HomeMy WebLinkAboutWT Comp Inc. Construction Agreement - Hicks Ave - CWP Parking Lot Improvements 2020 09 14 JIN
'Onstruction Agreement
TM'AGREE NT is made t<hisi"-i day , �»'� ��',
R SPRMCs,a Florida unici l cv or man�� ��� � ;b and between the CITY OF
Inc, authorized rP in referred to as OWNER)
duly lic�sed to do business in the Mate of Florida (herein ref�dCto�as
CONTRACTOR),as follows:
1. DESCRIOPTION OF Wo - CONTRACTOR
shall perform the work,the Contract Documents for the construction of Hicks Avenue -� ep e i�a.
hinprovements.
dot.
2. CONTRACT DOCUMENTS-The Contract Documents consist of this Addendum to the AEngineering� t the S Cations
Agreement;Exhibits
ribits
and Construction Drawinp par by Harris Civil Engineers,
LLC,dated 15.lone,2020,laid Documents City,dated July 3,2020;Cissued by the.Hid Submittal,dated July 31,2020; General Conditiotrs
if"any'
Supplemental Terrors and COnditions by the City ifany;all Change girders
the City air execution ofthis Agreement,These Contract approved by
into this
Contract by this
refexn ce. The CC�NTACTOF,Documents are hereby incorporated.
caretaxlly examined card understands this A represents and agrees that it has
investigated the nature, localityAgreement and the other Contract Documents,
has
which it is to be and site of the Work and the conditions and diff`iculti under,
performed and that it enters into this Agreement on tlae basis cal`its... own
examination' investigation and evaluation of,all such.mattersOpinions or reppresentations of the O and on
in reliance upon any
servants,Or employees„ or of any of their respective offices, agents„
3• ORDER OF PRECEDENCE_In case of any inconsistency in any of the documents bearing
on the Agreement between.the OWNER,and the CO g
resolved by giving precedence in the following order: CTO the inconsistency shallbe
a. Change Orders
b. Agreement,Exhibits and Addenda
c. Supple mental Terms and Conditions
d. General Terms and Conditions
e„ Engineering plans and Drawings
f: Contractor's Bid Submittal
Any inconsistency in the work description shall be clarified by the
the CONTRACTOR- OWNER and Performed by
4. AGREENMyT ITV TA°TT'tTN _ At its di on, durixo should any errors, �tbi�ifies, or dis g the come of the work,
'0W�IER ifs sole epancies be found in the Contract Documents, the
CO discretion Will interpret the i of the Contract Domm�ents and the
�R hereby agrees to abide by the[� 's interpretation
and s
out the work in accordance with the decision of the OWNER. to carry
5. BRAND NAME MATE - Whenever Materials or Equipment ar+e specified
described in the T9ravvings or irecifiicatisans lay using the name of a rte ne
of a particular Supplier,the�g of the itsm is intended to establish 3tcm or flee e
guy required. The CONTRACTOR will be r type,function and
accommodate the "al,article,or responsible for all tion necessary too
OWNER.Unless floe name is followed by bed Provided without additional cast to fl1s:
lay words indicatingthat no substitution
is pni
substitute material,article, or equipment is allowed if it is reasonably equivalent fro th 'a
narroe specified and CD CTOR certifies in writing that the e brand
ps rf 'm adequately the funs ions called fior the proposed substitute will
subsfat�4 to that specified and be
suited tsa a design, similar arrd of equal
function as filet specified. . The C} R has flrll performingcapable of the same
reasoarably equivalent. CO
CT
R must rro " on to decide whether a substitute is
substitute fora the t IWNER in writing prior to use of the
specified brand rrarroe and allow the CIWIwTER to rnalce a d' anon before,
CONTRACTOR uses the substitute.
h. C CT TIME
a. All provisions regarding Contract Time are essentW to the PeffbMiance of this Clan
hut
. The Work shad be substanfiay completed as desmbed in the feral Ccanditisans,w i "
90 calendar days after the date when the Contract Time be fo reaa as larvasided in floe:
Conditions.The Work shall be finally coomplet4 ready for Final Pa
General
the-'General Conditions,within3i1 ent in accordance with
calendar days after the actual date of Substantial completion.
c. The parties acknowledge that the T'me
cProvided in this Section incldes
Onsideration of adverse weather conditions common toCentralFlonda includingathe
Possibility of hurricanes and tropical storms.
. If applicable to the particular Work required by this Agmement, Float time is allocated
specifically to the Contractors responsibility for cOordination of Utility relocations as described
the General Conditions and is inclu
ded in the Contract Time Provided by this Section
OWNER will not consider any Contract Time extensions related to utility coo rdinatiincluding,but not limited to,utility relocagor�and conflicts,unless floe a onmatters
exceed the float time and also emend the project S�ch,edule's Critical path. �relocation delays
e,fn the event that the Work requires phased construction, dean multaplc Points of fief
Completion may be established in the Supplementary C'consiith ns.
7. IJOUM TPn n ES' _ OWNERand+CCT
essence Of this ACTOR recogori e t brae is of the
Agreement and that C will suffer financial loss if the Work is not
substantially complete within time specified Paragraph
tlner+eofallowerl ian ace with the General Conditions.OR and CONTabove, plus RACTOR
extensionsl
cognize the delays, expense and difficulties involved vin CTOR also
Preceding the actual loss � l legal arbitration
y OAR ifthe Work is not
complete on turn ,
Accordingly,� o �y�+� ��substantially
q ° , CTOR
li ui s for delay(brat not as a penalty)CONTRACTOR awee t as
for each day that expires after the time pay OWNER 011
specified in Paragraph�for substantial completiorn uantil
the work is substantially complete and for each day ffiat expires time specified
in P In 6 for final completion until the work is
paid to COT finally corrnplete and that O has
CTCR the consideration of Ten ($1Q.17p) Do as consideration for this
Provision, The liquidated provided in this Section are intended to
CONTRACTOR is in default,or if the CONTRACTOR Ply wren if
the Work.
S. CONTRA rT PRl(CE up OT PRICE CO + " ' _ The OWNER
CONTRACTOR in current fiands for the well pay the
Performance of the work m wwrdmcc with the
Contract Documents,subject to additions and deductions approved by Change Order,the Total
Contract Price of Three HundredF01111 Tbree Thousand and F fl
CONTRACTOR agrees to accept the Contract Price as full compensation for Pi f � �
Work,furnishing all.NIa sy and g all
all Work en braced in the Contract Documents..
The CONTRACTOR acknowledges that CONTRACTOR stud considered,
'CON T`RACTOR's Total Bid all costs of any � and included in
under Florida the Wotk.
da weather conditions; (2)applicable law, licecr�simml;,(and p performance of
( )the Project site conditions, inch but not limited to subs ng y;(4)the
term and conditions of the Co D � site conditions;( �
Documents, inclu ` but not li cited to, the
indemnificad'and no damage for delay provisions ofthe Contrast Documents,
The COFACTOR acknowledges that
perFommance of the Work may involve significant
Work adjacent to,above, and in close proximity to Underground Facilities including utilities
which will require the support of active utilities,as well as,the scheduling and sequencing of
utility installations,and relocations(temporary and permanent)by CONTRACTOR-
(1) In addition to the acknowledgmentsPreviously made, the CONTRACTOR
aclmOwledges that the CONTRACTOR"s Total Bid (Original Contrast Price)Vecifically considered and relied capon CO CTOR's own study of Underground
Facilities,utilities in their p relocated(temporary and petman )ent and
locations,and conflicts relating to utilities and Underground Facilities. proposed
(2) The CONTRACTOR wledges that CO CTOM Total laid (hni Contract Price) considered, and. included Wl of CO
CO CTOR°s responsibilities to coo ` NTRACTOR"s costs relating e
CONTRACTOR with the vrorlc ofthe OWNER, and sequence the Work of the
of other contractors,if away,and the work of others at the any,with n site.ts own forces,the
�rnr
Payments will be made to the CONTRACTOR for actual quantities installed on the
basis of the Schedule ofUnit prices included as a part,of the Bid,which shall be as fully
a pan of the Contract as if attached or repeated herein.
Where the Contract Documents
provide for Unit Price Work,the Contract Price,stated in the Agreement include f
will in de, or
all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit
Price Work times the estimated quantity of each item as indicated ,_n the Contract
Documents. Each Unit Price will be deemed to include an am unconsidered CONTRACTOR to be adequate to cover all costs, including 0 t by
administrative costs,and profit. supplemental and
9,
C��F.R reserves the right to revoke and gate this A MNERIS RENIiED— -The
privileges associated with this ement and rescind all rights and
reserves the rigkrt to ke and teo mate tY, for conveniencc� Further, the
circumstances,each of hick shall this Agreement in the followmg
represent a default and breach of this Agreement.
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar dayr,after
written notice from the OWNER specifying the default complained of,unless,however,the
hult is such that it cannot, in the exercise of reasonable diligence, be
nature of the def defa cO ai es w
remedied within seven (7) calendar days, in which case the CONTRACTOR shall have
such time as is reasonably necessmY to remedy the default provided the CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore;or
K CONTRACTOR is adjudicated bankrupt or makes any assign ent for the efit of
creditors or CONTRACTOR becomes insolvent,or is unable or un m ben
or willing to pay its debts;
c. CONTRACTOR has acted negligently, as defmed by general and applicable law, m
performing the Work hereunder,or
d. CONTRACTOR has committed any act of fraud upon the OWNER,or
e- CONTRACTOR has made a material misrepresentation of fact to the OWNER while
PerfOn-ning its,obligations under this Agreement,or
f CONTRACTOR is experiencing a labor dispute,which threatens to have a substantial,
adverse impact upon Perflomiance of this Agreement without prejudice to any other right,
or remedy OWNER may have under this Agreement
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the
OWNER shall have the right to exercise any other remedy the OWNER may have by operation
f all en su
of law, without limitation, and without any further demand or notice. In the ev t of ch
termination,OWNER shall be liable only for the payment o
. Agreement for Work Property performed prior to the
accordance with the provisions of this unpaid charges,determined in
effective date of termination.
_ RCE I -Any delay or failure of either party in the per ormance of Obligations hereunder shall be excused if and to the extent used b ads�God;its required
v�indstorrn; explosion; riot; war; sabotage; strikes except involw�in C fn-e; flood;
force};exf ardi �r breal d o o yr d r e to{ g CTOR!s labor
el�ment,or facilities, g DER's affiliates"gearaerating plants, their
caurt injunction or arder;federal and/or state law or regulation; order
by any regulatory agency,or cause Or causes beyond the reasonable contrcrcaI ofth
Provided that prompt noticeof such delay is given b such 0 party affr3cted;
parries hereunto shall be diligent in a Y Y to the ether and each of the
circumstance of Force Ma`eure r � g to move such cause or causes, If y
Agreement- J in effect for sixty days,either party may terminate this
11` SE In
flee event era portion
iravali y p can or part thereof of this Agreement is deed
against public policy,void,or otherwise unenforceable y a court of lave,the
the sole discretion.and option of the �C1WNER, shall negotiate an p es,at
erected Provision of this Ap�;reernent.The validity and en fo ecltaitable ad ustment in the
this�,,greeanent shall Otherwise be fully enforceable rceability of • iaa p�of
1. . ]PROGRESS PA NTS°I]rUE DATE FOR PR-GRESS P'A Tyl PAYMZN T° RE VESTS _ Flo � l°T'S;SUBMITTAL
Performance fond is r 1' yments shall be made where a Paynx t and.
herein until O R receives a cerkitied copy of the recur
ded
Bond. OWNER shall make progress payments on account of the contract th price to
CONTRACTOR, on the basis of application for a
+�'U�'l'wIER's.project Manager, b CCIv payments submitted to the Cy1hd' car
g y CONTRACTOR as the vvorlt progresses, and in accordance
with the.Contract Documents,
Progress Payment"may be withheld if
a. Work is found defective and not remedied;
b. CONTRACTOR does not make prompt
proper payments to sualxontra+ctoa ,
c. CONTRACTOR does not make prompts and proper payanents for labor,
equipment furnished Mari; 'als,or
d. Another contractor is damaged by an act for which CONTRACTOR is responsible;
e. Claims or liens are filed on the job;or
f In the opinion of the OWNER that CO
satisfactorily. TRACTC7R"s work is not Progressing
yiFR herein does not desaate an agent; i.e., an architect or engineer, that must approve
any payment request or invoice before the Payment request or invoice is submitted to OWNER
for payment, if an agent must approve the payment request or invoice before the a
p :went
request or invoice is submitted to OWNER,payment is due 25 business days after the date,on
which the Payment request or invoice's stamped as received as providedins.218 (1),Flo
24
Statutes, except to the extent that the payment request or invoice rida
requirements. The CONTRACTOR may send OWNER all does not meet contract
request or invoice is not rejected w 0V'CrdUe notice. If ffie payMent
ithin 4 business,days after delivery of the overdue.notice,,the
Payment request or invoice shall be deemed accepted, except f6r any portion of the payment
request Or invoice that is fraudulent or misleading. if an agent need not approve the payment
request or invoice subTnitted by CONTRACTOR, paym ent is due, 20 business days after
date on wMch the paymentd request or invoice is stamped the
as as provided in S.2_1874(i),
Florida Statutes,except to the extent that the payment request or invoice does not meet con -a t
requiTemcuLs. If OWNER disputes a portion Of a Payment request or an h1voice,the Undisp ti C
uteEJ
portion shall be timely paid. OWNE,R shall reject payinent requests or invoices in accordance
with the procedure established in s,218,735,Florida Statutes,
OWNER hereby identifies the City's Director of Special Projects as the agent or office to
the CO-NTRACTOR must submit payment requests or Invoices. cc hiclr
13. FINAL PAY T. -O`VlER shall withhold up to 10%of the Conti-act Price throughout the
project in accordance with the Local CyOvcxnmcnt Prompt Payment Act C'Ace"). After 50%Completion of the project, OWNER shall reduce to 5% the am
nade to the CONTRACTOR unless the project is
from each subsequent Progress payment i ount Of the retairage withheld
subject to Federal funding,in whole or in part and the prqject is subject to laws and regulations
cOntrarY to the Act. The term"50%Completion of the Project"shall mean the point at which
this Agreement together with all costs associated with existing �purchasedn -r
the OANER has expended 50%of the total.cost Of the construction services u &
st ba�ngcorders and o leradditio
-ge held by the OWNEK Owner shall promptly make payment to
the retaina WNER a payment request for up to one-half of
completion,the Contractor may press to the 0 Or in this Agreement. After 50%
or niodifications to the constructions services provided f d additions
the
CONTRACTOR unless the OWNER has grounds,under the Act,for withholding the payment
of the retainage. The remaining retainage amount Withheld shall be released with the pi
mak
Payment after the issuance of the Final Cornpletion Certificate. OWNER shall e fin nalai
payment to CONTRACTOR v+ithin thirty (30) days after the work is fully and properly
Completed, if the contract has been fully and timely Performcd,but subject to file condition that
final payment shall not be due until CONTRACTOR has delivered taa OWNER a comple release OF liens arising Out the contract, or receipt releases of lien -fully covering alllabor,te
materials and equipment fbr which a lien could be filed,Orin the altemative a bond satisfactory
to OININER indemrffying him against such claims,
BY Making payments OWNER does',lot Waive clairris including but not limited to thane re lti
to: hos a ng
a. Faulty work appearing after substantial col"Pletion has been granted;
b. Work that does not comply with the Conti-act Doeirments:
C. Outstanding claims of liens; or
d. Failure of Contractor to comply with any special guarantees required by the
Contract Documents,
Progress payments may be withheld if Work isfound defective and not remedied;
CONTRACTOR does ,not nlakc prompt and per
Payments to subconractors;
CONTRACTOR does not Make prompt and Proper par
for labor, Matertials, or
eguiPment furnished him;a subcontractor is damaged by an act for which CONTRACTOR
is responsible; claims of liens are filed on the job; or in the Opinion of the OIVNE�p,
CONTRACTOR'S work is not progressing satisfactorily. Further,OWNER y wthhold
additional retainage in anticipation of liquidated damages equal to the Produmact i of the
number of Days after the scheduled Contract Time (Substantial Completion or Final
Completion) and the arnount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OIA NIER that the Work %,ill
not be completed within the Contract Time,The additional retainage under this subsection,
may at the OWNER'S discretion be withheld from subsequent Progress Payments, An
additional retainage held under this subsection shall be released to CONTRACTOR y in the
next Progress Payment following the OWNTER's approval Of a supplemental Progress
Schedule demonstrating that the requisite progress will be regained and maintained as
required by the General Conditions.
14. DESIGNATION OF"A A PROJECT -MUNAGER OR ARCMTECT OR LANDSCAPE'� 1 I�MLX
�RCM
K-- T DU i�AU �i
�.- TI�ESAN�-�Tilo�-i ,
The duties and
as f ows: authority of the 0 HR are,
a, General AdmInWration of Contract. The primary-umction of the OANER is to
provide the general adrrrirtistration of the contract,In Performance ofthese duties,the City's
Director of Public Work/Utilities,or his authorized representative is the ONVNEWS Project
Manager during the entire period Of construction, The OV�NER(CITY)may change,the
Project Manager during the term of this contract
b. f as eons, CJ12inions, and Pro ress Ide nrta. The O'ArNER shall be kept familiar
with the progress arad amity of the wog by CONTRACTOR aid maymake periodic visiti to the work site.The OWNER will not be responsible for them of construction,or for
the sequences, methods, and procedures used therein,or for the CONTRACTOR's fail...
to Perform the work in.accordance with the Contract Documents.
c. .ems to Worksite for in rectinns. The OWNER
woite at all ti shall be given free access to t1le
times dig work preparation and progress. The ProJect ger Mana is not
obligated to make exhaustive.. or continuous on-site insPections to perform his dudes of
checking and reporting on work progress,and any such inspectionsshall not waive Ownces
Claim regarding defective work by Contractor.
d. Inte rioretation of Contract Documents.. Decisionsrasa leis rates. The OWNER will
clai
be th s e and disput irftial interpreter of the contract doctiment requirements, and make decisiorls on mes between Contractor and Owner.
jwectiOn and S Ja0e of Work. The OWlMp
which in its Opinion does ,shal I have a
rtytorejectwor'knotconform to the Contract Docmsand in t connect,.
May stop the work or a portion thereof,when necessary. his
f Pavnient Certifies
The OWNER will deterr=e the amounts owin;g to
CONTRACTOR as the work Progresses, based on CONTRACTOR!s applications and
OWNER's inspections and obsemations,and Will issue certif Icates fo
r
Progress payments
and final payments in accordance with the terms Of the Contract Documents_
15. pl;tOGRESS MEEETINGS _ OWN_ER'S
-K.�-ILII"13 Project Manager may hold periodic progress
meetIngs on a monthly basis,Or more fiequently ifrequired.by the OWNER,during the term of
work entered into under this Agreenient. CONTRACTOWs
appropriate personnel shall attend such Project Manager and all other
Manager. meetings as designated by the OWNER'S project
16, RESP0NQ.TRiYirYvq nkv CONTRACTOR
herein are�;follows:
- CONTRACTOR!s duties and rights in
Connection with the project
Res i I
200sibilit-v for S'U'rVision and Construction, CONTRACTORs I solely
responsible for all construction under this contra includingshall be o
Procedures and means, for the coordination of all work. the techniques, sequences,
and direct the world and give: it all attention CONTRAC
TOR shall supervise
direction. necessary for such Pper supervision and
b. Viscipline and E— la =gg CONTRACTOR shall mainutin at all t1m,
dis _s strict
c'P"ne among his emPlOYees, and be agrees not to employ for work on the proje. any
Person unfit or without sufficient skill to PeffoTni thejob for which be was employed.
C. I I I
lab Furnishing of Labor. AUterfids,etc CONTRACTOR shall Provide and pay for a
or, materials and equipment, including tools, construction equipment and machinery,
utilities'including water' transportation,and all other facilities and work necessary
Proper completion of work on the project in accordance with the Contract Documents. th
for e
d. I . ,ment of Taxes: Procurement of Licenses,and Pe
secure all licenses CONTRACTOR shall
Permits necessary for Proper completion of the worj paying the,fees
thereof. CONTRACTOR warrants that it(and subcontractors or if aath.,i�
in the
Contract Doewncnts)hold Or will secure all trade or professional licenses required by
law for CONTRACTOR to Undertake the contract work,
e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent
Pro'�Tld��Plans, Specifications, General Conditions al n e
Contract Documents, 'he CONTRACTOR shall remove,' Special CO dition, and th
expense and at the convenience of the OWNER any fa replace and/or repair at its omm
ulty, defective or , '
materials or'equipment discovered within one(1), Improper Work,
Year from the date of the acceptance of the project as a whole by the Owner or for such longer Period as may be provided in the
Plans'Spec'f1calons,General Conditions,Special Conditions or other Contract Documents.
Without kit"iting the generality of the foregoing, the C
OWNER,that all materials rrd ONTRAC't'C-� warrants to the
lmt shed under this Agreement will lie of fLmt
cuss quality and new, unless otherwise required or permitted by the other Contract
Documents,that the Work performed pursuant to this Agreement
and that the Work will strictly conform witlr the r will be f ree from defects
Weak.not conforming to such requirements,including dents oft nothe Contract Documents.,
and authorised, shall be considered defective, properly approved
and in the Contract d.7ocuments shall be in "Warranties contained in Agreement
warranties or remedies addition to arid not in limitation of a ,other
CONTRACTOR will provide g arising pursuant to ap licakale law, Furthermore,
Year after acceptance by OWNER.The (1)period s not a limitation Pon manufacturer
,e for Work and materials for one(1)calendar
warranties or CONTRACTOR's payment and performance Bond(s). p
17. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or an
rights ar any xxionies due or to become due hereunder without the prior,written consent of the
OWNER.
a. if upon receiving written approval from
subcontracted by CC3NTRACTC� CONTRACTOR any p of this Agreement is
e fafly responsible to OWNER
for all a and/or omissions performed by� truer as f no subcO.UUa
made. had been
b- if OWNER deterruines that any subcontractor is not perftar�irJg in accordance with this
Agreement, CAR shah so notify C;CINTRAC'TOR who shall take immediate s to
remedy the situation,,
c, If CONTRACTOR,pricer to the cornncaen ement of any Work subcontracts an
this Agreement b the'subcontractor, CONTRACTOR shall y part
of
y require the subcontractor to
provide Q and.its affiliates with insurance coverage as set forth by the OWNER.
d. If upon receiving written approval from OWNER,
subcontracted b Cf3TrT y part of this A ant is
y TRACTOR, CONTRACTOR#OR and subcontractors shall r
iake
Prompt payments to subcontractors in accordance with s.218,735,Florida Statutes.
lg. TEORD pARTY RIGHTS-Notlring in this Agreement
ear benefits to anyone other than.OWNER and.+CON CONTRACTOR hall be snstruie�fl to eve rights
19. PRO I'P1 n1V AC-A1N5'I'C00NTf NGIE-NT FEES-CONTRACTOR warrants
not Toyed or retained an comp an or erso otheer that it drag
solely for the CONTRACTOR'to solicit or secure this Agreement,and that employee notespaid
a g
agreed.to pay any Person, company, corporation, individual, or firm,, other than a bona rfide
employee working solely for the CONTRACTC]R, any fee, comrriigsiori,percentage, or
Other consideration contingent upon or resulting from the award or making of this t
g p g
S Agreement
20. NQ.TCddiN—T--V-N T _Nothing herein shall be deemed to create a joint verb or e
agent relationship between the parties and neither party'is a; thoh ed to,nor shall either par,
act toward third persons or the public in any Bann er which would indicate any such relatio
with the other party„ nship
1. INDE C ITTCII CONTRACTOR shall indemnify and hold less the�
iWNK
ts o��s, employees, ageents, and city attorneys (individually and in their officW acity"
from liability, lasses, damages, and costs, including, but wt litnited to, reasonable attorneys
fees,to the extent caused by the negligence,recklessness or intentional wrongful CONTRACTOR and persons employed or utilized by CONTRACTOR in the erfo ce
this Agreement.
of
CONTRACTOR specifically assumes Potential liability for actions brought by
CONTRACTOR'S own employees against the OWNER
e purpose of s
ndexrnaification and defense, CONTRACTOR specifi ally waives itsy fr entitlement, if an,
mutually negotiated by the parties.
to immunity under Section 440.11,Florida Statutes. This waiver has been specifically and.
The indemnification provided above shall obligate time CCU
own
expense or to provide for such defense,at the option of the O NER the aCTO to se en at s any
and all claims of liability and all snits and actions of every name and des ca-iption that mnay
be
brought against the OWNER or its officers,employees,and city attorneys
by this indemnification. In all events the OWNS and its officers,employees,and city ae �
f'its sole choice, the f ttom ees for tdcla shall
be
shall be permitted to choose legal counsel O
reasonable and subject to and included with this indemnification provided herein.
In consideration of the CONTRACTCyR's indemnity obligations,OWNER specifically to pay the CONTRACTOR the sum of TWO FT.F'T�"AND I'��C3/1[ ]I� T.�I.,DOagrees
($250.110) or ONE PERCENT {l%} OF THECC7
RCI�EWR IS
GREATER. The CONTRACTOR acknowledges receipt of the p�c consideration for
CONTRACTOR"s indemnification of OWNER,.and that the specific consideration is irmclu
in the original Contract Price allocated by CONTRACTOR among all,pay items ded
which is acknowledged. .receipt of
The indemnity provisions set forth in this Paragraph shall survive termination of this
Agreement.
22. SLARTRY W CONTRACTOR shall be solely and absolutely responsible and assume all liability
for doe safety and supervision of its principals, employees, contractors, and agents while
Performing work provided hereunder.
3.. CORPORATE REPRESENTATIONS BY CONTRACTOR _ CONTRACTOR
representsroad warrants to the O E the follo ing_ herby.
a.. CONTRACTOR is duly registered and licensed to der business in the State of Florida
and is in good standing under time lays of Florida,and is duly qualified and auth om
orth in this Agreement
to
carryon the fimnctions and operations set f
b. The undersigned signatory for CONTRACTOR has the Power,auth0fi ,tY ane
fight to enter into and Pefform the obligations set forth in this Agreement and all d th cable
alicable
exhibits thereto,and the execution,delivery,and Pmforrnance hereof ONT pp by CRACTop
has been duly authorized by the board of directors and/or president of CONTRACTOR,h,
SUPPort of said representation, CONTRACTOR agr=to provide a copy to the OVVMR
execution a corporate certfcate of good standing Provided by the State of Florida prior to the
xecution of this Agreement, ri
c- CONTRACTOR is duly licensed-under all local, state and federal laws to provide
work stated in Paragraph 1.0 herein. Jn support of said representation, ,the
agrees to provide a copy of all said licenses to the OVVNp CONTRACTOR
Agreement. R prior to the exeCUton of this
24. AQND-CONTRACTOR shall Supply a materials,performance and PaYment bond(s)in form approved by the OWNER and in accordance with Florida law and in an amount sPer-ifled in the
Contract Documents for an Agreement in whieb the Total Contract price exceeds$200,00o.00
and for all other Projects where the City Commission or City Manager has not specifically
exempted the CONTRACTOR from executing such bond..
For my Agreement in which the Total Contract price is $200,000.00 or less and the City
Commission or City Manager has specifically exempted the CONTRACTOR from executing
a PeTformance and payment bond, prior to receiving the final ten percent (100/,) payment
hereunder, CONTRACTOR shall be required to Provide certification from all laborm,
materialmen, and subcontwors.that such laborers,materiahnen, and subcontractors no
claims against CONTRACTOR resulting from completion of the Work in accordancehave with
Paragraph 12 above, The CONTRACTOR shall Provide a certified list of ail subco rs,
-R i days ei
laborers,and material suppliers to the OWNF abracto
w thin twenty(20) Of receiving the Notice
to Proceed with the Work. This list shall be updated thereafter as necessary with a rt fled statement that the list and its updates include the names and a eces mY th ce i ed
subcontractors,laborer ddresses of an of thos
8,and material suppliers ftumshing labor and/or material for the work_e
25. INSURANCE-During the term of this Agreement,CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth under this Paragraph.
Additionally, all independent contractors or agents employed by CONTRACTOR to perform
any Work hereunder shall fully comply with the insurance provisions contained in these
Contract Documents.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of$2,000,000 as the combined single limit for each Occurrence to protect
the CONTRACTOR from claims of property damages which may arise from any Work
Performed under this Agreement whether such Work are performed bYCTOR.
CTOR
or by anyone directly employedby or contracting with the CONTR A
b. The CONTRACTOR shall maintain comprehensive automobile liability i suranr
or each occurrence to protect the
$1,000,000 Property damage as the combined single limit f jury and minimum
the minimum amount of$1,000,000 combined single Limit bodily in n e in
CONTRACTOR from claims for damages for bodily injury, including wron
well as from claims frOm property damage,which may ownership, use,gfW death,as
maintenance of owned and non-owned automobiles,including rented automobiles whetheor
r
such operations be by the CONTRACTOR ACTOR or y anyone directly or directl employed the CONTRACTOR. � Y
c. `The CONTRACTOR shall Maintain, during the life of this
Wcprkers' Compensation Insurance in at least such amounts as are Agreement, oats
equired by aw, d
Employer's Liability Insurance in I an
the um amount of 2,000,00 for all of its
ernl?loye peaforrnmg Work for the OWNER Pursuant to this Agreement.
d. The CONTRACTOR shall maintain comprehensive builder risk insurance,which sW
cover CONTRACTOR'S labor,and any materials and equipment to be used for completion
Of the Work performed under,this Agreemenr against all risks of direct
€xcluding earthquake and flood, for a minimum amount of the Total Contractprice.
CONTRACTOR shall maintain the builder risk insurance rewired by this subsection.until
the elate a certificate of occupancy is issued issuance of a certificate of ocoaapancy for the
Work.
e Current, valid insurance policies meeting the requirements herein identified shall be
maintained during the team of this Agreement,A copy of a current Certificate of Ins
urance
shall be provided to the OWNER by CONTRACTOR upon the Effective Date of
Agreement which satisfied the insurance requirements this
certificates shall be sent to the C►W1�ER 3t� of this Paragraph y. Renewal
also be a 30-day advance written notification to the C s prior to any expiration date. There shalq
modification of any stipulated insurance coverage. The OWNER NER in the event Ofcancellation or
named insured on all stipulated insurance policies as its :irat �may e additiaxnal
time tO time,excluding worker's compensation �'policies.and professional liabih appear from,
26. MEDIA')rTIONIVENUWE _ The parties agree that should any dispute arise between them
regarding the term%or performance oftbis Agneeanent�both parties will participate in mediation.
The parties agree to equally share the cost ofthe mediator.Should the
pufics fi@ to resolve their
differences through mediation, then any cause of action filed hereunder shall be filed in the
Circuit or County Court for SEM.lNOLE,County,Florida.
27. GOVERNING LAW & vEN - This Agreement greeanent is anode and shall be interpreted,
construed,governed,,and enforced in accordance with the laws of the,State of Florida.Venue
for any state action or litigation shall be SE TOLE County,Florida. "Venue for any federal
action or litigation;shall be Orlando,;Florida.
25. °S FEES-Should either party bring an action to enforce any of the teams of this
Agreement, each patty shall bear its own costs and expenses of such action including,but not
limited to,reasonable atto Heys fees,whether at settlement,trial,or on appeaq.
29. l_ Tq ,S_Any notice or approval pander this Contract shall be sent,postage r aid to
applicable party at the address shown on the first page of this Contract, p ep d' the
30. WORK IS A PRIVATE UNDERT G- With regard to and all work
hounder,it is speci icaf un p `Ormed
y derstood and a to by and between the 'es hemto that the
contractual relationship between the CAR and. CONTRACTOR
CONTRACTOR is an independent and
and anot an gent this such
ch that the
WNER, Th.
CONTRACTOR' its contractors, partners, age', and their errrployees are independent
rt.
contractors and not employees of the OWNED.No bin
to establish any relationship other than that of an independent contractor,betweenent the OWN
on one hand, and the COOT ACTOP" its contractors,partners, employees, R'
or after the performance of the Work under this Agreement. p yam' or agents, during
31. DG NTS-Public Records, It is hereby specifically agreed that any Tech,docent,
CONTRACTOR and.its independentp �,audio or video tape,photograph,ates related,or other writing of"th
to this Ageraaer�t,may be deerrred to b a lic o tlaedaer in directly
or
indirectly,
Of the C]�R or the CONTRACTOR.Said record,document, Possession or l
pm�audio or video toe photograph, a ent,computerized information and
tape,p graph,or other writing of the CONTRACTOR is subject to
�e provisions of Chapter 119,Florida Statutes,and may not be destroyed written approval of the OWNER"'s City Manager. Upon request by without the specific
the 0
CONTRACTOR.shall promptly supply copies ofsaid public records to the OWN� All boWNERoks,
the
cards,registers,receipts,documents,and other papers in connection with this Agreement 11
at any and all reasonable tinges during the normal working hours of due C=CyNTRACTCR. be
sha
or the purpose of examination and/or audit,Failure
open and finely exhibited to the C) f
by CONTRACTOR to grant such aegis and comply with public records laws and/or
requests
shall be Bounds for immediate unilateral cancellation of this Agree
delivery of a written notice of cancellation. If CONTRACment by the OWNER gree tails to comply with .
Section,and the O must enforce this Section, TOR or the OWNER suffers a third
party award
of attorney',; fees and/or damages for violating Chapter 119, Florida S CONTRACTOR,'s failure to amply with this Section tatues, due to the
CONTRACTOR prevailing p,�'attorneys fees and �ost�, he an R shall collect from
City,for enforcing this Section a y es incurred,by the
also be entitled to reimburserxreratgcall attorneys,fees and damages
1pwlri OWNERlicable,the shall
pay a third party because of the C(lNTRACTOR's failure to comply*with this Sti n had�
terms and conditions set forth in this Section shall survive the termination,ofthis Agreement.
The CONTRACTOR.acknowledges that the OWNER is a,Florida municipal corporation and.
subject to the Florida Public Records Law. CONTRACTOR
agrees document produced.by CONTRACTOR under-this Agreementconstituteso �a the extent ,any
CONTRACTOR shall comply with the Florida Public Records Law. Public Reword;
32, S VERRIGN EMWRJNIT - The OWNER intends to avail itself of the benefits of Section
?f�S.28,Florida Statutes and any other statutes and common law itself
od the
sovereign f Section
to the fullest extent possible. Neither this provision nor am other governing
s of this
shall be construed as a waiver of the t3WNER's right to so then P Agreement
768.28,Florida Statutes,or other limitations unposed on the CIWNFR'unity liability on
state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this
Agreement for punitivedamages or interest for the period before ud
Shall not be liable for any claim or'u � gtnent. lwra�rtl�er,OWNER
hundred thousand dollars( Q,QQQ,QQ tan c y thereof to any a,,person for over two
When totaled with all other cla�ixris or'ud judgment,or portion thereof, which,
gmeit�s paid by the State or its agencies and subdivisions
arising out of the same incident or zscarrence, exceeds three hued tholl
($300,00o.QQ), Nothing in this Agreernent is intended usaizd do ars to inure to the benefit of any Chard
party
sovereign immunity or by operation
for the purpose of allowing any claim which'would otherwise be barred under Clue doce of
trinmu of law, This paragraph shall survive tennination ri
Agreement.
33. IflADINGS-Paragraph headings are for the convenience of the parties only and are not to be
construed as part of this Agreement.
34. 1�` EG] A7`ION. Ii ODINCAT,ldt3N - The
Agreement by the parties has been induced by no representations,on stateerY this
ets,l�r ties,
understanding of the pies, and there are no '
agreements other than those expressed herein. Thi n s Agreement embodies the Mire
llth
er or other agreements or understandings,
written or oral,in effect between the pages rclating to the subject matter hereof unless expressly
referred to herein.Modifications of this Agreenient shall only be made in writing signed by bath
Parties.
35. WAIVER AND ELECTION OF RE ® Waiver by either party of any terms, or
Provision of this Agreement shall not be considered a waiver of that term, condition, or
provision in the future. No waiver„ consent, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duty authorized representative of
each party hereto, This Agreement may be executed in any number of counterparts
which. when so executed and delivered shall be considered � each of
counterparts shall together constitute but one and the same instrument_
agreement; but such
36• RRAFTING - OAR and CONTRACTOR each represent that they have both shared
equally in drafting this Agreement and no party shall be favored or disfavored re
interpretation of this Agreement in the event of a dispute between the parties, garding the
37, r+T- E-Any notices required to be given by the terms of this Agreement shrill be delivered
by hard or mailed,certified snail,return receipt requested,postage!prepaid to.
EPr CONTRACTOR.
WT Comp Iri+c.
Attn. Tanisha Park
853 State Road 436,Suite2091
Casselberry,A 32707
(407)2554996
FOK0—WN Ems:
City of Winter Springs
Attn: Special Projects manager
1126 E. State Road 434
Winter Springs,Florida 32708
(407)327-7580
Either party may change the notice address by Providing the other p n notie f th
change.Any Notice given as provided, shall b
herein arty writte e 0 e
by personal service,on the date so delivered e deemed received as follows:if delivered
if delivered to
business day immediately following del rni courier e
all overnight Ur service, n th
daY after mailing. "Very to such service;and ifmailed,on the third business
38. CONFLICT OF INTERBST.
a,The CONTRACTOR agrees that it will not engage in any action that would create a conflict
of interest in the perfmnMCe of its obligatiorts Pursuant to
which would violate or cause this Contract with the OWNER or
Others to violate the provisions
St'4utes,relating to ethics in government and the OWNER's P of Part H1, Chapter 112,Florida
ersonnel policies.
b.The CONTRACTOR hereby certifies that no offir ,'ej,agent or employee Ofthe OWNER
any material interest(as defined in Section 112,312(15),Florida Statutes,as over five Percent
has
(5"/')either directly Or indirectly,in the business of the CONTRA
and that no such person sha interest have any such CONTRACTOR to be conducted here,
CONTRACT. at any time during the term of this
c- Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that
monies received from the OWNER Pursuant to this Agimgene
entmll not be'used for the Purpose
of lobbying the Legislature Or any Other State or FedezW A
39. ADDITIONAL ASS-—
a. NO Principal(which includes officers,directors,or executive)or individual
a Professional license ual holding
and PerfOrnling Work under this Agreement is presently debarred,
suspended, Proposed for debarment, declared ineligible or voluntarily excluded from
participation in any Work required by this Agreement by any Federal, State, or local
governmental commission, department, corporation, subdivision, or agency; 0
b, No principal.(which includes officers,directors, or executive),individual holding a
employed or otherwise provided compensation to, 0
professional license and performing Work under this Agreement, ernP1 yee, Or agent has
and any employee Or Of-Beer of the OWNER;
P. No Principal(which includes officers,directors, or executive),individual holding a
Professional liocrrse and performing Nark under this Agreement, employee or agent has
wvillfully offered an employee or officer of the 0
VrNER any Pecunary or
the intent to influence the employee or officer's official action or jud m other benefit with
J gment.
• FEDERALLY FUNDED PROJECTS—For Work that will be funded'in whole or in part
by
federal funds, the fallowing provisions shall apply, as rewired by Section 200,326, t of
Federal Regulations;
a. qual ErnPloyment QFOrtrr rty. During the performance of this contract,
Contractor agrees the
follows:
(1) The Contractor will not discr.uninate against any employee or applicant for
ernployrnent because of race, color, religion, sex,, or national origin. The Contractor will
take af#"zrInative action to ensure that applicants are employed, and that employees are
treated during erraployrrrent without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion,, or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.The Contractor agrees to post in conspicuous places,available to
employees and applicants for employment, notices to be provided setting forth the
Provisions Of this nondiscrimination clause,
( )The Contractor will,in all solicitations or advertisements
for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or national
origin.
(3)The Contractor will not discharge or in any other manner discriminate against
any employee or applicant far employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant Or
another employee or applicant. This provision shall not apply to irastaaacc in which an
applicants employeeapplicants as a part of suchwho has access to the an
information of other employees or
appl the essential job functions discloses the compensation
of such other employees or applicants to a
such information,unless individuals who do not otherwise have access to
such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation,proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4)The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,a notice
to be provided advising the said labor union or worka rs`represetatatives of the Contractor's
commitments under this section., and shall post copies of the notice in available to employees and applicants for employment. conspicuous actors
(5) The Contractor will comply with all provisions
September 24, 1965, andof Executive Order 11246 of
Of the rules,regulations, and relevant orders of the Se
Labor. 'cretary of
(6) The Contractor will finnish all information and reports required by Executive
Order 11246 Of September 24, 1965,and by rules,regulations,and Orders of the Secretary
of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by
the administering agency and the Secretary Of Labor for purposes of investigation t
ascertain compliance with such rules,regulations,and orders. 0
(7) In the event of the Contractors noncompliance
with the n M
aisles,regulations, or orders, this clauses of this contract or with any of the said i Ondiscri ination
on ct
iinated, or suspended in whole or in part and the Contractor may be
may be canceled, terty 8 C tra
declared ineligible for further Government contracts or federally assisted construction.
n Executive Order 11246 of
contracts in accordance with procedures authorized i
September 24, 1965, and such other sanctions as may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1905,or by rule,regulation,or order
of the Secretary of Labor, or as otherwise provided by law.
(8)The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such Provisions will be binding upon each subcontractor or vendor. The Contractor will
take such action with respect to any subco tract or purchase order as th administering
agency may direct as 'a means Of enfo
rcing such provisions, including sanctions for
no
noncompliance.- Provided, however, That in the event a Contractor invo v becomes
or is threatened with, litigation with a subcontractor or vendor as a res e I ed in,
by the administering agency the Contractor may request the United States to enter into such ult of such direction
litigation to Protect the interests of the United States.
b. Compliance with the Davis-Bacon Act
(1)The Contractor will comply with the David-Bacon Act(40 U-S,C. 3141 —3144
and 3146—3148)as supplemented by the Department of Labor regulations (29CFRP 5, "Labor Standards Provisions Applicable to Contracts Coveringgu ns art
Federally,Financed and
Assisted Construction"),which are incorporated herein by reference.
(2) In accordance with the statute, the Contractor shall pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. The Contractor shall pay wages not less than once a week.
(3) Subcontracts. The Contractor agrees to include these requirements in each
subcontract financed in whole or in part with Federal assistance,
(4)The Contractor agrees to report each suspected or reported violation to the City
and understands and agrees that the City will, in turn, report each violation as required to
..........
assure notification to the State of Florida, the federal
ral awarding agency, and as otherwise
c. COMPliance Mth the Copeland "Anti-Kickback"Act
(1)The Contractor will comply with the Copeland"A-uti-Xickback"Act(4(1 U S.0
3145) as supplemented by the Department of Labor Regulations (29 CFR fart t 3,
"Contractors or Subcontractors on Public Building or Public Work Financed in Whole or
in Part by Loans or Grants from the United States,
reference. % which are incorporated herein by
(2) The Contractor and each subcontractor shall be Prohibited from inducing, by
any means,any person employed in the construction,completion,or repair of public work,
to give up any part of the compensation to which be or she is otherwise entitled,
(3) Subcontracts. The Contractor agrees to include these requirements in each
subcontract financed in whole or in part with Federal assistance.
(4)The Contractor agrees to report each suspected or reported violation to the City,
and understands and agrees that the City will, in turn, report
assure notification to the State of Flori each violation as required to
appropriate. da, the federal awarding agency, and as otherwise
d. Compliance with the Contract Work Hours,and Safety Standards Act
(1)Overtime requirements.No Contractor or subcontractor contracting f
of the contract work which my require or involve the emplo or any part
mechanics shall require or Permit any such la yment of laborers or
borer or mechanic in any workweek in which
he or she is employed on such work to work in excess of forty hours in such workweek
Unless such laborer or triechanic receives Compensation at a rate not less n one and one-
or all hours worked in excess Of forty hours in such
half times the basic rate of pay f tha
work-week.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaidn, s Contractor and subcontractor shall be liable to the United St wages. In addition, such
,Staves (in the cased work done
under contract for the District Of Columbia or a territory, to such District Or to such
territory),for liquidated damages. Such liquidated damages shall be computed With respect
to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph(1)of this section, in the sum Of$10 for each
calendar day on which such individual was required or standard workweek of forty hours without permitted to work in excess of the
payment of the Overtime wages required by the
clause set forth in paragraph (1)of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its
own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from
Performed by the Contractor or subcontractor under
any such act or any other Federal
,Contract with the same prime Contractor,or any other federally-assisted contract subject to
the Contract Work Hour' and Safety Standards Act, which is held by the same Prime
Contractor, such sums as may be detemined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as Provided in
the clause set forth in paragraph(2)of this section_
(4) Subcontracts. The Contractor or subcontractor shall insert in any subcon ac
the Clauses set forth in paragraph(1)through(4) tr ts
Of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. e prim
Contractor shall be responsible The e
for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in Paragraphs(1)through(4)Of this section.
e. Rights to Inventions Made Under a Contract or Agreement.
If the Federal award meets the definition of "funding agreement" under 37 CFR
401.2(a)and the City Or Contractor wishes to enter into a
firm or nonprofit organization regarding the substitution
with a small business of parties, assignment
performance Of experimental, developmental, or research work r that "funding
or
e 3 0
agreement,,,agreement,,,the City or Contractor must comply with the requirements der
of de 7 CAR fart 4 1,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under,
Government Grants, Contracts and Cooperative Agreements,,, and any implementing
regulations issued by the federal awarding agency,
Clean Air Act
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued Pursuant to the Clean Air Act,as amended,42 U.S.C. § 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each Violation as required to assure notification to
the State of Florida, the federal awarding agency, and as otherwise appropriate.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding$100,000 financed in whole or in part with Federal assistance.
9. Federal WaterPollution Control Act
(1) The Contractor agrees to Comply with all applicable standards, orders or
regulations issued Pursuant to the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn,report each violation as required to assure notification to
the State of Florida,the federal awarding agency, and as otherwise appropriate.
(3) The Contractor
exceeding$150,0()o agree, to include these reqWrements in each subcontract
h. fmaticed iD whole or in part with Federal assistance.
SusPension and Debarment
(1) This contract is a covered transaction for purposes oft C.F.R. pt. 180 and 2
C.F.R.pt. 3000.As such the contractor is required to verify that none of the contractor, its
Principals (defined at 2 C.F.R. § 180.995), or its of diates(defined at 2 C.F.R. § 180.9o5)
are excluded(defined at 2 C.F.R.§ 180.940)or disqualified(defined at 2 C.F.R. § 180-935),
(2) The Contractor must comply with 2 CYK pt. 180, subpart C and 2 CY,P pt,
3000, subpart C and must include a requirement to comply with these regulations any
lower tier covered transaction it enters into_ in
(3) This certification is a material representation Of fact relied upon by the City, if
it is later determined that the Contractor did not comply with 2 C-F R pt. I subpart
and 2 C.F.R.pt. 3000, 80, ubp C
subpart C, in addition to remedies available to the State of Florida,
and the City, the Federal Government may Pursue available remedies,, including brat n ot limited to suspension and/or debarment.
(4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R.pt.30010,subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer farther agrees
to include a provision requiring such compliance in its lower tier c P
i. Byrd Anfi-Lohbying Amendment ti covered transactions.
Contractors who apply or bid for an award Of$100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person Or organization for influencing or attempting to
influence an officer Or employee,ofany agency,a member of Congress,officer or eM ploye e
Of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall
also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to: the
recipient.
APPENDIX A, 44 C.F.R.PART 18—CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants,Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding$100,000)
The undersigned [Contractor] certifies,to the best of his or her knowledge,that:
I- No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency,a Member Of Congress,an officer or employee of Con re
employee of a Member of Congress in connection with the awarding of any
or an
y Federal
contract the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification Of any]Federal contract, grant,loan,or cooperative agreement,
2. If any funds Other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an Officer or employee Of anY agency, a
Member of Congress,an officer or employee of Congress,Or an employee of a Member of
'Congress in connection with this F contract,xact, grant, loan, Or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to
Report Lobbying,"in accordance with its instructions,
3, The undersigned shall require that the language Of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,
contracts under grants, ts, subgrants, and
loans,and cooperative agreements)and that all subrecipients shall
certify and disclose accordingly,
this certification is a material representation of fact upon which reliance s d when
this transaction was made or entered into. Submission 0 was placed
of this certification a prerequisite
-S.C. § 1352(as amended by
for making or entering into this transaction imposed by 31,U is e
I
the Lobbying Disclosure Act Of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,0010 and not more than
$100,000 for each such failure, The Contractor,— W7 certifies or
affirms the truthfulness and accuracy of each statement of its ,certification and disclosure,
if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S. ,
§3801,et sect,, apply to this
certifi on and disclosure, if any,
Z
s Authorized Official
Signature of Co
`�
or
Name and Title of Contractor's Authorized Official
Procure ment cif. ecovered Materials
(1) In the performance of this contract,the Contractor shall make maximum use of
Products containing recovered materials that are EPA-designated items unless the product
cannot be acquired—
W 'Competitively within a timetrame providing for compliance with the
contract performance schedule;
(ii)Meeting contract Performance requirements; or
(iii)At a reasonable price.
(2)Information about this requirement,along with the list of EPA-designate items,
is available at EPA's Comprehensive
ht .00v/smm/comarehe Procurement Guidelines web site,
�
k, access to Records
The following access to records requirements apply to this contract-,
(1) The Contractor agrees to Provide the City, the State of Florida, the federal
awarding agency, the Comptroller General of the,United States, or any of their authorized
representatives access to any books, documents, papers, and records of the Contractor
which are directly pertinent to this contract for the purposes of making audits,
examinations,excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed,
(3)The Contractor agrees to provide the federal awarding agency Administrator Or
his authorized representatives access to Construction Or Other work sites perta
work being completed under the contract. ining to the
1. COmPliance with Federal Law, Regulations, and Executive Orders
This is an acknowledgement that federal financial assistance will be used to fund the
contract only, The Contractor will comply will all applicable federal law, regulations,
executive orders,the app
licable plicable federal agency Policies,procedures,and directives.
M. No Obligation by Federal Government
The Federal Government is riot a party to this contract and is not subject to any obligations
or liabilities to the non-Federal entity, contractor, or any other party pertaffiM- g to any
matter resulting from the contract.
11. Program Fraud and False,01-Fraudulent Statements or RelatedActs
The Contractor acknowledges that 31 U.S.C.Chap. 38(Administrative Remedies for False
Claims and Statements)applies to the Contractor's actions pertaining to this contract.
IN WITNESS WHEREOF,the parties have hereunto set their hands and
above written, on the date first
CITY OF WINTER SPRING,
13y,
Shawn Boyle,
C'TY Manager
Date:
�� fa .rye.
ATTEST; *�
Christi _
Croy City Clerk
CONTRACTOR
Print name/title F
Date: 2_ t w,
STATE OF f!
COUNTY .
The foregoing� �� mint w%� �wledged before sae by means of y lcal presence r
L0
_ . ,i .. .. r theof
- ..... ._. wh is .e..r�s onall y. known
to
....e
or Who Produced
identification and who did take an oatl).
(Notary Public Signature)
(Print lame) -�
NOtarY Public, State of
Commission No.:
y Commission Expires
ADDENDUM # I
Construction Agreement Dated 9/14/2020
Hicks Avenue—CWP Parking Lot Improvements
(ITB 05-20 LH)
THIS ADDENDUM dated this i"I'
day of September, 2020, supplements, amends and
modifies the terms and conditions of the Construction Agreement dated September 14, 2020
between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as
(OWNER)And WT Comp Inc., authorized' end duly licensed to do business in the State of Florida
(herein referred to as CONTRACTOR), as follows-,
Add the following to THE CONSTRUCTION AGREEMENT:
1. Definition of date of substantial completion.
a. The date of substantial completion of the work is the date certified in
writing by the Owner when(1) construction is sufficiently complete, in;
accordance with the contract documents, so the Owner can Occupy or utilize
the work for its intended purpose,as expressed by the contract documents,
and (2) any additional project-specific requirements or milestones for
"substantial completion" identified in the general or special conditions or
construction plans have been satisfied.
b. Substantial completion will be documented on the Certificate of substantial
completion attachment#1 to this Addendum.
No other terms or conditions of the contract are negated or changed as a result of this addendum.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal on the date first above
written.
CITY OF WINTER SPRINGS
By: ........
Shawn Boyle, City Manager
Date:
m AIED
TTEST:
Christian
Christian Gorman,4ntear:a a City Clerk
CONTRACTOR
By .. � .
Print name title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of(Z)physical presence or( �
online notarization,this �of day ofc . b thewho is personally known to rage or who
produced' as identification and who did take an.
oath. - (rotary Public Signature)
(Print Dame)
!Votary Public,State of WAUM ou IRZAD
D°D--
Commission No.: V Imo; 3
,2023
My Commission,Expires:.
ATTACHENT
CITY OF WINTER SPRINGS, FLORIDA
CERTIFICATE
F SUBSTANTIAL COMPLETION
Project:
Location
Contractor: _.em...
Contract Number:
DEFINITION OF....DATE
.....
OF SUBSTANTIAL COMPLETION
The date of substantial completion of the work is the date certified in writing by the Owner
when (1) construction is sufficiently complete, in accordance with the contract documents, so
the Owner can occupy or utilize the works for its intended purpose, as expressed by the
contract documents,and (2)any additional project-specific requirements or milestones for
"substantial completion" identified in the general or special conditions or construction plans
have been satisfied.
LIST OF ITEMS TO BE COMPLETED OR CORRECTED(if Applicable)
A.list of items to be completed or corrected,prepared by the Contractor and verified and amended by
the Owner's project coordinator,is attached hereto. The failure to include any items on such list Noes
not alter the responsibility of the Contractor to complete all work in accordance with the contract
documents. The date of commencement of warranties for items on the attached list will be the date
of final payment unless otherwise agreed to in writing,
Owner Representative Signature., _ ....__..-
_.. _.. m..._ .._._. . ._ . ._.r_a ._ Date:
The Contractor agrees to complete or correct the Work on the list attached hereto within
calendar days from the date of substantial completion.
Co. _ �.
ntractor Signature �� ..__ µ.�_.mml7at
-_. _. _._.. 1
DATE OF SUBSTANTIAL COMPLETION
The work performed under this contract has been reviewed and found to be substantially completed
The date of substantial completion of the project is the date accepted by the Owners representative
as indicated below and which,is also the date of commencement of applicable warranties required by
the contract documents.
er Representative Signature-