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HomeMy WebLinkAbout2022 05 23 Consent 305 - Consideration of Rejection of All Proposals Received for SR 434 Reclaimed Water Main Extension Project • CONSENT AGENDA ITEM 305 n, CITY COMMISSION AGENDA I MAY 23, 2022 REGULAR MEETING 1959 TITLE Consideration of Rejection of All Proposals Received for SR 434 Reclaimed Water Main Extension Project SUMMARY In March 2022, the City issued RFP 02-22 requesting proposals for the construction of the SR 434 Reclaimed Water Main Extension Project. The purpose of the Request for Proposal (RFP)was to solicit proposals from qualified construction firms with solid and proven experience in underground utilities. The RFP closed on April 14, 2022; four responses were received, listed in alphabetical order: • ADS, Inc. • Amici Engineering • DBE Utility Services • Killebrew, Inc. On April 28, 2022, the Selection Committee met to score the proposals and to open the sealed bid prices. The following was the outcome: • ADS, Inc. - Score 77.20 - Bid: $2,508,640 • DBE Utility Services - Score 71.90- Bid: $2,951,419 • Amici Engineering- Score 64.41 - Bid: $3,594,643 • Killebrew, Inc. - Score 48.98 - Bid: $2,543,805 At this time, the City has not issued a Notice of Intent to Select to any contractor. In the RFP, the City reserved the right to reject any or all proposals, with or without cause, to waive technicalities and minor irregularities, or to accept the proposals which, it its judgment best serves the interest of the City. Shortly after the Scores were posted, the City received comments from at least one contractor, prompting further review of the RFP and the responses received. Upon further review, the City Manager recommends that all proposals be rejected. The RFP would be republished with more specific instructions to contractors regarding, at minimum, the following: (1) subcontractor identification and minimum qualifications for subcontractors; and (2) preparation of"project approach" narratives, including emergency response plans, staging plans, and approaches to the most significant 1 risks/challenges posed by the project construction. Further clarification regarding these topics in a revised RFP is anticipated to yield more descriptive responses from contractors that will allow the City to better compare their approaches and to choose the contractor in the best interest of the City. Attached is RFP 02-22, accompanying addendums, and the full proposals received. RECOMMENDATION Staff recommends the Commission review the attached proposals, and authorize the City Manager to reject all proposals with the intent to revise the RFP and to rebid. 2 Incorporated 1959 it Project Manual City of Winter Springs SR 434 RECLAIMED WATER MAIN EXTENSION March 2022 3 THIS PAGE INTENTIONALLY LEFT BLANK 4 SR 434 Reclaimed Water Main Extension INDEX-I INDEX TO PROJECT MANUAL CITY OF WINTER SPRINGS SR 434 RECLAIMED WATER MAIN EXTENSION Request for Proposal # 02-22 JN March 2022 DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 000005 Certification 000005-1 000020 Advertisement for Proposals 000020-2—000020-2 000100 Instructions to Proposers 000100-1 —000100-14 000300 Mandatory Proposal Forms 000300-1 -000300-17 000410 Bid Bond Form 000410-1 — 000410-2 000500 Agreement Form 000500-1 -000500-20 000610 Performance Bond Form 000610-1 — 000610- 6 000620 Labor and Materials Payment Bond Form 000620-1 — 000620-3 000660 Notice of Selection Form 000660-1 000661 Notice to Proceed Form 000661-1 000662 Release of Lien Form 000662-1 — 000662-2 000663 Partial Release of Lien Form 000663-1 000680 Application for Payment Form 000680-2— 000680-4 000700 General Conditions 000700-1 — 000700-5 000950 Change Order Form 000950-1 — 000950-5 DIVISION I GENERAL REQUIREMENTS 011000 Summary of Work 011100-1 -011100-3 012000 Project Meetings 012000-1 -012000-5 012200 Measurement&Payment 012200-1 -012200-6 012500 Substitution Procedures 012250-1 — 012200-3 013000 Administrative Requirements 013000-1 —013000-3 013150 Pre Construction Video 013150-1 — 013150-4 013200 Project Schedule 013200-1 — 013200-2 013300 Submittal Procedure 013000-1 —013000-4 016000 Product Requirements 016000-1 017000 Closeout Requirements 017000-1 -017000-11 March 2022 Index 5 SR 434 Reclaimed Water Main Extension INDEX-2 DIVISION 2 SITE WORK 022050 Site Grading 022050-1 — 022050-2 022200 Site Clearing 022200-1 — 022200-2 023200 Trenching, Bedding, Backfill 023200-1 — 023200-4 DIVISION 3-30 NOT USED DIVISION 31 EARTHWORK 312316 Excavation 312316-1 —312316-14 312323 Fill 312323-1 — 312323-4 DIVISION 32 EXTERIOR IMPROVEMENTS 321216 Asphalt Paving 321216-1 — 321216-6 DIVISION 33 UTILITIES 330505 Hydrostatic Testing 330505-1 — 330505-4 330507 Utility Directional Drilling 330507-1 — 330507-8 330561 Concrete Manholes 330561-1 — 330561-2 330597 Identification and Signage for Utilities 330597-1 — 330597-2 331500 Public Reclaimed Water Distribution Piping 331500-1 — 331500-2 DIVISION 34-50 NOT USED APPENDICES Appendix A: FDOT Construction Permits (PERMIT TO BE ISSUED VIA ADDENDUM) March 2022 Index 6 SR 434 Reclaimed Water Main Extension 000005-1 SECTION 000005 CERTIFICATION SR 434 Reclaimed Water Main Extension This Project Manual is certified as follows: CIVIL ENGINEER Divisions 1, 2, 31, 32, 33 Kimley-Horn, Inc. 189 Orange Avenue, Ste 1000 Orlando, FL 32801 Ph. 407.898.1511 Certificate of Authorization No. 21075 Lance Littrell, P.E., 65645 Date The appendices to this Project Manual may contain information prepared by other professionals, bearing the name, address, and logo of the professional. Kimley-Horn, Inc. is not responsible for items prepared by other professionals,and these items are not covered under the above registered professional's signature and seal. March 2022 Certification 7 THIS PAGE INTENTIONALLY LEFT BLANK 8 SR 434 Reclaimed Water Main Extension 000020-1 SECTION 000020 ADVERTISEMENT FOR PROPOSALS REQUEST FOR PROPOSALS Proposals are hereby solicited by the City of Winter Springs, Florida for: SR 434 RECLAIMED WATER MAIN EXTENSION Request for Proposal# 02-22 JN Sealed Proposals must be received by April 14,2022 at 2:00 P.M. at the City of Winter Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL 32708. Proposal opening will be on April 14, 2022 at 2:30 P.M. at City of Winter Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL 32708. The Proposal Documents may be downloaded in pdf format from DemandStar and the City's website at the following link: http://www.wintersprin s.�g/EN/web/ ovg /bids purchasing htm This construction project consists of the following as shown on plans: 1. Installation of approximately 9,900 LF of 12" HDPE reclaimed water main piping along SR 434 by Open-Cut, Jack and Bore, and Directional Drilling installation. A MANDATORY pre-proposal meeting to review the RFP documents will be held at City Hall on March 10, 2022 at 2:00 P.M. In an effort to maintain social distancing, we will not be able to tour all Respondents at the same time. During the pre-bid meeting, we will schedule time slots based on the number of Respondents for a MANDATORY field trip to be conducted by appointment only to the SR 434 Reclaimed Water Main Extension on March 15 and/or March 16,2022. Each Respondent is limited to three(3)participants per tour.All attendees shall be required to sign-in and provide their own transportation to/from the facilities and provide their own safety equipment appropriate for touring the facilities. All questions regarding the RFP should be directed to Rebecca McKeown, City Procurement Manager by e-mail to rmckeowngwintersprin sg fl.org. Questions received less than seven(7) Calendar days prior to Proposal Opening will not be answered.The City of Winter Springs reserves the right to reject any or all proposals, with or without cause, to waive technicalities and minor irregularities, or to accept the proposals which, it its judgment best serves the interest of the City. March 2022 Advertisement for Proposals 9 SR 434 Reclaimed Water Main Extension 000020-2 Table 1-Procurement Schedule NO. ACTIVITY DATE 1 Issue RFP March 2,2022 2 Mandato Pre-Proposal Meeting March 10,2022 3 Mandatory Site Visits March 15-16,2022 4 Last Date for City to Receive Questions on RFP April 1,2022 5 Proposal Submission Due Date April 14,2022 6 Selection Committee Meeting and Preparation of April 26,2022 Recommendation to City Commission 7 City Commission Consideration and Selection of Proposal for May 9, 2022 Further Negotiations 8 Execution of a Written Agreement upon Completion of TBD Satisfactory Negotiations END OF SECTION March 2022 Advertisement for Proposals 10 SR 434 Reclaimed Water Main Extension 00100-1 SECTION 00100 INSTRUCTIONS TO PROPOSERS PART" 1 GENERAL 1.01 Project Identification A. Proposals are requested for providing construction services for SR 434 Reclaimed Water Main Extension for the City of Winter Springs,hereinafter called the OWNER, to be performed in compliance with this Project Manual and Drawings. B. AS DESCRIBED FURTHER BELOW IN SECTION 1.06, SELECTION OF THE PROPOSER AND PROPOSAL DEEMED MOST QUALIFIED AND IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED UNTIL FINAL APPROVAL OF A CONTRACT BY THE CITY COMMISSION OR CITY MANAGER AFTER NEGOTIATION OF SPECIFIC CONTRACT TERMS DEEMED TO BE IN THE BEST INTEREST OF THE CITY BY THE CITY COMMISSION AND CITY MANAGER. 1.02 Bidding Documents A. Definition RFP Documents consist of the Project Manual and Drawings. B. Copies of Documents, including any Addenda issued prior to receipt of bids RFP Documents may be obtained in compliance with the Advertisement for proposals. The RFP documents are only available in pdf format and can be downloaded from DemandStar and from the City website. No partial sets of the RFP Documents will be issued. Complete sets of the RFP Documents shall be used in preparing proposals; the OWNER will not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of RFP Documents. C. Questions Any Proposer who is in doubt as to the true meaning of any part of the RFP Documents, or finds a discrepancy or omission therein, may submit to the City Procurement Manager an e-mail request to rmckeown(a�wintersprin s_g fl.org for an interpretation or correction. Any interpretation, correction or change of the RFP Documents will be made by Addendum. Interpretations, corrections or changes made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections and changes. All questions must be submitted, in writing, on or before April 1, 2022. March 2022 Advertisement for Proposals 11 SR 434 Reclaimed Water Main Extension 00100-2 D. Addenda Addenda will be issued via DemandStar and the City website. All Addenda issued during the proposal period shall form a part of the Contract Documents, shall be covered in the proposal, and shall become a part of the Contract. Receipt of each Addendum shall be acknowledged in the Proposal Form; failure to do so may subject the Proposer to disqualification. It shall be the Proposer's responsibility to ensure that they have received all Addenda prior to submitting a proposal. The OWNER shall not be responsible for non-receipt or untimely receipt of Addenda due to acts of the delivering agency or any other source. 1.03 Examination of Documents and Inspection of Site A. Before submitting a Proposal, Proposers shall carefully examine the RFP Documents and inspect the project site to fully inform themselves of all existing conditions and limitations. Each Proposer, by submitting his Proposal, represents that he has so examined the RFP Documents and inspected the site, that he understands the provisions of the RFP Documents and that he has familiarized himself with the local conditions under which the work is to be performed. 1.04 Minimum Qualifications A. Minimum Financial Qualifications Proposer must be a Certified General Contractor or Underground Utilities Contractor, certified in the State of Florida and the City of Winter Springs, as necessary, to perform the required construction and hold the following criteria: 1. Has been in business for a minimum of five (5)years. 2. Proposer must provide documentation acceptable to the City that exhibits financial strength and ability to perform on this Contract. B. Minimum Construction Experience Qualifications The RFP requires that the Proposer and its subcontractors have sufficient experience in similar construction projects. This section sets forth certain Minimum Construction Experience Qualifications ("Minimum Qualifications") that must be met by the Proposer, and in some instances, its subcontractors, and describes the reference information that the Proposer must submit as part of the proposal to allow the City to confirm that these Minimum Qualifications are met. The Proposer must meet a Minimum Qualification associated with a Task listed below if the Proposer plans to perform 50% or more of the Task through its own forces for the Project. A Significant Task Subcontractor must meet a Minimum Qualification associated with a Task listed below, if the Proposer March 2022 Advertisement for Proposals 12 SR 434 Reclaimed Water Main Extension 00100-3 plans to have a Subcontractor perform 50% of the Task in the course of the Project. 1. The Minimum Qualifications include: ■ Successful completion of projects including construction o£12" (min.) pipe via open-cut installation, Directional Drill and Jack & Bore methods within a limited corridor that included conflicting utilities. ■ Experience with phasing/sequencing to maintain asset operation and flow of traffic at all times. ■ Critical transitions (including time sensitive tie-ins and overnight work). 2. A project will be considered counted toward meeting the applicable Minimum Qualification listed above only if, in addition the conditions referenced, both of the following conditions are met: (i) the project was undertaken, or the Proposer's/Subcontractor's portion of the project commenced, no earlier than 2010 and (ii) the Proposer/Subcontractor performed at least 50% of the Task described for that project. A project will be deemed "successful" for purposes of this RFP only if. (i) the entire project, including the Task referenced, achieved final acceptance; or (ii) the Task referenced was deemed substantially complete (i.e., the Facility Owner accepted the equipment installed or other result of the Task for the Facility Owner's beneficial use). A project will not be deemed to be "successful" for purposes above, even if it otherwise meets the foregoing, conditions, if any of the following occurred: (i) the Proposer/Subcontractor was terminated from the project for cause, (ii) in association with the work listed, the Proposer/Subcontractor received any enforcement agency warning letters,administrative fines or penalties,or the Proposer/Subcontractor was required to pay damages by a court of law, for Occupational Safety and Health Administration (OSHA) violations in association with work; (iii)after project completion, the Facility Owner requested the Proposer/Subcontractor to provide warranty work and the Proposer/Subcontractor failed to provide such work to the Facility Owner's satisfaction; or (iv) the Facility Owner or the Facility Owner's contact person (listed below), for any other reason provides the City a negative reference regarding the Proposer/Subcontractor. 3. To help the City determine whether the Minimum Qualifications are met, the Proposer must submit the following as part of the proposal: (a) A list of Significant Task Subcontractors,including the name of the March 2022 Advertisement for Proposals 13 SR 434 Reclaimed Water Main Extension 00100-4 person or firm, their contact information, each Task for which the subcontractor will act as a Significant Task Subcontractor, and the approximate percentage of work they will be completing in comparison to the entire project. (b) A Reference Package that shall contain a title page with the City RFP number and title as referenced in the Advertisement; the name of the Proposer, followed by References for the Proposer and each Significant Task Subcontractor. (c) The Reference Package shall contain a minimum of three projects to show the Minimum Qualifications for Utilities Construction are being met. For each project,the following must be provided: i) The name and location of the project, the type of Proposer's/Subcontractor's work on the project (with reference to the Tasks listed above), the years in which the work was performed, and a summaiy of any OSHA safety violations or significant injuries received by Proposer's/Subcontractor's employees during the course of the work (significant meaning an injury resulting in the employee missing 15 or more days of work or death). ii) The name and address of the Facility Owner. iii) At least one Contact Person for Facility Owner. The Contact Person must have sufficient knowledge of the project listed to confirm that the applicable Minimum Qualifications were met by the Proposer/Subcontractor. The Contact Person need not to be a former or current officer or employee of the Facility owner, so long as the person represented the Owner's construction management and/or construction interests for project listed (such as by acting as project manager, project administrator, resident construction engineer, etc.) The Contact Person, title name of employer, and telephone number or email address (or both) must be provided. The Proposer is encouraged to provide a backup Contact Person in each instance in case the City is unable to reach the primary Contact Person. 4. In evaluating the proposals received, the City intends to contact each reference listed (and with respect to OSHA violations, the appropriate agencies) to verify the Minimum Qualifications were met. Proposers meeting the Minimum Qualifications (including with respect to their Significant Task Subcontractors) will be considered qualified to perform the work and their Bid considered responsive March 2022 Advertisement for Proposals 14 SR 434 Reclaimed Water Main Extension 00100-5 provided other material requirements of the Bid are met. NOTE: A Proposer is not prohibited from listing more than the minimum number of projects to show that a specific Minimum Qualification is met (provided the Proposer complies with the space limitations for the Reference Set). For example, a Proposer could submit references for four Utilities Construction projects instead of three. However, additional experience will not affect a Proposer's standing as a qualified Proposer. Proposers failing to meet the Minimum Qualifications will be considered non-responsive to the Bid and ineligible from further consideration. 1.05 Proposal Procedure A. Form of Proposal I. This RFP considers multiple factors in selecting the top ranked firm. This includes: (a) Team Qualifications—20% (b) Schedule—30% (c) Approach—20% (d) Price— 30% A committee will review and score the team qualifications, schedule, and approach prior to opening of the price. These scores will be summarized and finalized. After completion of the "qualifications" evaluation, the price submittal will be opened and factored in to determine the top ranked firm. The price score will be based on the lowest bidder receiving the maximum score, with reduced points awarded to the remaining teams based on percentage over the low bidder. 2. Each Proposal shall include a completed Bid Form included in the RFP Documents. The Proposer is not permitted to make changes in the Bid Form provided. The Proposer shall fill in spaces on the Bid Form by typewriter or manually in ink. When a Proposer submits a Bid with spaces containing erasures or other changes, the person signing the Bid must initial changes, each erasure or change. 3. The Proposer must fill in all relevant blank spaces on the Bid Form. Where so indicated by the makeup of the Bid Form, amounts shall be expressed in both words and figures, and in case of discrepancy between the two, the amount in words shall govern. In Unit Price type March 2022 Advertisement for Proposals 15 SR 434 Reclaimed Water Main Extension 00100-6 Bids; the Proposer must furnish a Unit Price for all items, regardless of the quantity. In case of discrepancy between the Unit Price and the Total Amount,the Unit Price shall govern. 4. No conditional Bids will be accepted. Alternate Bids will not be considered unless called for. Oral proposals or modifications will not be considered. 5. The Bid Form shall include the legal name of the Proposer and a statement whether the Proposer is a sole proprietor, a partnership, a corporation, or any other legal entity, and the Bid Form shall be signed by the person or persons legally authorized to bind the Proposer to a Contract. A Bid by a corporation shall further give the State of incorporation and have the corporate seal affixed. A Bid Form submitted by an agent shall have a current Power of Attorney attached certifying agent's authority to bind Proposer. B. Bid Security 1. Each Bid shall be accompanied by a Bid Security in the form of a certified check or bid bond in an amount equal to at least five percent (5%) of the Total Bid Price,payable without condition to the OWNER, as a guaranty that the Proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the RFP Documents. Bid Bond shall be on the form provided as Section 00410. 21 If for any reason the Proposer withdraws his Bid after Bid Opening and prior to the time specified under"Modification and Withdrawal" herein or fails to execute an Agreement or to provide the specified bonds, such Proposer shall be in default and the Bid Security shall be forfeited. 3. The Bid Security of all except the three (3) apparent lowest Proposers will be returned within 10 days after the canvass of Bids. C. Submission of Proposals L The Proposal shall be enclosed in a sealed opaque envelope. This envelope shall be addressed to: City of Winter Springs Attn: Rebecca McKeown 1126 East State Road 434 Winter Springs,FL 32708 March 2022 Instructions to Proposers 16 SR 434 Reclaimed Water Main Extension 00100-7 The Front of Envelope must be marked RFP # 02-22 JN and shall be identified with the Proposer's name and address. 2. Submit three (3) copies of the completed RFP Documents and one flash drive containing a digital version of the Response. 3. Proposals shall be delivered to the designated location prior to the time and date for receipt of proposals indicated in the RFP Documents or any extension thereof made by Addendum. Proposals received after the time and date deadline for receipt will be returned unopened to the person or firm submitting the Proposal. 4. The Proposer shall assume full responsibility for timely delivery of his Proposal to the designated location. 5. PARTIES DESIRING TO RESPOND TO THIS RFP ARE HEREBY NOTIFIED THAT ALL COMMUNICATIONS REGARDING THIS RFP, WHETHER IN WRITING, ELECTRONIC,VERBAL, OR BY SOME OTHER MEANS,AND WHETHER MADE INDIRECTLY BY THIRD PARTIES OR DIRECTLY BY THE RESPONDENT, SHALL BE SUBMITTED TO THE CITY'S PROCUREMENT MANAGER, EXCEPT LEGAL MATTERS MAY BE DIRECTED TO THE CITY ATTORNEY DIRECTLY OR THROUGH THE PROCUREMENT MANAGER. EXCEPT AS EXPRESSLY REQUIRED BY THIS RFP FOR FORMAL PRESENTATIONS (IF ANY), ANY INDIRECT OR DIRECT COMMUNICATIONS AND LOBBYING REGARDING THIS RFP MADE TO MEMBERS OF THE CITY COMMISSION, MEMBERS OF THE SELECTION COMMITTEE, OR ANY OTHER CITY OFFICIAL ARE STRICTLY PROHIBITED AND SHALL CONSTITUTE GROUNDS FOR IMMEDIATE DISQUALIFICATION. D. Modification and Withdrawal 1. Proposals may not be modified after submittal. 2. Proposals may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be received by the OWNER before the time and date stated or as amended for the Proposal Opening. Properly withdrawn Proposals will be returned unopened to the person or firm submitting the Proposal. 3. A Proposer who timely withdraws his Proposal may submit a new Proposal in the same manner as specified herein under "Submission March 2022 Instructions to Proposers 17 SR 434 Reclaimed Water Main Extension 00100-8 of Proposal". A Proposal submitted in place of a withdrawn Proposal shall be clearly marked as such on the outside of the envelope and on the Bid Form. 4. If a Contract is not awarded within 90 calendar days after opening of Proposals, a Proposer may file a written request with the OWNER for the withdrawal of his Proposal. E. Proposal Disclosure; Florida Public Records Law Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section 119.0 1, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law, information and materials received by the City in connection with an RFP response and under any awarded contract shall be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Respondent believes any of the information contained in its response is exempt from the Public Records Law, the Respondent must, in its response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption; otherwise, the City will treat all materials received as public records. In addition, the Respondent shall make available to the City, or any of its duly authorized representatives, any books, documents, papers, and records of the Respondent which are directly pertinent to any contract awarded under this RFP for the purpose of making audit, examination, excerpts, and transcriptions. All records shall be retained for a minimum of three (3) years after the City makes final payment under the contract awarded under this RFP and all other pending matters are closed by the City. All materials submitted in response to this RFP shall become property of the City. The City has the right to use any or all information/material submitted. Disqualification of a Respondent does not eliminate this right. 1.06 Consideration of Proposals and Basis of Award A. Basis of Selection 1. Except in cases where the OWNER exercises the right to reject all Proposals, as soon as practicable after Opening of Proposals, the OWNER shall select the Proposer and Proposal deemed the most qualified,most advantageous, and in the City's best interests as determined in the sole and absolute discretion of the City Commission of the City of Winter Springs for further negotiation of a contract. March 2022 Instructions to Proposers 18 SR 434 Reclaimed Water Main Extension 00100-9 2. All responses will be subject to a review and evaluation process under the terms, conditions and procedures set forth in the RFP. It is the intent of the City that all Respondents responding to this RFP who meet the minimum requirements contained in this RFP shall be ranked, at the selection committee's and City Commission's sole and absolute discretion, in accordance with the evaluation criteria and factors established in the RFP. The City will consider all responsive and responsible responses received in its evaluation and award process. 3. Respondents shall submit information for evaluation in the categories listed below. Submittals will be scored and weighted using a cumulative point system (the maximum attainable score is 100 points) as follows: (a) Team Qualifications—20% i) Capabilities—Describe the company's in-house capabilities to complete project work of this type. Contractor to provide list of capabilities (3-page max). This shall include: a. Company background, type of work, areas of expertise b. Staff c. Equipment d. Ability to respond ii) Similar Project Experience—Provide the company's experience with similar projects in Florida. Provide a 1-page introduction describing overall experience followed by 3 reference projects (1- page per project). The 3-reference project shall include the following information: a. Owner b. Project Name c. Project Location d. Dates work was performed e. Brief description of the work. Notate type of work with applicable similarities such as pipeline size, emergency/criticality,maintaining service during construction,phasing, etc.) Work shall be completed within the last 10 years. f. Was the project schedule met? g. What challenges occurred? How were these overcome? h. Summary of any OSHA safety violations or significant injuries during the course of the work. i. Owner Contact information(with phone number and March 2022 Instructions to Proposers 19 SR 434 Reclaimed Water Main Extension 00100-10 email). Note the owner may be contacted as a reference. iii) Sub-Contractors a. Identify key sub-contractors to be utilized, their role, contact information, and approximate percentage of work intended to complete(in comparison to entire project). iv) Project Manager a. Identify the Project Manager. Provide a resume (2-page max) for the project manager,including location, experience,credentials and licenses.Notate experience with similar emergency projects and the outcome of the proj ect. b. Identify an assistant or backup Project Manager with resume (2-page max). (b) Schedule—30% i) Project Schedule-Provide a firm project schedule for project completion. Include: a. A schedule which at a minimum identifies: ■ Overall project schedule ■ Major equipment purchase/lead time duration ■ Phasing ■ Duration of major construction periods with milestones ■ Critical path items ■ Substantial completion date ■ Final Completion date b. The schedule shall be based on"days from Full Construction NTP" c. Adherence to schedule—Time is of the essence. The contractor will adhere to the schedule,which they propose in this proposal. The contract agreement and duration will be set based on the proposed contractor schedule. Liquidated damages will be enforced per the Contract Documents (Agreement Form)based on the contractor's proposed schedule. (c) Approach—20% March 2022 Instructions to Proposers 20 SR 434 Reclaimed Water Main Extension 00100-11 i) Project Approach—Provide a project approach. The project approach shall address the contractor's approach to the overall project,including: a. Overall project approach for successful completion. Proposed phasing plan, noting any variations or special considerations from the contract documents. b. The greatest risk in the project and methods to minimize this risk c. Emergency plan—Based on potential risks, identify the commitment and ability to provide the City with emergency support if required. Note: The contractor will not include "emergency"items in their bid pricing. d. Project Approach to maintain existing landscaping along SR 434 median and right-of-way intact to the maximum extent possible and proposal for restoration of damaged landscaping. e. Staging Plan,proposed material laydown and equipment staging areas to be identified. (d) Price— 30% Price - Lowest-priced qualified bidder will be awarded the maximum number of points in scoring. All other bidders will receive a reduced number of points scaled based on a percentage over the low bidder. All Responders shall submit their proposed cost for this project by completing the Bid Tabulation Form. 1.07 Notice of Selection, Performance Bond and Labor and Materials Payment Bond Upon the selection of the best and most advantageous Proposal by the City Commission, the selected Proposer shall enter into contract negotiations with the City. THE SELECTION BY THE CITY COMMISSION SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. No contract shall be formed until final approval and execution of a written contract by the City Commission or City Manager occurs, containing such terms as the City Commission and City Manager determine are in the best interest of the City. Negotiations may be terminated at any time by the City Manager if, in his or her sole discretion, the City Manager determines that the negotiation of terms acceptable to the City will not be successful. Within five (5) calendar days from the date stipulated in the Notice of Selection notifying CONTRACTOR that its Proposal has been accepted, the successful Proposer shall begin negotiation of the Final Agreement and provide all required Exhibits, if any, within five (5) days of selection. The Final Agreement shall be submitted and executed within 10 business days of selection. Simultaneously with the execution of the Agreement, CONTRACTOR shall furnish a Performance Bond and a Labor and Materials Bond each in the amount of 110 percent of the contract price. The bonds shall be secured March 2022 Instructions to Proposers 21 SR 434 Reclaimed Water Main Extension 00100-12 from a surety company acceptable to the OWNER. The forms of the Bonds the successful Proposer will be required to execute are included in the RFP Documents as Section 00610 and 00620.Failure to execute the Agreement and/or to furnish said bonds within ten (10) calendar days from the date of the Notice of Award entitles the OWNER to consider all rights arising out of the OWNER'S acceptance of the Bid as abandoned and the Bid Bond shall be forfeited. The OWNER shall be entitled to such other rights as may be granted by law. 1.08 Proposer's Interest in More Than One Proposal No person, firm, or corporation shall be allowed to make, file, or have an interest in more than one Proposal for the same work, unless Alternates are called for. A person, firm, or corporation who has submitted a sub-bid to a Proposer or who has quoted prices on materials to a Proposer is not hereby disqualified from submitting a sub-bid or quoting prices to other Proposers. 1.09 Employment and Wage Requirements The Proposer's attention is directed to the conditions of employment to be observed and minimum wage rates to be paid under the Florida State Statutes. 1.10 Subcontracts Proposer's attention is directed to Florida State Statutes, Chapter 455.228, which describes the enforcement proceedings regarding the use of unlicensed professionals. 1.11 Certificates and Licenses Proposers must be qualified under Florida Law to perform the Contract work required and upon request must present a copy of the license(s)required to perform the work. 1.12 Florida Statutes, Section 287.133(3)(a)- Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, 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, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 1.13 Code of Silence/Lobbying Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and/or all other groups who seek to influence the governmental decision of a City Commission Member, the City Manager, any requesting March 2022 Instructions to Proposers 22 SR 434 Reclaimed Water Main Extension 00100-13 or evaluating Department/Division/Office personnel and/or any member of the Evaluation Committee concerning an active solicitation during the black-out period. A lobbying black-out period commences upon the issuance of this solicitation document. If an award item is presented to City Commission for approval or for a request to provide authorization to negotiate a Contract(s) and the City Commission refers the item back to the City Manager, Procurement Division and/or requesting Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black-out Period will be reinstated until such time as the City Commission meets to consider the item for action. Bid/proposers, respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives shall not contact any City Commission member, the City Manager, any requesting or evaluating Division/Department/Office personnel, and/or any member of the Evaluation Committee concerning an active solicitation during the Cone of Silence/Lobbying Black-out Period. 1.14 Prohibition on Gifts to City Employees and Officials No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III,Florida Statutes,the current City Ethics Ordinance,and City Administrative Policy.Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with City staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the City for a specified period of time, including but not limited to: submitting bid/proposals, RFP, and/or quotes; and, C. Immediate termination of any contract held by the individual and/or firm for cause. 1.15 Brand Names BRAND NAMES: If items called for by this RFP have been identified in the specifications by a "Brand Name OR EQUAL" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be acceptable. Bids/proposals offering "equal" products will be considered for award if such products are clearly identified in the bid/proposal and are determined by the City to meet fully the salient characteristic requirements listed in the specifications. Unless the proposer clearly indicates in his bid/proposal that he is offering an "equal" product, the bid/proposal shall be considered as offering the same brand product referenced in the specification. If the proposer proposes to furnish an "equal" product, the brand name, if any of the product shall be otherwise clearly identified. The evaluation of bids/proposals and the determination March 2022 Instructions to Proposers 23 SR 434 Reclaimed Water Main Extension 00100-14 as to equality of the product offered shall be the sole responsibility of the City and will be based on information furnished by the proposer. The applicable City Department is not responsible for locating or securing any information which is not identified in the bid/proposal. To ensure that sufficient information is available, the proposer shall furnish as a part of the bid/proposal any descriptive material necessary for the City to determine whether the product offered meets the specifications, to establish exactly what the proposer proposes to furnish and the City would be purchasing by making an award. 1.16 Discrimination An entity or affiliate who has been placed on the discriminatory vendor list 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, subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. END OF SECTION March 2022 Instructions to Proposers 24 SR 434 Reclaimed Water Main Extension 000300-1 SECTION 000300 MANDATORY PROPOSAL FORMS (Mandatory Forms must be submitted with the proposal. Failure to submit forms may disqualify the proposer from the RFP.) PART 1 GENERAL 1,41 Description The following Proposal is hereby made to the City of Winter Springs, hereafter called the OWNER. Proposal is submitted by: Legal Name (indicate whether sole proprietorship, partnership, or corporation): Address: Contact Name: Contact Phone Number: Contact E-Mail Address: 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual for SR 434 RECLAIMED WATER MAIN EXTENSION, February 2022. 2. Drawings for SR 434 RECLAIMED WATER MAIN EXTENSION, February 2022. 3. Addenda: Number , dated Number , dated B. Has examined the site and all RFP Documents and understands that in submitting his Proposal,he waives all right to plead any misunderstanding regarding the same. March 2022 Mandatory Proposal Forms 25 SR 434 Reclaimed Water Main Extension 000300-2 C. Agrees: 1. To hold this Proposal open for 90 calendar days after the bid opening date. 2. To furnish the goods and/or services specified in this RFP at the prices quoted in my responsive proposal and in compliance with the RFP Documents. 3. To accept the provisions of the Instructions to Proposers. 4. To negotiate a contract with the OWNER incorporating the proposal prices, if selected on the basis of this Proposal. S. To accomplish the work in accordance with the contract documents. 6. To complete the work within 240 calendar days of date of the Notice to Proceed(Final Completion). D. Certifies: 1. That all information contained in this bid/proposal is truthful to the best of my knowledge and belief. 2. That I am duly authorized to submit this bid/proposal on behalf of the vendor/contractor and that the vendor/contractor is ready, willing, and able to perform if awarded the bid/proposal. 1.03 Stipulated Amount A. Base Bid Price I will provide the services under this project for a Total Base Bid Amount of- Dollars £Dollars ($ ). The Proposer hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. The OWNER, at his sole option and discretion,may choose to add or deduct from the contract work at the unit prices set forth below. The Proposer shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Submittal provided by each Proposer: Unit Price, Total Price, Total Base Bid(See attached Bid Tabulation). 1.04 Bid Submittals A. Bids must be submitted in triplicate on the Bid Form. B. I have attached the required Bid Security to this Bid. March 2022 Mandatory Proposal Forms 26 SR 434 Reclaimed Water Main Extension 000300-3 C. I have attached all other Mandatory Forms in this Section. 1.05 Submittal RESPECTFULLY SUBMITTED, signed and sealed this day of , 2022. Proposer By: Title ATTEST: SECRETARY SEAL March 2022 Mandatory Proposal Forms 27 SR 434 Reclaimed Water Main Extension 000300-4 BID TABULATION The Proposer hereby indicates the following total units and total prices which represent all materials, labor, equipment,transportation,performance of all operations relative to construction of the project, overhead, and costs of all kinds and profit to complete the work items in accordance with the Project Manual, plans, and permits. Work for which there is not a listed item below shall be considered incidental to the Contract and no additional compensation will be allowed. The detailed Schedule of Values shall be provided by the lowest responsible bidder and be included with their executed contract, as attached. ITEM# DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT General 1 Mobilization General Conditions LS 1 2 Maintenance of Traffic LS 1 General Restoration - (Includes 3 grading, seeding, and mulching all LS 1 areas disturbed during construction, miscellaneous concrete) 4 Asphalt Restoration SY 333 5 Survey Layout & Record Drawings LS 1 6 Construction Testing(Pressure, LS 1 Bacteriological, Density Testing) Site Work 4" DR-11 HDPE Reclaimed Main 7 by Open Cut (including fittings, LF 300 restraints, adapters, etc.) 4" DR-11 HDPE Reclaimed Main 8 by Directional Drill (including LF 380 fittings, restraints, adapters, etc.) 4" DR-11 HDPE Reclaimed Main 9 by Jack and Bore w/ 10" Steel LF 100 Casing (including fittings, restraints, adapters, etc.) 8" DR-11 HDPE Reclaimed Main 10 by Open Cut (including fittings, LF 440 restraints, adapters, etc.) 8" DR-11 HDPE Reclaimed Main 11 by Jack and Bore w/ 14" Steel LF 100 Casing (including fittings, restraints, adapters, etc.) 12" DR-11 HDPE Reclaimed Main 12 by Open Cut (including fittings, LF 300 restraints, adapters, etc.) March 2022 Mandatory Proposal Forms 28 SR 434 Reclaimed Water Main Extension 000300-5 12" DR-11 HDPE Reclaimed Main 13 by Directional Drill (including LF 9700 fittings, restraints, adapters, etc.) 12" DR-11 HDPE Reclaimed Main 14 by Jack and Bore w/ 18" Steel LF 60 Casing (including fittings, restraints, adapters, etc.) 15 4" Flow Meter EA 1 16 2" Air Release Valve w/manhole EA 9 17 3" Gate Valve EA 1 18 4" Gate Valve EA 2 19 8" Gate Valve EA 2 20 12" Gate Valve EA 17 12" Stub-outs for Future 21 EA 2 Connections 22 Connect to Existing 4" Reclaimed EA 1 Water Main 23 Connect to Existing 8" Reclaimed EA 1 Water Main 24 Connect to Existing 8" Reclaimed EA 1 Water Main Valve 25 Connect to Existing 12" EA 1 Reclaimed Water Main CONSTRUCTION GRAND TOTAL TOTAL BID: DOLLARS (In Words) March 2022 Mandatory Proposal Forms 29 SR 434 Reclaimed Water Main Extension 000300-6 SCRUTINIZED COMPANY CERTIFICATION Florida Statutes, Sections 287.135 and 215.473 Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not,bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services of- (a) £(a) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or (b) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: 1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473; or 2. Is engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. The Contractor must submit this required certification form attesting that it is not a scrutinized company and is not engaging in prohibited business operations. The following shall be grounds for termination of the contract at the option of the awarding body: The company is found to have submitted a false certification; been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; or been engaged in business operations in Cuba or Syria. The City shall provide notice, in writing, to the Contractor of any determination concerning a false certification. The Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes. THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS FORM AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON-RESPONSIVE. a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel; and March 2022 Mandatory Proposal Forms 30 SR 434 Reclaimed Water Main Extension 000300-7 c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and, further, are not engaged in business operations in Cuba or Syria; and d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the City in writing if any of its company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria. (Authorized Signature) (Printed Name and Title) (Name of Vendor) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of O physical presence or O online notarization, this day of , 2022, by the of a (_) who is personally known to me or _) who produced as identification. Notary Public Print Name: My Commission expires: March 2022 Mandatory Proposal Forms 31 SR 434 Reclaimed Water Main Extension 000300-8 NON-COLLUSION AND CONTINGENT FEES AFFADAVIT State of Florida County of being first duly sworn, deposes and says that: He / She is of the Proposer that has submitted the attached Bid/Proposal; He / She is fully informed respecting the preparation and contents of the attached Bid/Proposal and of all pertinent circumstances respecting such Bid/Proposal; Such Bid/Proposal is genuine and is not a collusive or sham Bid/Proposal; Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer,firm or person to fix the price or prices in the attached Bid or of any other Proposer, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Proposers, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Winter Springs or any person interested in the proposed Contract; The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owner's employees, or parties in interest, including this affiant; and The proposer nor any of its officers,partners,owners, agents,representatives, employees or parties in interest,including this affiant,have not employed or retained any company or person, other than a bona fide employee working solely for the proposer to solicit or secure this agreement and that proposer has not paid or agreed to pay any person,company,corporation, individual, or firm, other than a bona fide employee working solely for the proposer any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. For the breach or violation of this provision,the City shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. (Authorized Signature) (Printed Name and Title) (Name of Vendor) March 2022 Mandatory Proposal Forms 32 SR 434 Reclaimed Water Main Extension 000300-9 STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of O physical presence or (_) online notarization, this day of , 2022, by the of a (_) who is personally known to me or (_) who produced as identification. Notary Public Print Name: My Commission expires: March 2022 Mandatory Proposal Forms 33 SR 434 Reclaimed Water Main Extension 000300-10 DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statues 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedure for processing the bids will be followed if none of the tied vendors have a drug-free work place program. In order to have a drug-free workplace program, a business shall: a. Publish a statement notifying employees that the unlawful manufacture, distribution, Dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b. Inform employees about the danger of drug abuse in the workplace, the business's policy maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. c. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (a). d. In the statement specified in subsection (a), notify the employees that, as a condition of working on the commodities or contractual services that are under bid/proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. e. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. f. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Company) (Signature & Title) March 2022 Mandatory Proposal Forms 34 SR 434 Reclaimed Water Main Extension 000300-11 CONFLICT OF INTEREST CERTIFICATION Before me, the undersigned authority,personally appeared, who was duly sworn, deposes, and states: I am the of with a local office in and principal office in City and State City and State The above-named entity is submitting an RFP for the City of Winter Springs described as: City of Winter Springs RFP # 02-22 JN SR 434 RECLAIMED WATER MAIN EXTENSION The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge and thereof the following; a. The Affiant states that only one submittal for the above bid/proposal is being submitted and that the above-named entity has no financial interest in other entities submitting bids for the same project. b. Neither the Affiant nor the above-named entity has directly or indirectly entered into any agreement,participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above bid/proposal. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. c. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. d. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. e. I certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with the City of Winter Springs. £ I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Winter Springs. March 2022 Mandatory Proposal Forms 35 SR 434 Reclaimed Water Main Extension 000300-12 g. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named entity, will immediately notify the City of Winter Springs. (Authorized Signature) Name of Business Phone &Fax Number (Printed Name and Title) Business Mailing Address City, State, Zip March 2022 Mandatory Proposal Forms 36 SR 434 Reclaimed Water Main Extension 000300-13 FLORIDA TRENCH SAFETY ACT CERTIFICATION Proposer acknowledges that the Bidder must comply with the Florida Trench Safety Act and applicable trench safety standards. Included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Proposer further identifies the costs to be summarized below. The separate item identifying the cost of compliance with trench safety standards shall be based on the linear feet of trench to be excavated. The separate item for special shoring requirements, if any, shall be based on the square feet of shoring used. Every separate item shall indicate the specific method of compliance as well as the cost of that method. Item Trench Safety Unit of Unit Unit Cost Extended Cost Measure Description Measure C This amount disclosed as the cost of compliance with the applicable trench safety requirement does not constitute the extent of the Contractor's obligation to comply with said standards. Contractor shall expend additional sums, at no additional cost to the OWNER (except as may otherwise be provided), which are necessary to so comply. Acceptance of the bid to which this certification and disclosure applies in no way represents that the OWNER or its representatives have evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the Proposer, as Contractor, of its sole responsibility to comply with the applicable trench safety requirements. Name of Firm Authorized Signature Date: This document shall be submitted with the Proposal packet. Failure to complete the above may result in the bid being declared non-responsive. March 2022 Mandatory Proposal Forms 37 SR 434 Reclaimed Water Main Extension 000300-14 CERTIFICATION A: (Debarment, Suspension and other responsibility matters—Primary Covered Transactions) The prospective primary participant certifies to the best of its knowledge and belief that its principals: a. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation of this proposal. Instructions for Certification (A) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below; a. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's deterinination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or any explanation shall disqualify such person from participation in this transaction. b. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous March 2022 Mandatory Proposal Forms 38 SR 434 Reclaimed Water Main Extension 000300-15 certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. C. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant,person, primary covered transaction,principal,proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations. e. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. f. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may,but is not required to, check the Non- procurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this March 2022 Mandatory Proposal Forms 39 SR 434 Reclaimed Water Main Extension 000300-16 transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. Certification B: (Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions) a. The prospective lower tier participant certifies,by submission of this proposal, that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant,person,primary covered transaction,principal,proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. d. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. March 2022 Mandatory Proposal Forms 40 SR 434 Reclaimed Water Main Extension 000300-17 e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. f. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may but is not required to, check the Non- procurement List. g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment. Applicant: Date: Signature of Authorized Certifying Official: Title: END OF SECTION March 2022 Mandatory Proposal Forms 41 SR 434 Reclaimed Water Main Extension 000410-1 SECTION 00410 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby and firmly bound unto the CITY OF WINTER SPRINGS as OWNER, in the penal sum of Dollars ($ ) for the payments of which,well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF WINTER SPRINGS a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Work described as: SR 434 Reclaimed Water Main Extension NOW, THEREFORE, if the Principal shall not withdraw said Bid within 90 days after the opening of the same, or in the alternate,if said Bid shall be accepted and the Principal shall execute and deliver required certificates of insurance and a contract that, at minimum, includes the terms of the Form of Agreement attached hereto (properly completed in accordance with said Bid), and shall give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then this obligation shall be void; otherwise the same shall remain in force and effect and the sum herein stated shall be due and payable to the CITY OF WINTER SPRINGS and the Surety herein agrees to pay said sum immediately, upon demand of the CITY OF WINTER SPRINGS, in good and lawful money of the United States of America, as liquidated damages for failure of the Principal; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the OWNER may accept such Bid; and said Surety does hereby give waive notice of any such extension. IN WITNESS WHEREOF,the above bounded parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. —1 r (Principal) (Seal) March 2022 Bid Bond Form 42 SR 434 Reclaimed Water Main Extension 000410-2 (Witness) (Title) (Address) (Surety) (Seal) (Witness) (Title) (Address END OF SECTION March 2022 Bid Bond Form 43 SR 434 Reclaimed Water Main Extension 000500-1 SECTION 000500 CONSTRUCTION AGREEMENT FORM (NOTE: The Form of Agreement is meant to be a sample document and shall be subject to approval of the City Attorney and City Manager or City Commission. Proposer shall be required to begin negotiation of the Final Agreement and provide all required Exhibits, if any, within five (5) days of selection. The Final Agreement shall be submitted within 10 business days of award. Submittal of a bid/proposal shall mean that the bidder/proposer is offering to furnish the goods or services specified in this RFP subject to, at a minimum, all terms and conditions included in this Form of Agreement. No alterations or modifications to this Form of Agreement shall be valid or binding unless made in writing and signed by an authorized City official.) THIS AGREEMENT is made this day of , 2022 by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as OWNER) and ., a Florida Corporation authorized and duly licensed to do business in the State of Florida(herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK- CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of SR 434 Reclaimed Water Main Extension("the Project"). 2. CONTRACT DOCUMENTS- The Contract Documents consist of this Agreement;Exhibits and Addendum to the Agreement; the SR 434 Reclaimed Water Main Extension Contract Documents and Technical Specifications Conformed September 2021, SR 434 Reclaimed Water Main Extension Conformed Plans Certified, Engineering Drawings prepared by Kimley-Horn, Inc., dated February 2022;RFP Documents issued by the City,dated February 2022;including Addenda,if any;Contractor's Bid Submittal, dated April 14, 2022; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. The CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be performed and that it enters into this Agreement on the basis of its own examination,investigation and evaluation of all such matters and not in reliance upon any opinions or representations of the OWNER,or of any of their respective officers,agents, servants,or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation,taxes,fees and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any discrepancies or omissions found in the Contract Documents shall be reported to the City's Project Manager immediately. The City's Project Manager will clarify discrepancies or omissions,in writing,within a reasonable time. March 2022 Agreement Form 44 SR 434 Reclaimed Water Main Extension 000500-2 3. ORDER OF PRECEDENCE -In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Change Orders b. Agreement,Exhibits and Addenda c. Supplemental Terms and Conditions d. General Terms and Conditions e. Engineering Plans and Drawings f RFP for SR 434 Reclaimed Water Main Extension issued by the City of Winter Springs dated February 2022, including any subsequently issued Addenda g. Contractor's Bid Submittal Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Contract Documents, the OWNER at its sole discretion will interpret the intent of the Contract Documents and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation and agrees to carry out the work in accordance with the decision of the OWNER. 5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. . The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. March 2022 Agreement Form 45 SR 434 Reclaimed Water Main Extension 000500-3 6. CONTRACT TIME - a. All provisions regarding Contract Time are essential to the performance of this Contract. b. The Work shall be completed according to the Contactor's proposed submitted schedule. Dates within the proposed schedule shall be modified to the following: 1. Limited Notice to Proceed May 18, 2022 2. Full Notice to Proceed July 17, 2022 3. Substantial Completion February 12, 2023 4. Final Completion March 14, 2023 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, special, or technical conditions or construction plans have been satisfied. c. The parties acknowledge that the Contract Time provided in this Section includes consideration of adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical storms. d. In the event that the Work requires phased construction, then multiple points of Substantial Completion may be established in the Supplementary Conditions. 7. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 6 above, plus any extensions thereof allowed in accordance with the General Conditions.OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly,instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER$500 for each calendar day that expires after the time specified in Paragraph 6 for substantial completion until the work is substantially complete and$500 for each calendar day that expires after the time specified in Paragraph 6 for final completion until the work is finally complete. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work. This provision binds Contractor's performance bond surety. 8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order. CONTRACTOR agrees to accept the Contract Price as full compensation for performing all Work, furnishing all Materials, and performing all Work embraced in the Contract Documents. March 2022 Agreement Form 46 SR 434 Reclaimed Water Main Extension 000500-4 The CONTRACTOR acknowledges that CONTRACTOR studied,considered,and included in CONTRACTOR's Total Bid all costs of any nature relating to: (1)performance of the Work under Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3) the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions of the Contract Documents, including, but not limited to, the indemnification and no damage for delay provisions of the Contract Documents. The CONTRACTOR acknowledges that performance 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 acknowledgments previously made, the CONTRACTOR acknowledges that the CONTRACTOR's Total Bid (original Contract Price) specifically considered and relied upon CONTRACTOR's own study of Underground Facilities, utilities in their present, relocated(temporary and permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities. (2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to coordinate and sequence the Work of the CONTRACTOR with the work of the OWNER, if any, with its own forces, the work of other contractors, if any, and the work of others at the Project site. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid,which shall be as fully a part 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 will include for 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 in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs,and profit. 9. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the OWNER reserves the right to revoke and terminate this Agreement in the following circumstances,each of which shall 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 days after written notice from the OWNER specifying the default complained of,unless,however,the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default,provided the CONTRACTOR March 2022 Agreement Form 47 SR 434 Reclaimed Water Main Extension 000500-5 promptly takes and diligently and continuously pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in 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 performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute,which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice.In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges,determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination,which may be a set-off to OWNER's damages. 10. FORCE MAJEURE -Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER's affiliates' generating plants,their equipment,or facilities;court injunction or order;federal and/or state law or regulation;or order by any regulatory agency;provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. 11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable. 12. PROGRESS PAYMENTS;DUE DATE FOR PROGRESS PAYMENTS, SUBMITTAL OF PAYMENT REOUESTS — No payments shall be made where a Payment and Performance Bond is required herein until OWNER receives a certified copy of the recorded Bond. OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or March 2022 Agreement Form 48 SR 434 Reclaimed Water Main Extension 000500-6 OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if- a. £a. Work is found defective and not remedied; b. CONTRACTOR does not provide consent of surety with each payment application; c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily. OWNER herein (X) designates or (_) does not designate 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 payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice,the payment request or invoice shall be deemed accepted,except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment request or an invoice,the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in accordance with the procedure established in s.218.735,Florida Statutes. OWNER hereby identifies the City's Finance Department as the agent or office to which the CONTRACTOR must submit payment requests or invoices. The OWNER further hereby identifies , Attn: as the agent that must approve payment requests prior to their submission to OWNER. 13. FINAL PAYMENT - OWNER shall withhold up to 5% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act("Act"). The retainage amount withheld may be released with the Final Payment after the issuance of the Final Completion Certificate. Consent of surety is required for final payment. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed,if the contract has been fully and timely perfonned,but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER all close-out documentation. March 2022 Agreement Form 49 SR 434 Reclaimed Water Main Extension 000500-7 By making payments OWNER does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; or c. Failure of Contractor to comply with any special guarantees required by the Contract Documents. Progress payments may be withheld if Work is found defective and not remedied; CONTRACTOR does not provide consent of surety with each progress application; a subcontractor is damaged by an act for which CONTRACTOR is responsible; or in the opinion of the OWNER, CONTRACTOR'S work is not progressing satisfactorily. Further, OWNER may withhold additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within the Contract Time. The additional payment, under this subsection, may at the OWNER'S discretion be withheld from subsequent Progress Payments. The City,by written change order and without invalidating the Agreement,may order extra Work or make changes by altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required for any change in Work must be included with the requested Change Order. In giving instructions, the City's Project Manager will have authority to make minor changes in the Work,not involving extra cost or time,and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering life or property, no extra work or change will be made unless it goes through the City's written Change Order process and is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing. The value of any such extra Work or change will be determined in one or more of the following ways: 1. By mutual acceptance of a lump sum. 2. By unit prices named in the contract or subsequently agreed upon. 3. By cost and percentage or by cost and a fixed fee. If none of the above methods is agreed upon, the CONTRACTOR,provided it receives an order as above, shall proceed with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the City's Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back-up documentation. In any case,the City's Project Manager will certify to the amount, including reasonable allowances for overhead and profit, due to the CONTRACTOR. Pending final determination of value,payments on account of changes will be made on the March 2022 Agreement Form 50 SR 434 Reclaimed Water Main Extension 000500-8 City's Project Manager's estimate. Furthermore, if the CONTRACTOR claims that any instructions by drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims will not be processed unless filed in writing before any work has commenced. In addition, if the City's Project Manager deems it appropriate the City may accept defective or incomplete work and an equitable deduction from the Contract Price will be made therefor by Change Order. 14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT:DUTIES AND AUTHORITY-The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, City Manager or his authorized representative is the OWNER's Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on-site inspections to perform his duties of checking and reporting on work progress,and any such inspections shall not waive Owner's claim regarding defective work by Contractor. No inspector is authorized to change any provision of the specifications without written authorization of the City's Project Manager, nor shall the presence or absence of an inspector relieve the CONTRACTOR from any requirements of the Contract Documents. If the specifications, the City's instructions, laws, ordinances, or any public authority, require any work to be specially tested or approved,the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date fixed for such inspection. Inspections by the City's Project Manager will be promptly made. If upon inspection such work is found not in accordance with the Contract Documents,the CONTRACTOR shall pay such cost,including compensation for professional services,and an appropriate deductive Change Order shall be issued. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. March 2022 Agreement Form 51 SR 434 Reclaimed Water Main Extension 000500-9 e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof,when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. g. City Reviews and Status. The City's review, inspection, or approval of any Work, applications for payment,or other submittals shall be solely for the purpose of determining whether the same are generally consistent with the City's scope and requirements for the project. No review, inspection, or approval by the City of such Work or documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any governmental or other regulatory agency or other governing body of any Work, design document, or construction document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the City's rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its performance, if any,may not be discovered until after payment, including final payment, is made by the City. Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non-conformance with the Contract Documents. Furthermore,the City shall not have control or charge of construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the CONTRACTOR, for any of the foregoing purposes,be deemed the agent of the City. 15. PROGRESS MEETINGS — OWNER'S Project Manager may hold periodic progress meetings on a monthly basis,or more frequently if required by the OWNER,during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER'S Project Manager. 16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. March 2022 Agreement Form 52 SR 434 Reclaimed Water Main Extension 000500-10 b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work,paying the fees thereof. CONTRACTOR warrants that it(and subcontractors or tradesmen, if authorized in the Contract Documents)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 provided in the Plans, Specifications, General Conditions, Special Conditions and other Contract Documents. The CONTRACTOR shall remove,replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or improper Work, materials or equipment discovered within one (1)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,Specifications,General Conditions,Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of first class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year after acceptance by OWNER. The one(1)period is not a limitation upon manufacturer warranties or CONTRACTOR's payment and performance Bond(s). f Project Site. The CONTRACTOR shall,among other things, (i)visit and thoroughly inspect the project site and any structure(s) or other man-made features to be modified and become familiar with local conditions under which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the location of all existing buildings,utilities, conditions, streets,equipment,components,and other attributes having or likely to have an impact on the project;(iii)familiarize itself with the City's layout and design requirements, conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates,including the Project Schedule;(v)review and analyze all project geotechnical, hazardous substances, structural, chemical, electrical, mechanical,and construction materials tests,investigations,and recommendations;and(vi) March 2022 Agreement Form 53 SR 434 Reclaimed Water Main Extension 000500-11 gather any other information necessary for a thorough understanding of the project. If the project involves modifications to any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as-built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR requests from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived. 17. ASSIGNMENT - CONTRACTOR shall not assign this Agreement, or any rights or any monies due or to become due hereunder without the prior,written consent of the OWNER. a. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors. b. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 18. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 19. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 20. NO JOINT VENTURE-Nothing herein shall be deemed to create a j oint venture or principal- agent relationship between the parties and neither parry is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 21. INDEMNIFICATION— CONTRACTOR shall indemnify and hold harmless the OWNER, its officers, employees, agents, engineer, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR'S own employees against the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its entitlement, if any, March 2022 Agreement Form 54 SR 434 Reclaimed Water Main Extension 000500-12 to immunity under Section 440.11,Florida Statutes. This waiver has been specifically and mutually negotiated by the parties. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense,at the option of the OWNER,as the case may be,of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. In consideration of the CONTRACTOR's indemnity obligations, the parties allocate ONE PERCENT(1%)OF THE CONTRACT SUM as specific consideration for CONTRACTOR's indemnification of OWNER and that the specific consideration is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged. The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement. 22. SAFETY-CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. More specifically, the CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All employees on the project site and other persons who maybe affected thereby. 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the project site. 3. Other property at the project site or adjacent thereto. CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with those same standards. Further,CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of Environmental Protection guidelines, and shall supply all information about hazardous chemical being brought onto City property as required by any applicable City Safety and Loss Control Program. 23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the following: March 2022 Agreement Form 55 SR 434 Reclaimed Water Main Extension 000500-13 a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto,and the execution,delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR.In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in substantially in conformance with the forms attached to the Agreement as Exhibit "A" and approved by the City Attorney. The materials, performance, and payment amounts shall be in an amount equal to 110% of the Contract Price for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under the Contract. The premium for such bonds is included in the Contract Price. 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 by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. March 2022 Agreement Form 56 SR 434 Reclaimed Water Main Extension 000500-14 c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. d. The CONTRACTOR shall maintain comprehensive builder risk insurance,which shall cover CONTRACTOR'S labor,and any materials and equipment to be used for completion of the Work performed under this Agreement, against all risks of direct physical loss, excluding earthquake and flood, for a minimum amount of the Total Contract Price. CONTRACTOR shall maintain the builder risk insurance required by this subsection until final completion. e. The CONTRACTOR shall maintain Pollution Liability Insurance in the minimum amount of$1,000,000 per loss and $1,000,000 in the aggregate, covering third-parry injury and property damage claims,including clean-up costs,as a result of pollution conditions arising from CONTRACTOR's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Agreement which satisfied the insurance requirements of this Paragraph 25. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30-day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER and its engineer shall be an additional named insured on all stipulated insurance policies as its interest may appear,from time to time,excluding worker's compensation and professional liability policies. Insurance covering the specified additional insureds shall be primary insurance,and all other insurance carried by the additional insured shall be excess insurance; and with respect to workers' compensation and employer's liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, CONTRACTOR shall require CONTRACTOR's insurance carriers to waive all rights of subrogation against OWNER and its engineer,the engineer's consultants,and their respective officers,directors, partners, employees and agents. Each policy shall contain a cross liability or severability of interest clause or endorsement. 26. MEDIATIONIVENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement,both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for SEMINOLE County,Florida. The Contractor's surety is bound by this provision. March 2022 Agreement Form 57 SR 434 Reclaimed Water Main Extension 000500-15 27. GOVERNING LAW & VENUE - This Agreement is made 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 SEMINOLE County, Florida. Venue for any federal action or litigation shall be Orlando,Florida. The Contractor's surety is bound by this provision. 28. ATTORNEY'S FEES- Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses of such action including,but not limited to, reasonable attorney's fees,whether at settlement,trial or on appeal. This provision does not apply to Contractor's surety. 29. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder,it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER.Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor,between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 31. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and program,audio or video tape,photograph,or other writing of the CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this Agreement,may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record,document,computerized information and program,audio or video tape,photograph,or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER.All books, cards, registers,receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section,and the OWNER must enforce this Section,or the OWNER suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to CONTRACTOR's failure to comply with this Section, the OWNER shall collect from CONTRACTOR prevailing party attorney's fees and costs, and any damages incurred by the City,for enforcing this Section against CONTRACTOR. And,if applicable,the OWNER shall also be entitled to reimbursement of all attorneys' fees and damages which the OWNER had to March 2022 Agreement Form 58 SR 434 Reclaimed Water Main Extension 000500-16 pay a third parry because of the CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-6560, 1126 East State Road 434, Winter Springs, Florida 32708 or City-Clerk- Department@winterspringsfl.org. 32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28,Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the OWNER's right to sovereign immunity under Section 768.28,Florida Statutes,or other limitations imposed on the OWNER's potential liability under state or federal law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, OWNER shall not be liable for any claim or judgment,or portion thereof,to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be bared under the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement. 33. HEADINGS-Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 34. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral,in effect between the parties relating to the subject matter hereof unless expressly referred to herein.Modifications of this Agreement shall only be made in writing signed by both parties. 35. WAIVER AND ELECTION OF REMEDIES - 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 duly authorized representative of March 2022 Agreement Form 59 SR 434 Reclaimed Water Main Extension 000500-17 each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 36. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 37. NOTICE-Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed,certified mail,return receipt requested, postage prepaid to: For CONTRACTOR: For OWNER: City of Winter Springs Attn: City Manager 1126 E. State Road 434 Winter Springs,Florida 32708 (407) 327-1800 Either parry may change the notice address by providing the other parry written notice of the change.Any Notice given as provided herein shall be deemed received as follows: if delivered by personal service,on the date so delivered;if delivered to an overnight courier service,on the business day immediately following delivery to such service;and if mailed,on the third business day after mailing. 38. CONFLICT OF INTEREST. a. The CONTRACTOR agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Contract with the OWNER or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes,relating to ethics in government and the OWNER's Personnel Policies. b. The CONTRACTOR hereby certifies that no officer,agent or employee of the OWNER has any material interest(as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%)either directly or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have any such interest at any time during the term of this CONTRACT. March 2022 Agreement Form 60 SR 434 Reclaimed Water Main Extension 000500-18 c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. 39. ADDITIONAL ASSURANCES. a. No principal(which includes officers,directors,or executive)or individual holding a professional license and performing 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; b. No principal(which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation to,any employee or officer of the OWNER; and C. No principal(which includes officers, directors, or executive), individual holding a professional license and performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the OWNER any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. 40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register with and use the U.S. Department of Homeland Security's E- Verify system,hltps:He-verify.uscis. og v/emp, to verify the work authorization status of all employees hired on and after January 1,2021. City Contractors must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1,2021 have had their work authorization status verified through the E-Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the contract,and shall result in the immediate termination of the contract without penalty to the City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract,including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the City Contractor utilizes Subcontractors the following shall apply: a. Contractor shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any employees they may hire during the term of the Agreement. b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ,contract with,or subcontract with an unauthorized alien, as defined in section 448.095,Florida Statutes. C. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. March 2022 Agreement Form 61 SR 434 Reclaimed Water Main Extension 000500-19 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: ATTEST: Christian Gowan, City Clerk CONTRACTOR By: Print name/title: Date: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of O physical presence or (_) online notarization, this day of , 20 , by , the of who is personally known to me or who produced as identification and who did take an oath. March 2022 Agreement Form 62 SR 434 Reclaimed Water Main Extension 000500-20 (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: END OF SECTION March 2022 Agreement Form 63 SR 434 Reclaimed Water Main Extension 000610-1 SECTION 000610 PERFORMANCE BOND FORM Bond No. BY THIS PERFORMANCE BOND, We , as Principal, whose address is and telephone number is and as Surety,whose address is and telephone number is are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-1800, in the initial sum of $ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the "Penal Sum"). WHEREAS,the Principal has executed a contract with the OWNER, dated , for the construction of the SR 434 Reclaimed Water Main Extension project in the City of Winter Springs, Seminole County, Florida (the "Project"); and WHEREAS,the OWNER has required the Principal to furnish a performance bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above,as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound for the full performance of the Contract including without exception all of the Contract Documents (as defined in the Contract) and all of their terms and conditions, both express and implied. Without limiting the Principal's and Surety's obligations under the Contract and this bond, the Principal and Surety agree: A. Promptly and faithfully perform their duties and all the covenants, terms, conditions, and obligations under the Contract including,but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and B. Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees under sections 627.428 or 627.756, Florida Statutes, and Danis Industries Corp. v. Ground Improvement Techniques, 645 So.2d 420 (Fla. 1994) and McCarthy Bros. Co. v. Tilbury Construction, Inc., 849 So.2d 7 (Fla. Ist DCA 2003), March 2022 Performance Bond Form 64 SR 434 Reclaimed Water Main Extension 000610-2 including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Contract, and C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so. 2. OWNER'S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER shall provide to Surety the written affidavit of the OWNER stating that the Principal is in breach or default of the Contract, and that such breach or default remains uncured by the Principal,then upon delivery of such affidavit to the Surety in the method for providing notices as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which action it will take as permitted in Paragraph 3. 3. SURETY'S OBLIGATION UPON DELIVERY OF OWNER'S AFFIDAVIT OF CONTRACTOR'S BREACH OR DEFAULT. Upon the delivery of the OWNER's affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety may promptly remedy the breach or default or must, within ten(10) days,proceed to take one of the following courses of action: A. Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work through its own CONTRACTORS or employees, approved as being acceptable to the OWNER,in the OWNER's sole discretion,provided,however,that OWNER's discretion in approving the Surety's CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and is not affiliated in any way with the Principal. During this performance by the Surety, the OWNER will pay the Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. During this performance by Surety, any payment bond required under the Contract must remain in full force and effect; or B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for fulfillment and completion of the Contract executed by the completing CONTRACTOR,to the OWNER for the OWNER's execution. OWNER's discretion to approve Surety's completing CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated with the Principal. OWNER's discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve the tendered contract shall be in OWNER's sole and absolute discretion. Upon execution by the OWNER of the contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the March 2022 Performance Bond Form 65 SR 434 Reclaimed Water Main Extension 000610-3 Contract. The OWNER will pay the completing CONTRACTOR from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. To the extent that the OWNER is obligated to pay the completing CONTRACTOR sums which would not have been due and payable to CONTRACTOR under the Contract (any sums in excess of the then remaining Contract balance less any sums due the OWNER under the Contract), the Surety must pay the OWNER the full amount of those sums at the time the completing CONTRACTOR tenders an invoice to the OWNER so that the OWNER can utilize those sums in making timely payment to the completing CONTRACTOR; or C. Tender the Full Penal Sum. Tender to the OWNER the full Penal Sum of the performance bond. The OWNER will refund to the Surety without interest any unused portion not spent by the OWNER procuring and paying a completing CONTRACTOR or completing the Contract itself, plus the cost allowed under Section 4, after completion of the contract for fulfillment and completion of the Contract and the expiration of any applicable warranties; or D. Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and the Surety. E. IT SHALL BE NO DEFENSE TO SURETY'S OBLIGATION TO UNDERTAKE ONE OF THE PRECEDING COURSES OF ACTION THAT THE PRINCIPAL CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT, OR THAT THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE AFFIDAVIT OF THE OWNER AS SPECIFIED IN PARAGRAPH 2. 4. SURETY'S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein above, the Surety must promptly pay the OWNER (i) all losses, costs and expenses resulting from the Principal's breach(es) or default(s), including, without limitation, fees (including attorney's fees pursuant to sections 627.428 or 627.756, Florida Statutes and related costs), expenses and costs for architects, ENGINEERS, consultants, testing, surveying and attorneys, plus (ii) liquidated or actual damages, whichever may be provided for in the Contract, for lost use of the Project,plus(iii)reprocurement costs and fees and expenses,plus (iv) costs incurred at the direction, request, or as a result of the acts or omissions of the Surety; provided that in no event shall Surety's liability exceed the Penal Sum of this Bond. 5. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any Modifications to the Contract, including changes in the Contract Time, the Contract Sum, the amount of liquidated damages, or the work to be performed under the Contract. March 2022 Performance Bond Form 66 SR 434 Reclaimed Water Main Extension 000610-4 6. NO THIRD PARTY BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER's heirs, administrators, executors, successors and assigns. No other party, person or entity has any rights against the Surety. 7. METHOD OF NOTICE. All notices to the Surety, the Principal or the OWNER must be given by Certified Mail, Return Receipt Requested, to the address set fourth for each party below: SURETY: Name: Attention: Street: City, State: Zip: PRINCIPAL: Name: Attention: Street: City, State: Zip: OWNER: The City of Winter Springs Attention: Shawn Boyle, City Manager 1126 E. State Road 434 Winter Springs, Florida 32708 (407) 327-5957 with a copy to: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta& Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 March 2022 Performance Bond Form 67 SR 434 Reclaimed Water Main Extension 000610-5 8. STATUTE OF LIMITATIONS. Any statutory limitation, which may be contractually superseded,to the contrary notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the Contract (including any warranty period) has not run or expired or within three (3) years following Final Completion of the Contract (including any warranty period) and acceptance of the Work performed under the Contract by the OWNER, whichever is longer. 9. RECITALS. The recitals contained in this Performance Bond are incorporated by reference herein and are expressly made a part of this Performance Bond. 10. GOVERNING LAW. This performance bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 11. VENUE. In the event any legal action shall be filed upon this performance bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 12. MISCELLANEOUS. A. The Surety agrees that this performance bond shall afford the OWNER with all of the protections and rights afforded under Florida Statutes and under common law. B. This performance bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this performance bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings,resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this performance bond. D. This performance bond shall remain in full force and effect until such time all the work, labor and materials under the Contract have been performed or provided to the OWNER's complete satisfaction, through the expiration of all warranty periods. March 2022 Performance Bond Form 68 SR 434 Reclaimed Water Main Extension 000610-6 Principal Surety (Typed Firm Name) (Typed Firm Name) (Seal) (Seal) By: By: (Signature) (Signature) (Printed Name) (Printed Name) (Title) (Title) (Address) (Address) (Date of Execution) (Date of Execution) END OF SECTION March 2022 Performance Bond Form 69 SR 434 Reclaimed Water Main Extension 000620-1 SECTION 000620 LABOR AND MATERIALS PAYMENT BOND Bond No. Bond No. BY THIS LABOR AND MATERIALS PAYMENT BOND, We as Principal, whose address is and telephone number is and as Surety, whose address is and telephone number is are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-1800, in the initial sum of$ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the "Penal Sum"). WHEREAS, the Principal has executed a contract with the OWNER, dated , for the construction of the SR 434 Reclaimed Water Main Extension project in the City of Winter Springs, Seminole County, Florida (the "Project"); and WHEREAS, the OWNER has required the Principal to furnish a labor and materials payment bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work provided under the Contract. Any such payments shall not involve the OWNER in any expense. 2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who March 2022 Labor and Materials Payment Bond 70