HomeMy WebLinkAbout2020 07 13 Consent 301 - Construction Services for East and West Water Reclamation Facilities Priority Repairs .44
P'rt'
• CONSENT AGENDA ITEM 301
CITY COMMISSION AGENDA I JULY 13, 2020 REGULAR MEETING
1959
00 WE
TITLE
Construction Services for East and West Water Reclamation Facilities Priority
Repairs
SUMMARY
Invitation to Bid (ITB) #02-20 LR was advertised from May 12, 2020 -June 29,
2020 for construction services related to priority repairs at the East and West
Water Reclamation Facilities, which include the following items:
1 . Install static screens (previously purchased by City).
2. Furnish and install new aeration equipment.
3. Furnish and install piping and pipe repairs.
4. Furnish materials and install structural repairs.
5. Miscellaneous plant repairs and painting.
The ITB outlined the construction services requested and submittal
requirements (Attachment 1). A total of three bids were received as shown
on the Bid Tabulation (Attachment 2). After review of the Bidding documents,
award of the Project is recommended to SGS Contracting Services, Inc. as the
lowest responsive, responsible bidder. Construction of the Priority Repairs
project is expected to begin in July 2020 and be completed in May 2021 . Both
wastewater treatment plants will remain operational during construction.
RECOMMENDATION
Staff recommends the City Commission authorize entering into an Agreement
with SGS Contracting Services, Inc. for construction of the East and West
Water Reclamation Facilities Priority Repairs (ITB #02-20 LR) in the amount of
$1,669,700.00 plus a 15% contingency for a total authorization of
$1,920,155.00 from the Utility Enterprise Fund. Additionally, authorization for
the City Manager and City Attorney is requested to prepare and execute any
and all applicable contract documents consistent with this Agenda item.
1
Incorporated
1959
i
Project Manual
City of Winter Springs
EAST & WEST WATER RECLAMATION FACILITIES
PRIORITY REPAIRS
Bid No. ITB 02-20 LR
May 2020
2
THIS PAGE INTENTIONALLY LEFT BLANK
3
East and West WRF Priority Repairs INDEX-1
INDEX
TO
PROJECT MANUAL
CITY OF WINTER SPRINGS
EAST & WEST WRF PRIORITY REPAIRS
City Bid No. ITB 02-20 LR
May 2020
DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS
OF THE CONTRACT
00005 Certification 00005-1
00020 Advertisement for Bids 00020-1 —00020-2
00100 Instructions to Bidders 00100-1 —00100-9
00300 Mandatory Bid Forms 00300-1 —00300-18
00410 Bid Bond Form 00410-1 —00410-2
00500 Agreement Form 00500-1 —00500-17
00610 Performance Bond Form 00610-1 —00610- 6
00620 Labor and Materials Payment Bond Form 00620-1 —00620-3
00660 Notice of Award Form 00660-1
00661 Notice to Proceed Form 00661-1
00662 Release of Lien Form 00662-1 —00662-2
00663 Partial Release of Lien Form 00663-1
00680 Application for Payment Form 00680-1 —00680-2
00700 General Conditions 00700-1 —00700-5
DIVISION 1 GENERAL REQUIREMENTS
01070 Abbreviations & Symbols 01070-1 —01070-3
01110 Summary of Work 01110-1 —01110-9
01200 Project Meetings 01200-1 —01200-5
01270 Measurement& Payment—Unit Price 01270-1 —01270-14
01300 Submittals 01300-1 —01300-4
01315 Pre-construction Video 01315-1 —01315-4
01320 Project Completion Schedule 01320-1 —01320-1
01410 Regulatory Requirements 01410-1 —01410-2
01450 Quality Control 01450-1 —01450-4
01770 Contract Closeout 01770-1 —01770-2
May 2020 Index
4
East and West WRF Priority Repairs INDEX-2
DIVISION 2 SITE WORK
02064 Modifications to Existing Structures, Piping 02064-1 —02064-3
And Equipment
02220 Site Demolition 02220-1 —02220-3
02230 Site Preparation 02230-1 —02230-2
02240 Dewatering 02240-1 —02240-3
02250 Compaction Control& Testing 02250-1 —02250-4
02315 Excavation and Fill 02315-1 —02315-8
02370 Erosion and Sedimentation Control 02370-1 —02370-4
02515 Utility and Site Piping and Fittings 02515-1 —02515-24
02740 Paving 02740-1 —02740-10
02820 Fences and Gates 02820-1 —02820-4
02955 Cleaning and Flushing of Underground Piping 02955-1 —02955-2
DIVISION 3 CONCRETE
03100 Concrete Forms 03100-1 —03100-4
03150 Concrete Accessories 03150-1 —03150-3
03200 Concrete Reinforcement 03200-1 —03200-3
03300 Concrete 03300-1 —03300-13
DIVISION 4 NOT USED
DIVISION 5 METALS
05510 Stairs and Stair Nosing 05510-1 —05510-2
05520 Handrails and Safety Chairs 05520-1 —05520-3
05530 Grating 05530-1 —05530-3
DIVISIONS 6-9 NOT USED
DIVISIONS 11-16 NOT USED
APPENDICES
Appendix A: PERMITS
FDEP Construction Permits - Obtained
City of Winter Springs Building Permit - Pending
Appendix B: Geotechnical Engineering Report
May 2020 Index
5
East and West WRF Priority Repairs 00005-1
SECTION 00005
CERTIFICATION
East & West Water Reclamation Facilities Priority Repairs
This Project Manual is certified as follows:
CIVIL ENGINEER
Divisions 1, 2, 3, 5
CPH, Inc.
1117 East Robinson Street
Orlando, FL 32801
Ph. 407.425.0452
Certificate of Authorization No. 3215
David E. Mahler, P.E., 50041
Date
The appendices to this Project Manual may contain information prepared by other
professionals, bearing the name, address, and logo of the professional. CPH, 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.
May 2020 Certification
6
THIS PAGE INTENTIONALLY LEFT BLANK
7
East and West WRF Priority Repairs 00020-1
SECTION 00020
ADVERTISEMENT FOR BIDS
INVITATION TO BID
Bid Proposals are hereby solicited by the City of Winter Springs, Florida for:
EAST AND WEST WATER RECLAMATION FACILITIES
PRIORITY REPAIRS
Bid No. ITB 02-20 LR
Sealed Bids must be received by June 11, 2020 at 2:00 P.M. at the City of Winter
Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL 32708.
Bid opening will be on June 11,2020 at 2:30 P.M. at City of Winter Springs, City Hall,
1126 East S.R. 434,Winter Springs, FL 32708.
The Bidding Documents may be downloaded in pdf format from DemandStar and the
City's website at the following link:
http://www.wintersprin sg fl.org/EN/web/ og vibids purchasing.htm
This construction project consists of the following as shown on plans:
1. Installation of static screens. The static screens will be purchased directly by the City.
2. Furnish and install new aeration equipment.
3. Furnish and install piping and pipe repairs.
4. Furnish materials and install structural repairs.
5. Miscellaneous plant repairs and painting.
The estimated total construction cost is $1,647,486. A MANDATORY pre-bid webinar to
review the bid documents will be held on May 18, 2020 at 2:00 P.M. (call-in details to be
provided via Addendum). In an effort to maintain social distancing, we will not be able to
tour all Respondents at the same time. During the pre-bid webinar, we will schedule time
slots based on the number of Respondents for a MANDATORY field trip to be conducted
by appointment only to the East and West Water Reclamation Facilities on May 19 and/or
May 20, 2020. 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 bid should be directed to Holly Queen, City Controller by e-
mail to hqueengwintersprin sg fl.ore. Questions received less than seven(7) Calendar days
prior to Bid Opening will not be answered. The City of Winter Springs reserves the right
May 2020 Advertisement for Bids
8
East and West WRF Priority Repairs 00020-2
to reject any or all bids, with or without cause, to waive technicalities and minor
irregularities, or to accept the bids, which, in its judgment best serves the interest of the
City.
Table 1- Procurement Schedule
No. ACTIVITY DATE
1 Issue ITB May 12,2020
2 Mandatory Pre-Bid Webinar May 18,2020
3 Mandatory Site Visits May 19-20,2020
4 Last Date for City to Receive Questions on ITB June 4,2020
5 Proposal Submission Due Date&Bid Opening June 11,2020
END OF SECTION
May 2020 Advertisement for Bids
9
East and West WRF Priority Repairs 00100-1
SECTION 00100
INSTRUCTIONS TO BIDDERS
PART 1 GENERAL
1.01 Project Identification
A. Bids are requested for providing construction services for East and West Water
Reclamation Facilities for the City of Winter Springs, hereinafter called the
OWNER, to be performed in compliance with the Contract Documents.
1.02 Bidding Documents
A. Definition
Bidding Documents consist of the Project Manual and Drawings.
B. Copies of Documents, including any Addenda issued prior to receipt of bids
Bidding Documents may be obtained in compliance with the Advertisement for
Bids. The bidding documents are only available in pdf format and can be
downloaded from DemandStar and from the City website. No partial sets of the
Bidding Documents will be issued. Complete sets of Bidding Documents shall be
used in preparing bids; the OWNER will not assume any responsibility for errors
or misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
C. Questions
Any Bidder who is in doubt as to the true meaning of any part of the Bidding
Documents, or finds a discrepancy or omission therein, may submit to the City
Controller an e-mail request to hqueenkwinterspringsfl.org for an interpretation
or correction. Any interpretation, correction or change of the Bidding Documents
will be made by Addendum. Interpretations, corrections or changes made in any
other manner will not be binding, and Bidders shall not rely upon such
interpretations, corrections and changes. All questions must be submitted, in
writing, on or before June 4, 2020.
D. Addenda
Addenda will be issued via DemandStar and the City website. All Addenda issued
during the time of bidding shall form a part of the Contract Documents, shall be
covered in the Bid, and shall become a part of the Contract. Receipt of each
May 2020 Instructions to Bidders
10
East and West WRF Priority Repairs 00100-2
Addendum shall be acknowledged in the Bid Form; failure to do so may subject
the Bidder to disqualification. It shall be the Bidder's responsibility to ensure that
they have received all Addenda prior to submitting a bid. 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 Bid, Bidders shall carefully examine the Bidding Documents
and inspect the project site to fully inform themselves of all existing conditions and
limitations. Each Bidder,by submitting his Bid,represents that he has so examined
the Bidding Documents and inspected the site, that he understands the provisions
of the Bidding Documents and that he has familiarized himself with the local
conditions under which the work is to be performed.
1.04 Bidding Procedure
A. Form of Bid
1. Each Bid shall be submitted on the Bid Form included as one of the
Bidding Documents. The Bidder is not permitted to make changes in
the Bid Form provided. The Bidder shall fill in spaces on the Bid Form
by typewriter or manually in ink. When a Bidder submits a Bid with
spaces containing erasures or other changes, the person signing the Bid
must initial changes, each erasure or change.
2. The Bidder must fill in all relevant blank spaces. 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 Bids; the Bidder 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.
3. No conditional Bids will be accepted. Alternate Bids will not be
considered unless called for. Oral proposals or modifications will not
be considered.
4. The Bid shall include the legal name of the Bidder and a statement
whether the Bidder is a sole proprietor, a partnership, a corporation, or
any other legal entity, and the Bid shall be signed by the person or
persons legally authorized to bind the Bidder to a Contract. A Bid by a
corporation shall further give the State of incorporation and have the
corporate seal affixed. A Bid submitted by an agent shall have a current
Power of Attorney attached certifying agent's authority to bind Bidder.
B. Bid Security
May 2020 Instructions to Bidders
11
East and West WRF Priority Repairs 00100-3
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 Bidder, if awarded the Contract, will promptly
execute the Agreement in accordance with the Bidding Documents. Bid
Bond shall be on the form provided as Section 00410.
2. If for any reason the Bidder 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
Bidder shall be in default and the Bid Security shall be forfeited.
3. The Bid Security of all except the three(3) apparent lowest Bidders will
be returned within 10 days after the canvass of Bids.
C. Submission of Bids
1. The Bid, the Bid Security, and any other documents required to be
submitted with the Bid shall be enclosed in a sealed opaque envelope.
This envelope shall be addressed to:
City of Winter Springs
Attn: Holly Queen
1126 East State Road 434
Winter Springs, FL 32708
The Front of Envelope must be marked ITB#02-20 LR and shall be identified with
the Bidder's name and address.
2. Submit three (3) copies of the completed Bidding Documents and one
(1) CD/DVD or flash drive containing a digital version of the Response.
3. Bids shall be delivered to the designated location prior to the time and
date for receipt of Bids indicated in the Advertisement for Bids or any
extension thereof made by Addendum. Bids received after the time and
date for receipt of Bids will be returned unopened to the person or firm
submitting the Bid.
4. The Bidder shall assume full responsibility for timely delivery of his Bid
to the designated location.
5. PARTIES DESIRING TO RESPOND TO THIS ITB ARE HEREBY
NOTIFIED THAT ALL COMMUNICATIONS REGARDING THIS
ITB, 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 CONTROLLER, EXCEPT
May 2020 Instructions to Bidders
12
East and West WRF Priority Repairs 00100-4
LEGAL MATTERS MAY BE DIRECTED TO THE CITY
ATTORNEY DIRECTLY OR THROUGH THE CONTROLLER.
EXCEPT AS EXPRESSLY REQUIRED BY THIS ITB FOR FORMAL
PRESENTATIONS (IF ANY), ANY INDIRECT OR DIRECT
COMMUNICATIONS AND LOBBYING REGARDING THIS ITB
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. Bids may not be modified after submittal.
2. Bidders may withdraw Bids at any time prior to the Bid Opening time
and date. 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 Bid Opening. Properly withdrawn Bids will be returned
unopened to the person or firm submitting the Bid.
3. A Bidder who timely withdraws his Bid may submit a new Bid in the
same manner as specified herein under "Submission of Bid". A Bid
submitted in place of a withdrawn Bid 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
Bids, a Bidder may file a written request with the OWNER for the
withdrawal of his Bid.
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 119.01, 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 ITB 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 tinder 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,
May 2020 Instructions to Bidders
13
East and West WRF Priority Repairs 00100-5
documents, papers, and records of the Respondent which are directly pertinent to
any contract awarded under this ITB 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
ITB and all other pending matters are closed by the City.
All materials submitted in response to this ITB 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.
1.05 Consideration of Bids and Basis of Award
A. Basis of Award
1. Except in cases where the OWNER exercises the right to reject all Bids,
the Contract will be awarded by the OWNER, as soon as practicable
after Opening of Bids, to the lowest responsive,responsible bidder.
2. The lowest Bid will be determined by comparison of the total amount of
the bids as stated in writing on the Bid Form.
B. Evaluation of Responsiveness
1. The responsiveness of Bidders will be judged on the basis of the
completeness of the Bid submitted. To be responsive, a Bid must be
submitted on the forms provided as part of the Bid Documents and shall
include all items required by the Mandatory Bid Forms.
2. If, upon opening the Bid, any of the items required to be responsive are
found to be missing or incomplete, the Bidder will be judged
non-responsive, except that the City reserves the right to waive minor
irregularities or technical errors.
3. The Bidder must sign bid proposals with his signature in full. When a
firm is a Bidder, one or more of the partners shall sign the bid proposals
in the name of the firm. When a corporation is a Bidder, the officer
signing shall set out the corporate name in full beneath which he shall
sign his name, give title of his office, and affix the corporate seal.
C. Evaluation of Responsibility
1 . To be judged responsible, the Bidder shall meet the following standards:
(a) Upon request, must demonstrate that he has adequate financial resources for
performance, the necessary experience (including experience in constructing
a similar project), organization, technical qualifications, and facilities, or a
firm commitment, arrangement, or ability to obtain such (including proposed
May 2020 Instructions to Bidders
14
East and West WRF Priority Repairs 00100-6
subcontracts).
(b) Have a satisfactory record of integrity, judgment, and performance as a
corporation (including its shareholders and officers), or as a sole
proprietorship, including in particular, any prior performance upon contracts
from the State and the OWNER. Any parties currently under litigation with
the OWNER may be judged non-responsible.
(c) Have an adequate financial management system and audit procedure, which
provides efficient and effective accountability and control of all property,
funds, and assets.
(d) Upon request, submit evidence of experience on projects similar in character,
size and value, which he and major subcontractors has satisfactorily
completed and which are now in satisfactory operation, and showing the
location, the OWNER'S name and address, the money value of the work and
a brief description of the project.
(e) Conform to the civil rights, equal employment opportunity and labor law
requirements of the Bid Documents.
(f) Upon request,demonstrate his ability to perform the work within the Contract
Time. This demonstration of ability may include but shall not be limited to
the following items:
(1) Performance of the Bidder (the Corporation or proprietorship as a whole)
as a prime CONTRACTOR on projects of similar size and type as this
Contract within the past five years; provide names, addresses, phone
numbers and contact persons for references;
(2) A list of equipment and quantities currently owned or under lease to the
Bidder and available for this work;
(3) Evidence of proper licensing of the Bidder to perform the Contract work
required. Proper licensing shall be as determined by the Florida
Construction Industry Licensing Board;
(4) A statement of the Bidder's organization, including resumes of key
personnel, especially those personnel proposed for work for this Project;
(5) A summary of the Bidder's experience, including current and past projects.
(6) A current (within the last 12 months) audited financial statement prepared
in accordance with generally accepted accounting procedures. The
financial statement shall include, as a minimum, an income statement, a
May 2020 Instructions to Bidders
15
East and West WRF Priority Repairs 00100-7
statement of changes and related footnotes,a balance sheet,and certification
that the financial status has not materially changed since the audit.
2. Except as specified under the heading "Evaluation of Responsiveness",
if any information required by the Bidding Documents to be submitted
with the Bid or subsequent to Bidding but prior to Award is not
submitted as required, the Bid will be considered irregular. Failure to
promptly correct the irregularity upon notification by the OWNER may
cause the Bidder to be judged non-responsible and subject to
disqualification.
1.06 Notice of Award, Performance Bond and Labor and Materials Payment Bond
Within ten (10) calendar days from the date stipulated in the Notice of Award notifying
CONTRACTOR that its Bid has been accepted,the successful Bidder shall execute the Agreement.
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 from a surety company acceptable to the OWNER. The forms of the Bonds
the successful Bidder will be required to execute are included in the Bidding 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.
1.07 Bidder's Interest in More Than One Bid
No person, firm, or corporation shall be allowed to make, file, or have an interest in more than one
Bid for the same work, unless Alternates are called for. A person, firm, or corporation who has
submitted a sub-bid to a Bidder or who has quoted prices on materials to a Bidder is not hereby
disqualified from submitting a sub-bid or quoting prices to other Bidders.
1.08 Employment and Wage Requirements
The Bidder's attention is directed to the conditions of employment to be observed and minimum
wage rates to be paid under the Florida State Statutes.
1.09 Subcontracts
Bidder's attention is invited to Florida State Statutes, Chapter 455.228, which describes the
enforcement proceedings regarding the use of unlicensed professionals.
1.10 Certificates and Licenses
Bidders 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.
May 2020 Instructions to Bidders
16
East and West WRF Priority Repairs 00100-8
1.11 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.
1.12 Cone 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 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.
1.13 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;
May 2020 Instructions to Bidders
17
East and West WRF Priority Repairs 00100-9
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.
1.14 Brand Names
BRAND NAMES: If items called for by this ITB 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 offering"equal"products will be considered for award if such
products are clearly identified in the bid 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 that he is offering an "equal" product, the
bid 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 and the determination 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. To
ensure that sufficient information is available,the proposer shall furnish as a part of the bid
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.
1.15 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
May 2020 Instructions to Bidders
18
East and West WRF Priority Repairs 00300-1
SECTION 00300
MANDATORY BID FORMS
(Mandatory Forms must be submitted with the bid. Failure to submit forms may
disqualify the proposer from the ITB.)
PART l GENERAL
1.01 Description
The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER.
Bid 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 EAST AND WEST WATER RECLAMATION
FACILITIES PRIORITY REPAIRS, May 2020.
2. Drawings for EAST AND WEST WATER RECLAMATION
FACILITIES PRIORITY REPAIRS, May 2020.
3. Addenda:
Number , dated
Number , dated
B. Has examined the site and all Bidding Documents and understands that in
submitting his Bid,he waives all right to plead any misunderstanding regarding the
May 2020 Mandatory Bid Forms
19
East and West WRF Priority Repairs 00300-2
same.
C. Agrees:
1. To hold this Bid open for 90 calendar days after the bid opening date.
2. To furnish the goods and/or services specified in this ITB at the prices
quoted in my responsive bid and in compliance with the Bidding
Documents.
3. To accept the provisions of the Instructions to Bidders regarding
disposition of Bid Security.
4. To enter into and execute a contract with the OWNER, if awarded on
the basis of this Bid.
5. To accomplish the work in accordance with the contract documents.
6. To complete the work within 300 calendar days of date of the Notice to
Proceed (Final Completion).
D. Certifies:
1. That all information contained in this bid is truthful to the best of my knowledge and
belief.
2. That I am duly authorized to submit this bid on behalf of the vendor/contractor and
that the vendor/contractor is ready, willing, and able to perform if awarded the bid.
1.03 Stipulated Amount
A. Base Bid Price
I will provide the services under this project for a Total Base Bid Amount of:
Dollars ($ ).
The Bidder 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 Bidder 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 Bidder: Unit
Price, Total Price, Total Base Bid(See attached Bid Form).
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.
May 2020 Mandatory Bid Forms
20
East and West WRF Priority Repairs 00300-3
C. I have attached all other Mandatory Forms in this Section.
1.05)Submittal
RESPECTFULLY SUBMITTED, signed and sealed this day of , 2020.
Bidder
By:
Title
ATTEST: SECRETARY SEAL
May 2020 Mandatory Bid Forms
21
East and West WRF Prioritv Repairs 00300-4
BID TABULATION
The Bidder 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 TOTAL
No. DESCRIPTION QUANTITY UNITS UNIT COST COST
1 Mobilization&Bonds 1 LS
2 Demobilization,Record Drawings and Project Closeout 1 LS
3 Preconstruction Video 1 LS
4 Erosion and Sediment Control 1 LS
5 Demolition 1 LS
6 Concrete Durn ster Pad 9r _40W
6.1 6'x 8'Concrete Dum ster Pad with sump pump2 EA
6.2 4'x 5'Concrete Dumpster Pad with sump pump 2 EA
7 Ductile Iron Fittings
7.1 Epoxy Lined(for wastewater service) 4 Ton
8 Ductile Iron Pipe
8.1 10-inch Epoxy Lined Ductile Iron Pipe(for wastewater service) 1 LS
8.2 12-inch Epoxy Lined Ductile Iron Pipe(for wastewater service) 1 LS
8.3 16-inch E ox Lined Ductile Iron Pie for wastewater service) 1 LS
8.4 18-inch E ox Lined Ductile Iron Pipe(for wastewater service) 1 LS
9 Furnish and Install Temporary surge pump Control panel,Rails and 1 LS
electric feed
10 Temporary PVC Piping and support system
10.1 16-inch Polyvinyl Chloride Pipe(PVC)(Temporary By-Pass from Screen 35 LF
to Plant 1 and drop pipe sections)
10.2 8-inch PVC Temporary Overflow Main to Surge Tank 100 LF
10.3 6-inch PVC Force Main(Surge Tank to Plant 1) 130 LF
11 Welded Steel Pipe
11.1 14-incb welded Steel Air pipe 10 LF
11.2 16-inch Epoxy Coated Welded Steel Pipe(for wastewater service) 5 LF
12 Installation of Static Screen
12.1 72-Inch Screen 2 EA
12.2 120-Inch Screen 2 EA
13 Plug Valves
13.1 18-inch Plu Valve 1 EA
May 2020 Mandatory Bid Forms
22
East and West WRF Prioritv Repairs 00300-5
13.2 10-inch Plug Valve 6 EA
14 Platform and Walkway Grating
975 SF
15 Metal Stairway 1 EA
16 Static Screen Structural Support Platform
16.1 East Plant 1 EA
16.2 West Plant 2 EA
17 Handrail 270 LF
18 Divider Wall Structural Steel Repair System 26500 LB
19 Exterior Wall Structural Repair 650 LB
20 Miscellaneous Structural Steel Repair ME
20.1 Air pipe/header support 4 EA
20.2 influent Flow Trough Support Strap 15 EA
20.3 Influent Flow Trough 20 LF
20.4 Walkway Deck Plate 5 EA
20.5 1 '/z-inch x 1 '/z-inch Handrail Post 1 EA
20.6 1 '/z-inch x 1 %-inch Handrail Cross Brace 1 EA
20.7 6-inch C-Channel replacement 45 LF
20.8 4'x 4'angle brace 5 LF
20.9 2"x2"Walkway support angle 2 EA
21 Clarifier Repairs
21.1 East—Plant 1 1 LS
21.2 East—Plant 2 1 LS
21.3 West—Plant 1 1 LS
21.4 West—Plant 2 1 LS
22 Airlift Repair 1 LS
23 Existing Structural Steel Coating/Painting -Interior 2500 SF
24 Existing Structural Steel Coating/Painting -Exterior 2700 SF
25 Main Air Pi e Repair 1 LS
26 2-inch Aeration Diffuser Assembly—Existing Air Header to Drop Pie 138 EA
27 2-inch Aeration Diffuser Assembly—Drop Pipe and Diffusers 138 EA
28 4-inch Aeration Diffuser Assembly—Existing Air Header to Drop Pipe 23 EA
29 4-inch Aeration Diffuser Assembly—Drop Pipe and Diffusers 23 EA
30 2-inch Chemical Feed Conduit/Sleeve 910 LF
31 Chemical Feed Conduit/Sleeve Junction Boxes 6 EA
32 1-inch Chemical Injection Line 8 EA
33 Catwalk and Beam Repair(two locations) 1 LS
34 Overflow Drain Pipe Assembly 1 LS
35 Stainless Steel Trash Collection Trough and Chute
35.1 Trash collection chute for 6-foot wide screens 2 EA
35.2 Trash collection chute for 10-foot wide screens 2 EA
36 Spare Parts 1 LS
May 2020 Mandatory Bid Forms
23
East and West WRF Priority Repairs 00300-6
TOTAL BID:
DOLLARS
(In Words)
May 2020 Mandatory Bid Forms
24
East and West WRF Priority Repairs 00300-7
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
May 2020 Mandatory Bid Forms
25
East and West WRF Priority Repairs 00300-8
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
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 2020, by
the of
a
(_) who is personally known to me or (_) who produced
as identification.
Notary Public
Print Name:
My Commission expires:
May 2020 Mandatory Bid Forms
26
East and West WRF Priority Repairs 00300-9
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;
He / She is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
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)
STATE OF
May 2020 Mandatory Bid Forms
27
East and West WRF Priority Repairs 00300-10
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical
presence or O online notarization, this day of 2020, by
the of
a
(_) who is personally known to me or (_) who produced
as identification.
Notary Public
Print Name:
My Commission expires:
May 2020 Mandatory Bid Forms
28
East and West WRF Priority Repairs 00300-11
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)
May 2020 Mandatory Bid Forms
29
East and West WRF Priority Repairs 00300-12
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 ITB for the City of Winter Springs described as:
City of Winter Springs
ITB # 02-20 LR
EAST & WEST WRF PRIORITY REPAIRS
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 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. 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.
f. 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.
May 2020 Mandatory Bid Forms
30
East and West WRF Priority Repairs 00300-13
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
May 2020 Mandatory Bid Forms
31
East and West WRF Priority Repairs 00300-14
FLORIDA TRENCH SAFETY ACT CERTIFICATION
Bidder 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 bidder 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
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 bidder, 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 Bid packet. Failure to complete the above may
result in the bid being declared non-responsive.
May 2020 Mandatory Bid Forms
32
East and West WRF Priority Repairs 00300-15
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 determination
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
May 2020 Mandatory Bid Forms
33
East and West WRF Priority Repairs 00300-16
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.
£ 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
May 2020 Mandatory Bid Forms
34
East and West WRF Priority Repairs 00300-17
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 Certificationa
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.
May 2020 Mandatory Bid Forms
35
East and West WRF Priority Repairs 00300-18
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
May 2020 Mandatory Bid Forms
36
East and West WRF Priority Repairs 00410-1
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:
East and West WRF Priority Repairs
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.
May 2020 Bid Bond Form
37
East and West WRF Priority Repairs 00410-2
(Principal) (Seal)
(Witness) it e
(Address)
(Surety) (Seal)
(Witness) (Title)
(Address
END OF SECTION
May 2020 Bid Bond Form
38
East and West WRF Priority Repairs 00500-1
SECTION 00500
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. Bidder shall be
required to begin negotiation of the Final Agreement and provide all required Exhibits, if
any, within five (5) days of award. 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 ITB 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 , 20 by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation (herein referred to as OWNER)
and , a 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 East and West Water Reclamation Facilities
Priority Repairs.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement;
Exhibits and Addendum to the Agreement; the Engineering Specifications and Drawings
prepared by CPH, Inc., dated May 2020; Bid Documents issued by the City, dated May 2020;
Contractor's Bid Submittal, dated ; 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.
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
May 2020 Agreement Form
39
East and West WRF Priority Repairs 00500-2
b. Agreement,Exhibits and Addenda
c. Supplemental Terms and Conditions
d. General Terms and Conditions
e. Engineering Plans and Drawings
£ 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.
6. CONTRACT TIME -
a. All provisions regarding Contract Time are essential to the performance of this Contract.
b. The Work shall be substantially completed as described in the General Conditions, within
270 calendar days after the date when the Contract Time begins to run as provided in the General
Conditions. The Work shall be finally completed,ready for Final Payment in accordance with
the General Conditions,within 30 calendar days after the actual date of Substantial Completion.
May 2020 Agreement Form
40
East and West WRF Priority Repairs 00500-3
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. If applicable to the particular Work required by this Agreement, Float time is allocated
specifically to the Contractor's responsibility for coordination of utility relocations as described
in the General Conditions and is included in the Contract Time provided by this Section.
OWNER will not consider any Contract Time extensions related to utility coordination matters
including,but not limited to,utility relocations and conflicts,unless the utility relocation delays
exceed the float time and also extend the Project Schedule's Critical Path.
e. 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 day that expires after the time specified in Paragraph 6 for substantial completion until
the work is substantially complete and$500 for each day that expires after the time specified
in Paragraph 6 for final completion until the work is finally complete, and that OWNER has
paid to CONTRACTOR the consideration of Ten (S 10.00) Dollars as consideration for this
provision. The liquidated damages provided in this Section are intended to apply even if
CONTRACTOR is terminated,in default,or if the CONTRACTOR has abandoned the Work.
8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the
CONTRACTOR in current funds for the performance of the work in accordance with the
Contract Documents, subject to additions and deductions approved by Change Order,the Total
Contract Price of
($ 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.
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
May 2020 Agreement Form
41
East and West WRF Priority Repairs 00500-4
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
promptly takes and diligently 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
May 2020 Agreement Form
42
East and West WRF Priority Repairs 00500-5
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.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the
OWNER shall have the right to exercise any other remedy the OWNER may have by operation
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.
10. FORCE MAJEURE -Any delay or failure of either parry 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
fore e); 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; order
by any regulatory agency;or cause or causes beyond the reasonable control of the party affected;
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. If any
circumstance of Force Majeure remains in effect for sixty days,either party may terminate this
Agreement.
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 parties,at
the sole discretion and option of the OWNER, shall negotiate an equitable adjustment in the
affected provision of this Agreement. 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 REQUESTS — 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
OWNER's Project Manager, by CONTRACTOR as the work progresses, and in accordance
with the Contract Documents.
Progress payments may be withheld if-
a.
fa. Work is found defective and not remedied;
May 2020 Agreement Form
43
East and West WRF Priority Repairs 00500-6
b. CONTRACTOR does not make prompt and proper payments to subcontractors;
c. CONTRACTOR does not make prompts and proper payments for labor, materials, or
equipment furnished him;
d. Another contractor is damaged by an act for which CONTRACTOR is responsible;
e. Claims or liens are filed on the job; or
f. In the opinion of the OWNER that CONTRACTOR's work is not progressing
satisfactorily.
OWNER herein ( ) 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(l), 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 fraudulent 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 Director of Public Work/Utilities as the agent or office to
which the CONTRACTOR must submit payment requests or invoices.
13. FINAL PAYMENT- OWNER shall withhold up to 10%of the Contract Price throughout the
project in accordance with the Local Government Prompt Payment Act ("Act"). After 50%
completion of the project, OWNER shall reduce to 5% the amount of the retainage withheld
from each subsequent progress payment made to the CONTRACTOR unless the project is
subject to Federal funding,in whole or in part,and the project is subject to laws and regulations
contrary to the Act. The term"50% completion of the project" shall mean the point at which
the OWNER has expended 50% of the total cost of the construction services purchased under
this Agreement together with all costs associated with existing change orders and other additions
or modifications to the constructions services provided for in this Agreement. After 50%
completion,the Contractor may present to the OWNER a payment request for up to one-half of
the retainage held by the OWNER. Owner shall promptly make payment to the
CONTRACTOR unless the OWNER has grounds,under the Act,for withholding the payment
May 2020 Agreement Form
44
East and West WRF Priority Repairs 00500-7
of the retainage. The remaining retainage amount withheld shall be released with the Final
Payment after the issuance of the Final Completion Certificate. 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 performed,but subject to the condition that
final payment shall not be due until CONTRACTOR has delivered to OWNER a complete
release of liens arising out the contract, or receipt releases of lien fully covering all labor,
materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory
to OWNER indemnifying him against such claims.
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:
c. Outstanding claims of liens; or
d. Failure of Contractor to comply with any special guarantees required by the
Contract Documents.
Progress payments may be withheld if Work is found defective and not remedied;
CONTRACTOR does not make prompt and proper payments to subcontractors;
CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished him; a subcontractor is damaged by an act for which CONTRACTOR
is responsible; claims of liens are filed on the job; or in the opinion of the OWNER,
CONTRACTOR'S work is not progressing satisfactorily. Further, OWNER may withhold
additional retainage 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 retainage,under this subsection,
may at the OWNER'S discretion be withheld from subsequent Progress Payments. Any
additional retainage held under this subsection shall be released to CONTRACTOR in the
next Progress Payment following the OWNER's approval of a supplemental Progress
Schedule demonstrating that the requisite progress will be regained and maintained as
required by the General Conditions.
14. DESIGNATION OF 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,the City's
Director of Public Work/Utilities 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.
May 2020 Agreement Form
45
East and West WRF Priority Repairs 00500-8
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.
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.
e. Reiection 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.
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.
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.
May 2020 Agreement Form
46
East and West WRF Priority Repairs 00500-9
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).
17. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any
rights or any monies due or to become due hereunder without the prior, written consent of the
OWNER.
a. If upon receiving written approval from OWNER, any part of this Agreement is
subcontracted by CONTRACTOR,CONTRACTOR shall be fully responsible to OWNER
for all acts and/or omissions performed by the subcontractor as if no subcontract had been
made.
b. If OWNER determines that any subcontractor is not performing in accordance with this
Agreement, OWNER shall so notify CONTRACTOR who shall take immediate steps to
remedy the situation.
May 2020 Agreement Form
47
East and West WRF Priority Repairs 00500-10
c. 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.
d. If upon receiving written approval from OWNER, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR and subcontractors shall make
prompt payments to subcontractors in accordance with s. 218.735,Florida Statutes.
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 joint venture or principal-
agent relationship between the parties and neither party 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, 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,
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,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, OWNER specifically agrees
to pay the CONTRACTOR the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS
(S250.00) or ONE PERCENT (1%) OF THE CONTRACT SUM WHICHEVER IS
May 2020 Agreement Form
48
East and West WRF Priority Repairs 00500-11
GREATER. The CONTRACTOR acknowledges receipt of the 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.
23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby
represents and warrants to the OWNER the following:
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 form
approved by the OWNER and in accordance with Florida law and in an amount specified in the
Contract Documents for an Agreement in which the Total Contract Price exceeds $200,000.00
and for all other Projects where the City Commission or City Manager has not specifically
exempted the CONTRACTOR from executing such bond.
For any Agreement in which the Total Contract Price is $200,000.00 or less and the City
Commission or City Manager has specifically exempted the CONTRACTOR from executing
a performance and payment bond, prior to receiving the final ten percent (10%) payment
hereunder, CONTRACTOR shall be required to provide certification from all laborers,
materialmen, and subcontractors that such laborers, materialmen, and subcontractors have no
claims against CONTRACTOR resulting from completion of the Work in accordance with
Paragraph 12 above. The CONTRACTOR shall provide a certified list of all subcontractors,
laborers,and material suppliers to the OWNER within twenty(20)days of receiving the Notice
May 2020 Agreement Form
49
East and West WRF Priority Repairs 00500-12
to Proceed with the work. This list shall be updated thereafter as necessary with a certified
statement that the list and its updates include the names and addresses of all of those
subcontractors,laborers, and material suppliers furnishing labor and/or material for the work.
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 ftom 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.
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
the date a certificate of occupancy is issued issuance of a certificate of occupancy for the
Work.
e. 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 shall be an additional
May 2020 Agreement Form
50
East and West WRF Priority Repairs 00500-13
named insured on all stipulated insurance policies as its interest may appear, from
time to time,excluding worker's compensation and professional liability policies.
26. MEDIATION/VENUE - 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.
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.
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.
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 OWNETs 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
May 2020 Agreement Form
51
East and West WRF Priority Repairs 00500-14
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
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.
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 barred 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
each party hereto. This Agreement may be executed in any number of counterparts, each of
May 2020 Agreement Form
52
East and West WRF Priority Repairs 00500-15
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:Public Works/Utilities Director
1126 E. State Road 434
Winter Springs,Florida 32708
(407) 327-5989
Either party may change the notice address by providing the other party 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.
May 2020 Agreement Form
53
East and West WRF Priority Repairs 00500-16
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.
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, Interim City Clerk
May 2020 Agreement Form
54
East and West WRF Priority Repairs 00500-17
CONTRACTOR
By:
Print name/title:
Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of O physical presence or
O 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.
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
END OF SECTION
May 2020 Agreement Form
55
East and West WRF Priority Repairs 00610-1
SECTION 00610
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 East and West Water Reclamation Facilities Priority Repairs 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, including costs
May 2020 Performance Bond Form
56
East and West WRF Priority Repairs 00610-2
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
May 2020 Performance Bond Form
57
East and West WRF Priority Repairs 00610-3
by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the
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.
May 2020 Performance Bond Form
58
East and West WRF Priority Repairs 00610-4
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.
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
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425-9566
May 2020 Performance Bond Form
59
East and West WRF Priority Repairs 00610-5
8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually
superceded,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.
It. 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.
May 2020 Performance Bond Form
60
East and West WRF Priority Repairs 00610-6
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
May 2020 Performance Bond Form
61
East and West WRF Priority Repairs 00620-1
SECTION 00620
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 East and West Water Reclamation Facilities
Priority Repairs 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.
May 2020 Labor and Materials Payment Bond
62
East and West WRIT Priority Repairs 00620-2
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
is not in privity with the Principal shall, before commencing or not later than 45 days
after commencing to furnish labor, services, or materials for the prosecution of the work,
furnish the Principal with written notice that he or she intends to look to the bond for
protection. A claimant who is not in privity with the Principal and who has not received
payment for his or her labor, services, or materials shall deliver to the Principal and to the
surety written notice of the performance of the labor or delivery of materials or supplies
and of the nonpayment. The notice of nonpayment may be served at any time during the
progress of the work or thereafter but not before 45 days after the first furnishing of
labor, services, or materials, and not later than 90 days after the final furnishing of the
labor, services, or materials by the claimant or, with respect to the rental equipment, not
later than 90 days after the date that the rental equipment was last on the job site available
for use. Any notice of nonpayment served by a claimant who is not in privity with
Principal which includes sums for retainage must specify the portion of the amount
claimed for retainage.
3. SURETY'S WAIVER OF NOTICE. The Surety waives notice of any modifications to
the Contract, including changes in the Contract Time, the Contract Sum, or the labor,
work, or materials required to be performed under the Contract.
4. 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, as well as for the benefit of any claimants who have actually
provided labor, material, rental equipment, or services under the Contract.
5. RECITALS. The recitals contained in this labor and materials payment bond are
incorporated by reference herein and are expressly made a part of this bond.
6. GOVERNING LAW. This labor and materials payment 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.
7. VENUE. In the event any legal action shall be filed upon this labor and materials
payment bond, venue shall lie exclusively in the Circuit Court for Seminole County,
Florida.
8. MISCELLANEOUS.
May 2020 Labor and Materials Payment Bond
63
East and West WRF Priority Repairs 00620-3
A. The Surety agrees that this labor and materials payment bond shall afford the
OWNER and all claimants under the Contract with all of the protections and rights
afforded under Florida Statutes and under common law.
B. This labor and materials payment bond is issued in addition to any other bond or
warranty required under the Contract including,but not limited to, any performance
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 labor and
materials payment 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 labor and materials
payment bond.
D. This labor and materials payment bond shall remain in full force and effect until such
time that the legal deadline for filing a claim hereunder has duly expired.
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
May 2020 Labor and Materials Payment Bond
64
THIS PAGE INTENTIONALLY LEFT BLANK
65
East and West WRF Priority Repairs 00660-1
SECTION 00660
NOTICE OF AWARD FORM
TO:
PROJECT NAME: East and West Water Reclamation Facilities Priority
Repairs
The OWNER has considered the BID submitted by , for the above
described WORK in response to the Advertisement for Bids dated , 2020 and
Instructions to Bidders.
You are hereby notified that your BID has been accepted and the total amount of the
contract award is $
You are required by the Instructions to Bidders to execute the Agreement and certificates
of insurance and payment and performance bond within ten (10) calendar days from the
date of this Notice to you. If you fail to execute said Agreement and to furnish said
certificate of insurance within ten (10) calendar days from the date of this Notice, said
OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance
of your BID as abandoned and your BID BOND shall be forfeited. The OWNER will be
entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the
OWNER.
Dated this day of , 2020.
OWNER:
By:
Lena Rivera, PE
Title: Director of Public Works/Utilities
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by
this the day of 2020.
By:
Title:
END OF SECTION
May 2020 Notice of Award Form
East West WRF Priority Repairs Division 0 Specs FINAL
66
THIS PAGE INTENTIONALLY LEFT BLANK
67
East and West WRF Priority Repairs 00661-1
SECTION 00661
NOTICE TO PROCEED
TO:
EFFECTIVE DATE OF THE NOTICE TO PROCEED:
PROJECT: East and West Water Reclamation Facilities Priority Repairs
You are hereby notified to commence WORK in accordance with the Agreement dated
, 2020. In accordance with the Agreement, WORK shall commence within
10 days of the date of this Notice to Proceed and shall be complete within 300 consecutive
calendar days from the effective date of this Notice to Proceed. The final completion of
all WORK is therefore
OWNER:
By:
Lena Rivera, PE
Title: Director of Public Works/Utilities
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED IS HEREBY ACKNOWLEDGED by this
the day of , 2020.
By:
Title:
END OF SECTION
May 2020 Notice to Proceed
68
THIS PAGE INTENTIONALLY LEFT BLANK
69
East and West WRF Priority Repairs 00662-1
SECTION 00662
CONTRACTOR'S RELEASE OF LIEN
Before me, the undersigned authority in said County and State, appeared
who, being first duly sworn, deposes and says that he is
of,a company and/or corporation authorized to do business
under the laws of Florida, which is the Service Provider on a Project
located in the City of County of
Florida, with the City of
dated the day of , 20 , that the
said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of
said company and/or corporation; that deponent knows of his own knowledge that said contract
has been complied with in every particular by said Service Provider and that all parts of the work
have been approved by the OWNER; that there are no bills remaining unpaid for labor, material,
or otherwise, in connection with said contract and work, and that there are no suits pending against
the undersigned as Service Provider or anyone in connection with the work done and materials
furnished or otherwise under said contract. Deponent further says that the final estimate which has
been submitted to the OWNER simultaneously with the making of this affidavit constitutes all
claims and demands against the OWNER on account of said contract or otherwise, and the
acceptance of the sum specified in said final estimate will operate as a full and final release and
discharge of the OWNER from any further claims, demands or compensation by the
CONTRACTOR under the above contract. Deponent further agrees that all guarantees under this
contract shall and be in full force from the date of this release as spelled out in the Contract
Documents.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of O physical presence or
O online notarization,this day of , 2020,by ,the
of , a , who is
personally known to me or produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
We, the having heretofore executed a performance bond for the above-named
CONTRACTOR covering project and section as described above in the sum of
dollars ($ ), hereby agree that the OWNER may make full payment of the final
estimate, including the retained percentage, to said CONTRACTOR.
It is fully understood that the granting of the right to the OWNER to make payment of the final
May 2020 Contractor's Release of Lien
70