine Contractors, Inc. 3180 Fairlane Farms Road Wellington, FL 33414 Howard@Foster-Marine.net RE: Contract #007-15/DZ Renewal Dear Mr. Wight: Foster Marine Contractors, Inc. is one of the awardees for contract #007-15/DZ Annual Public Works Contract (SeeAttachedAward Summary). The contract is set to expire on July 14, 2019 and allows for two (2) additional one (1) year renewals by mutual agreement. Wellington would like to exercise the second renewal option through July 14, 2020 under the same pricing, terms and conditions which is conditioned upon subsequent approval by Wellington Council. In accordance with Palm Beach County ordinance number 2011-009, the vendor understands that any Contract that results from an RFP/ITB may be subject to investigation and/or audit by the Palm Beach County Inspector General. The offeror has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. The award is subject to provisions of State Statutes, Palm Beach County Commission on Ethics and Code of Ethics, and Wellington policies. All Proposers must disclose with their Proposal/Renewal the name of any officer, director, or agent who is also a Wellington employee. Further, all Proposers must disclose the name of any Wellington employee who is employed in the Proposer's firm or any of its branches. If any Proposer violates or is a party to a violation of the Wellington, Palm Beach County or Florida Code of Ethics with respect to this Proposal, such Proposer may be disqualified from performing the work described in this Proposal or from furnishing the goods or services for which the Proposal is submitted and shall be further disqualified from bidding on any future Proposals/Bids for work or for goods or services for Wellington. A copy of the Wellington, Palm Beach County Commission on Ethics and Code of Ethics and State Ethics Codes is available at the Wellington Clerk's Office, 12300 Forest Hill Boulevard, Wellington FL 33414. By signing this renewal agreement proposer acknowledges no such conflict. Please indicate acceptance or rejection of the renewal, as indicatef below, and return to my attention by May 16, 2019. If you should have any questions, please contact �m�e�oorr anyone else int /Purchasing Department. /k, Accept Renewal: AP44 � L.J/L,r'// � Printed Name Signature to Reject Renewal: Printed Name Signature Date Thank you, Maria Miserendino 561-791-4154 mmiserendino(Wwellingtonfl.aov 12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 www.wellingtonfl.gov -N )VTHE VILLAGE OF E'IL'LI NGTON AGREAT HOMETOWN Council Manager Anne Gerwig, Mayor Paul Schofield John T McGrnveru, Vice Mayor Michael Drahos. Councilman Michael J Napoleon. Councilman Tanya Siskind. Councihvroman R. Howard Wight March 5, 2018 Foster Marine Contractors, Inc. 3180 Fairlane Farms Road Wellington, FL 33414 Howard@Foster-Marine.net RE: Contract #007-15/DZ Renewal Dear Mr. Wight: Foster Marine Contractors, Inc. is one of the awardees for contract #007-15/DZ Annual Public Works Contract (See Attached Award Summary). The contract is set to expire on July 14, 2018 and allows for two (2) additional one (1) year renewals by mutual agreement. Wellington would like to exercise the first renewal option through July 14, 2019 under the same pricing, terms and conditions which is conditioned upon subsequent approval by Wellington Council. In accordance with Palm Beach County ordinance number 2011-009, the vendor understands that any Contract that results from an RFP/ITB may be subject to investigation and/or audit by the Palm Beach County Inspector General. The offeror has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. The award is subject to provisions of State Statutes, Palm Beach County Commission on Ethics and Code of Ethics, and Wellington policies. All Proposers must disclose with their Proposal/Renewal the name of any officer, director, or agent who is also a Wellington employee. Further, all Proposers must disclose the name of any Wellington employee who is employed in the Proposer's firm or any of its branches. If any Proposer violates or is a party to a violation of the Wellington, Palm Beach County or Florida Code of Ethics with respect to this Proposal, such Proposer may be disqualified from performing the work described in this Proposal or from furnishing the goods or services for which the Proposal is submitted and shall be further disqualified from bidding on any future Proposals/Bids for work or for goods or services for Wellington. A copy of the Wellington, Palm Beach County Commission on Ethics and Code of Ethics and State Ethics Codes is available at the Wellington Clerk's Office, 12300 Forest Hill Boulevard, Wellington FL 33414. By signing this renewal agreement proposer acknowledges no such conflict. I Please indicate acceptance or rejection of the renewal, as indicate low, and return to my attention by March 14, 2018. If you should have any questions, please contact me or anyone else int Purchasing Department. Accept Rene, Printed Name Signature Da Reject Renewal: Printed Name Signature Date Thank you, Emma Ramirez 561-791-4021 eramirez wellinatonfl.eov 12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 www.wellingtonfl.gov AGREEMENT Between VILLAGE OF WELLINGTON and Foster Marine Contractors, Inc. CONSTRUCTION SERVICES FOR Annual Public Works Contract t/ THIS AGREEMENT is made and entered into this day of 2015, between VILLAGE OF WELLINGTON a Florida municipal corporation, through its Village C icil, (hereinafter referred to as "Village"), and Foster Marine Contractors, Inc. a Florida Corporation (hereinafter referred to as "Contractor"), having its principal office at 3180 Fairlane Farms Road, Wellington FL 33414 for the Annual Public Works Contract (hereinafter referred to as the "PROJECT") in accordance with the Contract Documents, hereinafter defined. That the Village and Contractor for the consideration hereinafter named, agree as follows: Definitions. a. Council: The Village Council, which is the governing body of the Village of Wellington, Florida. b. Designated- Representative: An authorized representative of Contractor assigned to represent Contractor on this Project who shall be go WA LI 16 C. Notice to Proceed: A written Notice to Proceed issued by the Project Manager. d. Project Manager: Unless otherwise explicitly stated all contract duties, contract responsibilities, and contract communications of Village shall be made through the Village's Director of Operations or the individual appointed by the Village's Director of Operations. The foregoing sentence shall not apply to Village construction inspections made to assure compliance with applicable regulatory law and which the Village conducts through an independent architect or design professional, in a governmental regulatory capacity. 2. Contract Documents. In addition to this Agreement, the following documents shall comprise the contract documents ("Contract Documents"): (a) plans and specifications attached hereto as Exhibit "A', (b) all Exhibits to this Agreement listed in Paragraph 39 (whether now attached or which will be attached in the future) (c) the performance and payment bond (if applicable); (d) the Notice to Proceed; (e) the Purchase Order, and (f) Modifications issued after execution of this Agreement. All of the Contract Documents, including any not attached hereto, are hereby incorporated by reference and shall be deemed to be of the same force and effect as if actually attached hereto. The Contract Documents shall be interpreted together and in harmony with one another. In the event of a conflict between or among the Contract Documents, whichever document imposes the greater obligation on Contractor shall control. The Contractor must call any such conflict or discrepancy to the Village's attention, in writing. The Contractor shall not proceed when in doubt as to any dimension or measurement but shall seek clarification from the Project Manager. 3. Sipe of Work. The Contractor will provide all materials, supervision, light, power, transportation, labor, tools and equipment necessary to complete the work in strict accordance with the Contract Documents, and perform all work that is reasonably inferable therefrom as being necessary to accomplish the intent of the Contract Documents, and as required by the Manufacturer's specifications and all applicable laws, ordinances and rules and regulations of any governing authority including but not limited to the requirements of the Florida Building Code and any amendments thereto. The work to be performed shall hereinafter be referred to as the "Work". 4. Term,Time of Commencement and Completion The term of the contract shall be for three (3) years from date of award, and by mutual agreement between the Village and the awardee(s), be renewable for two additional one year periods. After receiving notice to commence with the work for a particular project the Contractor shall commence promptly within seventy-two (72) hours and shall efficiently prosecute the work with adequate personnel and equipment until completion, within the timeframe noted within the Notice To Proceed by the Wellington's designee. The time of commencement of the Work shall be the date stated in the Notice to Proceed ("Date of Commencement"). Contractor shall adhere to the Substantial Completion date and the Final Completion date as noted within the Notice To Proceed, subject to any authorized extensions of time as set forth in this Agreement. All Work shall be performed in an expeditious manner. 5. Liquidated Damages for Delay_ The parties agree that time is of the essence in the performance of this Agreement. Substantial Completion of the Work under this Agreement shall be no later than the Substantial Completion date set forth in Article 4, subject to authorized extensions of time as set forth in this Agreement. In the event the Work is not 2/ substantially completed by the completion date in Article 4 and has not been extended by Change Order, the Village shall be entitled to collect liquidated damages. Contractor and Village agree that, because of the nature of the Work, the inability of the parties to precisely calculate actual damages for delay and the difficulty of determining these damages, the Contractor shall pay the Village the sum of Five Hundred Dollars ($500.00) for each calendar day in achieving Substantial Completion of the Work. Further, Contractor and Village agree that, because of the nature of the Work, the inability of the parties to precisely calculate actual damages for delay and the difficulty of determining these damages, the Contractor shall pay the Village the sum of 25% of the per diem rate set forth in the preceding sentence as liquidated damages for each and every calendar day of unexcused delay for failure to achieve Final Completion. It is hereby agreed that the amount of the per diem assessment for liquidated damages for the Contractor's failure to achieve Substantial Completion of the Work within the time specified in this Agreement is not a penalty and not excessive in light of the circumstances known to the parties at the time this Agreement is executed_ The Village's exercise of its right to terminate this Agreement shall not release the Contractor from its obligation to pay liquidated damages in the amount set forth herein. Such assessments shall be immediately due and payable to the Village or, at the Village's option, may be deducted from future payments that may be due and owing to Contractor. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the Village, estimated at or before the time of executing this Agreement. 6. Contract Sum The Village shall pay the Contractor for the cost of each project, authorized by the Village through the issuance of a Notice to Proceed, based upon the unit prices set forth in the Schedule of Values, inclusive of all licenses, taxes and fees. If any permits are required for the performance of the Work from any governing authorities having jurisdiction over the Project, Contractor shall be responsible for obtaining all required permits and the Village shall pay for the actual cost for such permits as part of the Contract Sum. The Village does not guarantee any minimum amount in contract price nor any minimum number of projects. 7. payments. Based upon Applications for Payment submitted to and approved by the Project Manager based on Contractor's percentage of completion of the Work in accordance with the Schedule of Values attached as Exhibit "W', Village shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 7.1 Contractor shall submit its Application for Payment on the 28`" of each month. The period covered by each Application for Payment is one month, ending on the 28" of the month. 7.2 Each Application for Payment shall show a complete breakdown the Project components, the quantities completed and the amounts due, together with such data substantiating the Contractor's right to payment and such supporting evidence which may be requested by the Project Manager including, but not limited to: (a) all Subcontractor requisitions; (b) where required by any manufacturers for extended warranties, inspection certificates or other acceptable documentation confirming the acceptable completion of any and all required inspections for the Work performed for which payment is being made; (c) all monthly reports required by any federal, state or local requirements including, but not limited to Davis -Bacon. In addition, as a further condition to payment of each progress payment, Contractor shall submit: (i) a sworn and certified Progress Payment Affidavit, which recites that all laborers, material suppliers and Subcontractors dealing with the Contractor have been paid in full through the date of the prior application for payment, with the exception of disputed payments; (ii) submit partial release of lien from Contractor for the current Application for Payment, submit partial releases of lien from all laborers, material suppliers and Subcontractors through the date of the last payment made, and submit partial releases of lien conditioned only upon payment from all lienors, through the date of the current Application for Payment, and such other evidence that the Village may reasonably require substantiating that all Work which is the subject of each such Application for Payment has been performed. The releases of lien form shall conform to the Florida's Construction Lien Law 713.01 et. seq. and/or Fla. Stat. § 255.05 shall be in such forms as approved by the Project Manager. An updated construction schedule shall be submitted at least monthly to the Village. Submission of the updated construction schedule shall not serve as notice of delays and shall not be construed as Owner's consent to extensions of the Contract Time. Each requisition shall be submitted in triplicate to the Project Manager for approval. 7.3 This Article left blank intentionally. 7.4 The Village may, but shall not be obligated to, upon the issuance of a notice of non-payment by a Subcontractor, supplier or materialmen, or any other lienor, or claimant as defined by §255.05, Florida Statutes, make all or any portion of any progress payment by check payable jointly to the order of Contractor and any lienor giving timely notice, or may make such payment directly to such lienor and deduct said sum from the balance then due Contractor. However, such payment, if made, shall not create any third party beneficiary or other rights in such lienor or claimant. In making such payments to lienors or claimant, the Village shall require such lienor or claimant to execute the applicable release of lien or the Waiver of Right to Claim Against Bond form in accordance with §255.05, Florida Statutes. 7.5 The Project Manager will authorize or reject payment, shall within twenty (20) business days of receipt of Contractor's application for payment authorize or reject payment. If the payment application is rejected by Project Manager as not complying with the requirements of this Article 7, Project Manager shall notify Contractor in writing and specify the deficiency and action necessary to make the application for payment proper. Village will pay Contractor within twenty- five (25) business days of receipt of Contractor's proper and complete Application for Payment, as provided above, unless the Application for Payment was rejected by Project Manager in which event, payment shall be made in accordance with § 218.735(3), Florida Statutes. 7.6 Village may withhold progress payment to such extent as may be necessary on account of- . I f:.1 Defective work not remedied. .2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. .3 Failure of Contractor to make payments properly to Subcontractors or suppliers or for material or labor. .4 Damage to another Subcontractor, supplier, materialmen, party, or person not remedied. .5 Liquidated damages pursuant to Article 5 hereof. .6 As -built drawings not being in a current and acceptable state. .7 Any other breach of this agreement by Contractor. When the above grounds are removed or resolved or Contractor provides a surety bond or a consent of surety satisfactory to Village, which will protect Village in the amount withheld, payment may be made in whole or in part, as applicable. 7.7 When the Contractor receives payment from the Village for labor, services or materials famished by Subcontractor and suppliers hired by the Contractor, the Contractor shall remit payment due those parties within ten (10) days after receipt of payment from the Owner, unless otherwise provided for by Florida Law. 7.8 Final Payment. Requests for final payment shall be accompanied by paid invoices and other back- up material as may be necessary by the Village to substantiate the final fee of Contractor. In no instance shall final billing exceed the amount allocated in the Contract Documents. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Village to Contractor when: the Contractor has fully complied with and performed all of its obligations and/or responsibilities under the Contract Documents; 4 .Z all punch list Work has been completed in accordance with the Contract Documents; .3 Contractor has submitted a Contractor's Final Payment Affidavit in a form acceptable to the Project Manager and in accordance with Florida Statutes; .4 Contractor has submitted its unconditional final lien waiver together with final lien waivers from all of its Subcontractors, lienors and suppliers in a form acceptable to the Project Manager; .5 Contractor has obtained all applicable approvals from all governmental and other authorities having jurisdiction over the Work, unless such approvals are being withheld due to causes which are not within the Contractor's responsibility under this Agreement; .6 Contractor has complied with all other express requirements of the Contract Documents and the reasonable requirements of Village as a condition to final payment; .7 Project Manager has approved final payment; .8 Contractor has submitted a certificate of insurance evidencing that the insurance required by the Contract Documents will remain in force after final payment, and will continue through the remaining duration of the Project, and thereafter as required by the Contract Documents; .9 Evidence that any and all claims have been settled; .10 Final, liquidated damages settlement statement. 7.9 Upon receipt of written notice from Contractor that the Project or designated Phase thereof is ready for Final Inspection, the Project Manager shall, within ten (10) days, make an inspection thereof. If Project or designated Phase thereof is acceptable under the Contract Documents and the Project fully performed, Project Manager shall approve final payment. 7.10 Village may withhold final payment to such extent as may be necessary on account of: .1 Defective Work not remedied; .2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor, .3 Failure of Contractor to make payments properly to Subcontractors or Consultants or for material or labor; .4 Damage to another Subcontractor, supplier, materialmen, party, or person not remedied; .5 Liquidated damages pursuant to Article 5 hereof; .6 As -built drawings not being in a current and acceptable state; and/or .7 Any other breach of this agreement by Contractor When the above grounds are removed or resolved or Contractor provides a surety bond or a consent of surety satisfactory to Village, which will protect Village in the amount withheld, payment may be made in whole or in part, as applicable. 7.11 If, after the Project has been substantially completed, full completion thereof is materially delayed 5 / through no fault of Contractor, and Project Manager so certifies, Village shall, upon certification of the Project Manager, and without terminating the Contract, make payment of the balance due for that portion of the Project 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 of claims. 7.12 The making and acceptance of the final payment shall constitute a waiver of all claims by Contractor, except those previously made in writing and identified by Contractor as unsettled at the time of the final application for payment_ 7.13 Punch List. The Contractor in conjunction with the Project Manager shall develop the punch list, a single list of items limited to minor omissions and defects which are required to render the Work complete and satisfactory in accordance with this Agreement, and the Project Manager shall submit the punch list to the Village in accordance with the time frames set forth herein. The Contractor shall develop the punch list within 30 calendar days after reaching Substantial Completion. The failure to include any corrective work or pending items not yet completed on the punch list does not alter the responsibility of the Contractor to complete all of the Work in accordance with this Agreement. Upon completion of all items on the punch list. the Contractor may submit a payment request for all remaining retainage withheld (if any) by the Village. If a good faith dispute exists as to whether one or more items identified on the punch list have been completed pursuant to the Agreement, the Village shall continue to withhold up to 150 percent of the total costs to complete such items. Within ten (10) days of written notification to the Project Manager that all punch list items have been completed, the Project Manager shall inspect the punch list items. If the punch list items have not been completed to the reasonable satisfaction of the Project Manager, and if it is necessary for the Project Manager to reinspect the completion of any punch list items, the Contractor shall be responsible for all fees and costs charged by the Village for making any such reinspection. 8. Contractor. Contractor represents that it is a properly qualified and licensed contractor in good standing with the State of Florida and is a Florida corporation in good standing, organized and existing under the laws of the State of Florida. Contractor further represents that it has read, examined and understands the pertinent Contract Documents and is well qualified and able to perform the Work; that it has a sufficient number of qualified personnel to assure timely performance of the Work; that it has the proper tools and equipment to perform the Work; and is financially capable of performing this Agreement; that Contractor has visited the site of the Work, examined the actual job conditions and is familiar with local conditions and all things required that will have a bearing on performance of the Work; that all materials incorporated in the Work will be new unless otherwise specified, and that all Work will be of first quality, free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards may be considered defective. The Contractor shall supervise and direct the Work using its best skill and attention. All Work shall be performed by craftsmen skilled in the trades and application of materials involved. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work and shall comply with all OSHA regulations regarding job safety and all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety or persons or property. Contractor shall comply with the Trench Safety Standards provided by OSHA's Excavation Safety Standards, 29 CFR §1926.650 Subpart P and Fla. Stat. §553.60-§553.64 (1990) (inclusive). The Contractor at all rimes shall keep the Property free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work Contractor shall remove, at its sole cost and expense, all its waste materials and rubbish from and about the Property as well as its tools and equipment, shall clean all surfaces, and shall leave the Work "broom clean" or its equivalent, except as otherwise specified. Contractor agrees to immediately repair at its sole cost and expense all damages to the Property arising from or relating to Contractor's performance of the Work. 9. Indemnity. To the fullest extent permitted by the law, Contractor shall indemnify and hold harmless the Village, and its officers, directors, agents, members and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees at the trial and appellate level, but only to the extent caused by the ne0igence, recklessness, wrongly or intentionally wrongful conduct, act or omission of the Contractor and other persons employed or s /, utilized by Contractor, any of Contractor's Subcontractors, agents or others for whom the Contractor is responsible, arising from this Contractor its performance. The Village's contributory negligence shall only reduce, but not prevent, the Contractor's obligation to indemnity provided herein. Regardless of the forgoing, this provision shall be limited by Florida Statute 725.06. 10. Subcontracts. No portion of the Work may be subcontracted without the prior written consent of the Village, which consent may be withheld for any reason. It is further agreed that all subcontracts and material and equipment purchase contracts entered into by Contractor or its subcontractors or material suppliers, shall contain a provision stating that the Village may bring claim directly against any subcontractor of Contractor for breach of Contract, warranty rights, quality of workmanship, and create third party beneficiary rights of Village in said agreements. Additionally, nothing contained in this Contract shall constitute an assignment of Contractor's rights against the Village or create any third party beneficiary rights in any subcontractors or material and equipment suppliers of Contractor. The purpose of this provision is to allow the Village, in addition to Contractor, to make claim for damage or indemnification directly against any subcontractors or material and equipment suppliers that may be ultimately responsible for defects or deficiencies in the Work or materials and equipment. 11. Time & Delays. All time limits stated in the Contract Documents are of the essence in this Agreement, if the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, inclement weather, causes beyond the Contractor's control, or by any cause which the Project Manager may determine justifies the delay, then the Contract Time shall be extended by written Change Order for such reasonable time as the Project Manager may determine. All requests for extensions of time other than those associated with changes in the Work, must be submitted in writing to Project Manager within three 3 business days of the event giving rise to the delay. Failure to so request an extension will constitute a waiver of any right for an extension of time. In the event that Contractor is delayed in the progress of the Work, and is granted an extension of time in which to perform the Work; in no instance will Contractor be entitled to increased costs, compensation or damages as a result of delay. All damages that may occur by reason of delay are hereby waived by Contractor. Said claim shall specifically include, among other things, an adjusted critical path schedule reflecting precisely the delay and its claimed impact upon the Contractor's future performance. Claims for adverse weather conditions shall be documented by data substantiating the weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. The parties agree that time is of the essence in the performance of this Agreement 12. Insurance. The Contractor, as a condition of this Agreement and to payment, shall purchase and maintain such insurance as will protect it from claims under Worker's Compensation acts and other employee benefit acts, from claims for damages because of bodily injury, including death and from claims for damages to property which may arise out of or result from the Contractor's operations under this Agreement, whether such operations be by itself or by any subcontractor or anyone directly or indirectly employed by any of them. The Village shall be named as an additional insured in all policies required to be maintained hereunder with the exception of the Worker's compensation insurance and builder's risk insurance. Village shall be a named insurance on all builder's risk insurance. At a minimum, Contractor shall provide the following insurance: 12.1 Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy (ies) must include Employer's Liability with limits of Five Hundred Thousand Dollars ($500,000) each accident, Five Hundred Thousand Dollars ($500,000) each disease, and Five Hundred Thousand Dollars ($500,000) aggregate by disease. 12.2 Project Specific Comprehensive General Liabiliri with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability must include: .1 Premises and/or Operations on an occurrence basis. .2 Independent contractors. .3 Products and/or Completed Operations Liability on an occurrence basis. .4 Explosion, Collapse, and Underground Coverages. .5 Broad Form Property Damage. .6 Broad Form Contractual Coverage applicable to this specific Agreement, including any hold 7 / harmless and/or indemnification agreement. 7 Personal Injury Coverage with Employees and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 12.3 Business Automobile Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Non -owned and hired vehicles. 12.4 Builder's Risk Insurance lIF APPLICABLE] The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk, "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained until final payment has been made or until no person or entity other than the Village has an insurable interest in the property required by this Section to be covered, whichever is later. This insurance shall include interests of the Village, Contractor, and all Subcontractors and suppliers in the Project. The Contractor, shall be solely responsible for any deductibles under the builders risk insurance. The policy must be endorsed to provide that the builder's risk will continue to apply until final acceptance of the Projector additions by the Village. Village shall be a named insured and beneficiary of the builder's risk insurance. 12.5 Notice of Cancellation, Expiration, and/or Restriction: The policy (ies) must be endorsed to provide Village with thirty (30) days advanced written notice of cancellation, expiration, and/or restriction, to the attention of the PROJECT MANAGER, 12300 Forest Hill Blvd., Wellington, FL 33414. 12.6 The Contractor's Certificates of insurance are attached hereto as Exhibit "C". Village reserves the right to require a certified copy of such policies upon request. All certificates shall state that Village shall be given thirty (30) days prior written notice of cancellation and/or expiration. 12.7 All policies of Contractor shall contain an endorsement whereby the insurance carriers agree that its insurance is.primary and not contributory with or in excess of any coverage which the VillMe has purchased. The Contractor shall be responsible for all deductibles under the insurance policies. The Contractor shall be responsible for all loss or damage to the Work, including the Contractor's materials delivered to site for incorporation therein and all property issued to the Contractor by the Village for use or incorporation in the Work. The Contractor shall waive all rights against the Village for recovery of damages to the extent that these damages are covered by insurance maintained pursuant to the above requirements, and the Contractor shall provide all waivers of subrogation in the endorsements and forms required by the Village. 12.8 Notwithstanding the availability of any insurance listed hereunder, the Contractor shall bear the risk of loss for its acts, errors or omissions pursuant to this Agreement. The Contractor bears all liability and risk of loss, for losses and damages arising from any acts, errors, omissions, or negligence on the part of the Contractor and its Subcontractors, including without limitation damages for defective and nonconforming work, and the Contractor and all applicable Subcontractors shall bear the risk and pay for such losses regardless of whether the Contractor should be covered for such losses by any insurance required by this Article. The Contractor bears all liability and risk of loss, for losses and damages arising from acts of god, rain, fire, vandalism or any other causes, other than causes resulting from the negligence of the Village. 13. Correction of Work Contractor warrants to Village that all materials and equipment furnished for the Project will be new unless otherwise specified and that all Work for the Project, will be of good quality, free from faults and defects, fully functional, and in conformance with the Contract Documents. The Work shall be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. All Work for the Project not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor shall, within three (3) working days of written notice from Village, correct any Work that fails to conform to the requirements of the Contract Documents. The Contractor shall bear all costs of correcting such defective work. 14. Changes. Changes in the Work may be accomplished after execution of the Agreement, and without invalidating the Agreement, by Change Order or Construction Change Directive, subject to the limitations stated in this Article 14 and elsewhere in the Contract Documents. Any changes in the Work or any adjustment in the Contract Sum or the Contract Time shall only be made upon written Change Order or Construction Change Directive as provided herein. If Contractor proceeds with such work without obtaining a written change order or Construction Change Directive, it shall be assumed that Contractor has performed such work at no additional charge. The requirement for a writing under this Article cannot be waived. A Change Order shall be based upon agreement among the Project Manager and Contractor and a Construction Change Directive requires directive by the Project Manager and may or may not be agreed to by the Contractor. Among other circumstances, a Construction Change Directive may be issued where the Contractor believes it is entitled to a Change Order or otherwise to an increase in the Contract Sum or Contract Time, but the Village does not agree. In such event, the Contractor is obligated to perform the Work described in the Construction Change Directive in accordance with this Article. Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order or Construction Change Directive. 14.1 Change Orders 14.1.1 A Change Order is a written instrument signed by the Project Manager and Contractor stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment if any, to the Contract Sum; and .3 The amount of the adjustment, if any, to the Contract Time. 14.2 Construction Change Directives 14.2.1 A Construction Change Directive is a written order signed by the Project Manager directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Village may by Construction Change Directive, without invalidating the Agreement, order changes in the Work within the general scope of the Agreement consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 14.2.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 14.2.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: 1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 14.2.7. 14.2.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Project Manager of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. Disagreement as to the adjustment to the Contract Sum or Contract Time shall not excuse Contractor from its prompt performance of the Work described in the Construction Change Directive. 14.2.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 14.2.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Project Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, the Contractor shall keep and present, in such form as the Project Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 14.2.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. 14.2.8 Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Project Manager will make an interim determination for purposes of monthly certification for payment for those costs and approve for payment the amount that the Project Manager determines, in the Project Manager's sole judgment, to be reasonably justified. The Project Manager's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim. 15. Compliance with Laws. The Contractor shall give all notices, and warrants and represents that the Work will comply with all federal, state and local laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction over the Work. Contractor shall comply with all ordinances, laws and rules of the State of Florida, Village of Wellington and Palm Beach County applicable to the Work. Contractor shall be liable for any deviation from any laws, ordinances, rules, regulations, and orders of any public authority even if in strict compliance with the Contract Documents. Contractor shall bear sole responsibility for and bear all costs necessary to insure full compliance with the representations contained herein, including, but not limited to any attorney's fees or other expenses incurred by Village in responding to any 10 complaints, citations, court orders, administrative orders or similar governmental edicts or process. The provisions of this paragraph shall survive the termination of this Agreement. 16. Termination. If the Village fails to issue payment for a period outlined in Article 7 through no fault of the Contractor, the Contractor may, after ten (10) days written notice to the Village terminate this Agreement unless the Village cures such default and recover from the Village payment for all work executed including a reasonable profit thereon not to exceed ten percent (10%), but which sum shall never exceed the contract sum less the cost to complete any remaining Work. This sum shall be Contractor's sole remedy under this Agreement. If the Contractor cannot satisfy the conditions and obligations imposed by the Contract Documents, or breaches any of the terms of this Agreement then the Village may, without prejudice to any right or remedy and after giving the Contractor three (3) days written notice, terminate this Agreement and take possession of the site and of all materials, owned by the Contractor and finish the work by whatever method the Village deems expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Sum exceeds the cost of completing and correcting the Work such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Village This provision shall in no way limit the Village's right to claims for any additional damages including but not limited to delay and consequential damages. This obligation for payment shall survive termination of this Agreement. The Village may also terminate this Agreement for the Village's convenience and without cause upon three (3) days written notice to Contractor. If the Contractor is terminated for convenience, the Contractor shall be paid for all Work completed through the date of termination, less payments made and any amounts that the Village is entitled to withhold pursuant to the terms of this Agreement and by law. The Contractor waives any and all claims for damages resulting from such termination for convenience, including without limitation anticipated profits and any and all damages. 17. Transfer of Lien. In the event any liens should be filed against the Property by any lienors, in connection with labor or services performed, Contractor shall indemnify and hold Village harmless against all such liens and suits or other proceedings pertaining thereto including any and all costs and attorneys' fees, at both the trial and appellate level. If any such liens are filed then Contractor must forthwith transfer such lien to security in accordance with Florida Statutes. Should Contractor fail to transfer such lien, the Village may, at its option, do so and deduct the amount expended, including all costs and attorney's fees incurred from any payment then due Contractor. 18, Bonds(lf Applicablel. 18.1 A Performance and Payment Bond (separate Performance Bond and separate Payment Bond) of the form and containing all the provisions of the Performance and Payment Bond (Performance Bond and Payment Bond forms) attached hereto and made a part hereof. The Payment and Performance Bond required herein shall be in conformance with Florida Statutes 255.05, approved by Village, executed by a surety company shown in the United States Treasury list of approved companies and authorized to do business in the state of Florida. 18.2 The Bonds shall be in the amount of one hundred percent (100%) of the Contract amount guaranteeing to Village the completion and performance of the Project covered in this Agreement, as well as full payment of all suppliers, material, laborers, or Subcontractors employed pursuant to this Project. 18.3 Such Bonds shall continue in effect for one (1) year after completion and acceptance of the Project with liability equal to one hundred percent (100%) of the Contract price, or an additional bond shall be conditioned that Contractor will, upon notification by Village, correct any defective or faulty Work or materials which appear within three (3) years after completion of the Contract. 19. Applicable Law and Venue; Attomey's Fees. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Palm Beach County, Florida. In the event of litigation to settle disputes arising out of this Agreement or the Project, the prevailing party shall be entitled to recover against the other party its cost and expenses, including reasonable attorney's fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 20. Drug -Free Workplace. Execution of this Agreement by Contractor shall serve as Contractor's certification that it either has or that it will establish a drug-free workplace consistent with Chapter 112.0455, Florida Statutes. 21. Conflicts. Contractor shall comply with all conflict of interest provisions found in the Code of Ordinances of Wellington, the Palm Beach County Code of Ethics and Chapter 112, Florida Statutes. Neither Contractor nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Contractor's loyal and conscientious exercise of judgment related to its performance under this Agreement. Contractor agrees that none of its employees shall, during the term of this Agreement, serve as an adverse or hostile expert witness against Village in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of Village in any such pending or threatened legal or administrative proceeding. The limitations of this Section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding regarding this Agreement. In the event Contractor is permitted to utilize Subcontractors to perform any services required by this Agreement, Contractor agrees to prohibit such Subcontractors, by written contract, from having any conflicts as within the meaning of this Section. 22. Public Entity Crime Statement. Contractor acknowledges the existence of Section 287.133(2)(a), Florida Statutes ("Public Entity Crimes Act"), which provides, in part, that a person or affiliate who has been placed on the convicted vendor fist following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to Village, may not submit a bid on a contract with Village for the construction or repair of a public building or public work, may not submit bids on leases of real property to Village, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or Consultant under a contract with Village, and may not transact business with Village in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Violation of this Section by Contractor shall result in termination of this Agreement by Village without penalty. 23. Truth -In -Negotiation Certificate. Signature of this Agreement by Contractor shall act as the execution of a truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original Contract Price and any additions thereto shall be adjusted to exclude any significant sums, by which Village determines the Contract Price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. 24. Records. Contractor shall keep such records and accounts and require any and all architects, Consultants. and Subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement. Such books and records will be available at all reasonable times for examination and audit by Village and for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. 25. In accordance with Palm Beach County Ordinance Number 2011-009, this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The Contractor has reviewed Palm Beach County Ordinance Number 2011-009 and is aware of its rights and/or obligations under such ordinance. 26. Village of Wellington's Purchasing and Procurement Procedures Manual. Contractor shall comply with all Contractor requirements of the Village of Wellington's Purchasing and Procurement Procedures Manual as adopted by Resolution No. 82014-12. 27, Local Preference. Except where prohibited by federal or state law, other funding source restrictions, or as otherwise excluded by the Village of Wellington's local Preference Policy, if Contractor represented itself as a Palm Beach County Local Business or Western Communities Local Business in accordance with the Village of Wellington's Local Preference Policy, Contractor shall be obligated to maintain such status in accordance with eligibility requirements of Village of Wellington's Local Preference Policy through final completion of the Project. In the event Contractor qualified for Local 12/ Preference by subcontractor participation, the Contractor shall maintain the local subcontractor(s) identified in its response to the Owner's Invitation to Bid and shall not replace same without the prior written consent of the Owner. In the event Contractor needs to replace a local subcontractor, said subcontractor shall be replaced with another contractor which meets the eligibility requirements of the Village of Wellington's Local Preference Policy, unless expressly agreed in writing by the Owner. 28. Code of Ethics & Conduct. If Contractor violates or is a party to a violation of the Florida Statutes Chapter 112 or the Palm Beach Code of Ethics (Sec. 2441 et. seq), Contractor may be in material breach of this Agreement and may be disqualified form bidding on any future bids for work of goods with the Owner. 29. Non -Collusion, This Agreement is made without collusion or fraud. No premiums, rebates, or gratuities are permitted with, prior to, or after any delivery of material or provisions of services. Any violation of this provision may result in termination of this Agreement, return of materials or discontinuation of services, and the possible removal of Contractor for bidder lists. 30. Drug -Free Workplace. Contractor certifies that it maintains a drug-free work place. 31. As part of the Village's National Pollutant Discharge Elimination System (NPDES) requirements, Contractor may be required to achieve training which may include but not be limited to a live presentation and/or video presentation. Contractor is responsible for all costs associated with the training. 32. Traffic Control and Maintenance. To the extent applicable, the Contract Sum includes all traffic control and traffic control costs related to the Work. The Maintenance of Traffic Plan and all traffic warning and control devices shall conform to the applicable provisions of the latest editions of the national "Manual On Uniform Traffic Control Devices" (MUTCD), and the 600 series of the Florida Department of Transportation's "Roadway and Traffic Design Standards". The MOT Plan shall be prepared by a Florida MOT Certified Technician if FDOT standard details are used. If FDOT standard details are not used, a Professional Engineer licensed in Florida shall prepare the MOT Plan. MOT Plans shall be submitted to appropriate agencies for approval. Costs of compliance with this Paragraph are included as part of the Contract Sum. 33. ExistinStructures & Utilities. All known utilities have been shown on the Plans and Drawings according to the best information available. it is the Contractor's responsibility to contact all owners of structures or utilities above ground, on the surface, or below the ground, within the Project area so that said owners may stake, otherwise make, or protect their facilities. When structures and utilities have been properly shown or marked and are disturbed or damaged in the execution of the Work, they must be repaired immediately in conformance with best standard practice and the approval of the owner of the damaged utility or structure. In the case of structures and utilities which have not been properly shown or located as outlined above and are disturbed or damaged in the prosecution of the Work, take whatever steps are necessary for safety and notify the affected utility owner and avoid any actions which might cause further damage to the structure or utility. Should the Work require repairs, changes, or modifications of the Owner's utilities as well as other utilities, it is the responsibility of the Contractor to provide for the maintenance of continuous water, sewage, electric, telephone and other utility services to all present customers of such utilities, unless approval in writing is secured from the applicable utility company or Owner for interruption of such service. 34. Testing, All tests and analyses, which are called for in the Specifications and/or Drawings to be performed by an Independent Testing Laboratory or otherwise, will be at the Contractor's expense unless otherwise specified, provided the tests and analyses determine that the material(s) and/or Work meets the requirements as specified. All such tests that pass or fail to meet the Project requirements are to be paid by the Contractor. 35. Storage Site. The Contractor shall furnish, at its expense, properly zoned area suitable for field offices, material storage and equipment service and storage, as applicable for the Project. The Contractor shall maintain these areas in a clean, orderly condition so as not to cause of nuisance in the area and shall restore the storage areas to its original or better condition. 36. Miscellaneous. Neither party to this Agreement shall assign the Agreement or sublet it as a whole without the prior written consent of the other. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. The failure of either party hereto to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this Agreement, or to 13 /; exercise any right herein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right as respects further performance. This Agreement may not be amended or modified except by an instrument in writing signed by the party against whom enforcement of such amendment or modification is sought. In consthe use of any gthis grdement,shat besingular shall be held to include the plural, the plural shall be held to include the singular, held to include every other and all genders. This Agreement supersedes any prior agreements between the parties with respect to its subject matter. This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument. 37, Notice. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: For VILLAGE: For Co ctor �� r Awilda Rodriguez, Village Clerk 4.g td��r Village of Wellington Foster Marine Contractors, Ines 12300 Forest Hill Blvd. 3180 Fairlane Fauns Road Wellington, FL 33414 Wellington, FL 33414 38. The Owner Direct Special Conditions (Sales Tax Information) are incorporated herein by reference. 39. Exhibits Exhibit A Plans & Specifications Exhibit B Schedule of Values Exhibit C Certificate of Insurance Exhibit D Progress Payment Certification Exhibit E Form for Affidavit for Final Payment (Signatures on following page) IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement. One counterpart each has been delivered to OWNER, CONTRACTOR, and the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by the ENGINEER on their behalf. A OWNER: Village of Wellington By GD8. �f- -- Bob Margolis, Maydy Attest:C2�l�' �-e- Awilda Rodriguez, Wellington'ssk (SEAL) APPROVED AS TO FORM AND ;LGAL SUF ICIENCYage Attorney By Attest: t Marine Contractors, Inc. 15 EXHIBIT A PLANS & SPECIFICATIONS E// Fosler Marine Cors, Inc. SCHEDULE OF VALUES .. a for -rn r-n1kAn! crc Tutc MIM a.tav RFcrTT.T M THF BID BEING DECLARED NON-RESPONSIVE) 11 ITEM # DESCRIPTION QTY UNIT UNIT PRICE 1 Long Boom Trac Backhoe (min 50' reach) I hr 225.00 2 3 Long Boom Rubber tired hoe (min 50'R) Track Backhoe (1 1/2 cy min) I 1 hr hr 250.0 150.00 4 Track Backhoe (3/4 yd max - small) 1 hr 115. 00 5 Rubber tired Backhoe/loader 1 hr 85.00 6 Gradall ( rubber tired) I hr M. 7 Small Track hoe - 6 way bucket 1 br 175.00 8 Dump Truck - Tri -Axle (18 cy) I hr 75.00 9 _ Du rnp Truck - Tandem ( 16 cy) 1 hr 1 60.00 10 11 Dump Truck - Single Axle (8-10 cy) Off Road Dump Truck (30 cy min) 1 1 hr 1 hr 50 ,001 190A0 12 Off Road Dump Truck (20 c • min) 1 hr 170.00 13 Skid steer Loader (Bobcat type) 1 hr 85.00 14 Front end Loader (min 2.5 cy) 1 hr 150.0 15 Skid Steer Loader Track propelled l hr 85.00 16 Crane (25) Ton 1 hr 250.00 17 Crane (50) Ton 1 hr 300.0 I8 Bulldozer (D•4 equivalent) 1 hr 135.00 19 Grader (9H cquivalent) I hr 125.00 20 Box Tractor 1 hr 80.00 2l Trencher (walk behind) 1 hr 60.00 22 Trencher (mid-range - drivable) 1 hr 70.00 23 Vibratory Roller (10 ton min.) 1 hr _ 24 3" Pum w/hoses (Mud hog or trash) 1 hr 35.00 25 26 Laser grading (finish gradin) Furnish & install natural stone Rip -Rap DOT Approved 10,000 500 sy to 3.00 175.00 27 Skilled Laborer I hr 40. UU 28 Su rvisor I hr 75-00 *29 *30 Dewatering System (well points) 6" Submersible Hydraulic Pump I 1 hr hr 100.00 50.00 '31 8" Submersible Hydraulic Pum 1 hr 75.00 '32 3 Person Crew w/pickup truck & foreman 1 hr 250.00 '33 5 Person Crew w1pickup truck & foreman 1 hr 330.00 34 Sand Blasting - Prime and/or painting to be included 1 hr 400.00 35 Furnish, place & compact clean fill (12" lifts) 10,000 SY 10.00 *36 Pipe installation crew (2" to 6" dia PVC) 1 hr 400.00 *37 Pipe installation crew (8" to 12" dia. PVC) I hr 475.00 *38 Pipe installation crew (15" to 30" dia. RCP) 1 hr 550.0 *39Pipe installation crew (36" to 60" dia. RCP) 1 hr 600.0 *40 Pipe installation crew (15" to 30" dia. drainage pipe) Hdpc, aluminum, CMP, PVC, Perforated I hr 550.0 *41 Pipe installation crew (36" - 60" dia. drainage pipe) Hdpe, aluminum, CMP, PVC, Perforated 1 hr 600.0 ITEM # i DESCRIPTION •42 Pipe installation crew (72" to 96" dia. drainage pipe) Hdpe. aluminum, CMP, PVC, Perforated, 43 Diver with extemal air source 44 Welding ( rtable) with com let- supplies 45 Welding Shop 46 Boom Truck with 25 ft. reach 47 Lowboy capable of hauling heavy equipment * Note: See "Specifications" for Specific Line Item Details Fost r Marine Cont ors, Inc. QTS' UNIT UNIT PRICE I hr 800.00 1 hr 400.00 I hr 150.00 l hr 100.00 I hr I hr 60.00 300.00 BIDDER/C0I7RACTOR understands and agrees that this is Unit Price Contract and that contractor will be paid based upon items and quantities actually performed and accepted by Owner. Quantities listed on the Schedule of Values are estimates only and are not to be construed as guaranteed work quantities. Bidder(s) shall submit a fixed unit price schedule for commodities and/or labor costs crews, workmen, equipment time including mobilization, etc., and qualifying information. In order to meet the needs of various departments and the best interest of the Village of Wellingtons, awards shall be made to responsive. responsible bidders to create a pool of qualified vendors. Bidders may bid on any or all individual line items as outlined in the Schedule of Values in which they are licensed and qualified. Any Bid submittal which does not contain prices set opposite each of the items for which there is a blank space will be cause for rejection. Any items not bid upon shall be indicated "NO BID" in place of the price ADDITIONAL ]INFOMATION: *Item#29: Dewatering System — This system shall include up to 40OLF of header pipe, well points, swing hoses, vacuum pump (IT'), fuel, oil (all fluids), and all accessories to operate dewatering system along with jet pump and accessories to install all well points. Hourly rate will be based on actual vacuum pump run time. *Items #30 & 31: 6" and S" submersible hydraulic pumps will come complete with pumphead, hoses up to 40OLF of discharge hose, fuel, and all fluids etc. *Items #32 & 33: Contractor to provide foreman, personnel and transportation (pickup truck). These crews will work on miscellaneous projects throughout Wellington such as fence installation/repair, dewatering set ups, trash and debris clean up, light earthwork, assisting Wellington crews. Pricing/rates shall include — Pickup truck, qualified foreman/crew leader, 3 to 5 qualified labors and at mist. hand tools. *Items #34 - Prime and/or painting to be done the same day sandblasting is done. * Items #36,37,38,39,40,41 & 42: Pipe Installation Crew —These crews shall consist of 5 persons (I Backhoe operator, 1 Loader operator, 2 Pipe layers and I Labor). All tools to install pipelstructures shall be furnished by contractor i.e. small plate compactors, laser beams, transidlevcl, hand tools cables, chain, fuel, oil and all fluids etc... All personnel on these crews including the two operators will be skilled at their assigned position. Backhoe and loader will be the proper size to handle excavation, pipe, inlets and accessories involved in the particular project. Hourly rate shall include costs for all personnel, backhoe, loader tools, and pickup truck etc. GENERAL NOTES 1. All furnished operators, labors, supervisors (all personnel) shall be skilled & knowledgeable in their perspective positions. 2. Operators for all equipment(s) shall be included in the hourly equipment rate. 3. All equipment shall be in good working condition and shall be capable and of proper size to properly handle the specific project. 4. Wellington will be the sole judge of the quality of personnel and equipment to be utilized on a project and shall retain the right to have contractor replace said personnel or equipment at contractor's expense. 5. All pricingtrates shall include delivery and or mobilization costs of all equipment, crews, pumps, tools, mechanical, fuel, fluids, etc. to construct the projects to the standards of Wellington. 6. All M.O.T. shall be coordinated and supplied by Wellington and shall be in accordance with FDOT standards. 7. Once M.O.T. has been installed on a project it will become the contractor's responsibility to manage, adjust, maintain etc. and keep in compliance with all applicable regulations. SCHEDULE OF SUBCONTRACTORS (I AILURL "iO COMPLE'I'E'1'111S FORM MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE) Discipline Subcontractor Address Citi ST Zip License Number None All work to be completed by Foster Marine Contractors, Inc. .-lcich-ess u/'Stthcvrrf171V1r1- rMlY be considerecl in accorelonce frith Wellingtons Local Preference Ycrlicy SCHEDULE OF EQUIPMENT AND MATERIALS (FAILURE TO COMPLETE THIS FORM MAY RESULT IN TIME BID BEING DECLARED NON-RESPONSIVE) Item Manufacturer Description See attached Equipment List All materials to be furnished as per Specification for quantity required for each Work Order as per Wellington Approved Material Product List