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HomeMy WebLinkAbout2020 08 10 Consent 301 - Construction Services for Central Winds Park Trailhead Restroom • CONSENT AGENDA ITEM 301 ,n m=ared CITY COMMISSION AGENDA I AUGUST 10, 2020 REGULAR MEETING 1959 TITLE Construction Services for Central Winds Park Trailhead Restroom SUMMARY Invitation to Bid (ITB)#04-20-LH was advertised from June 29, 2020 through July 20, 2020 for construction services related to the Central Winds Park Trailhead Restrooms. This project consists of a 181 square foot structure which includes two restrooms and a storage/utility room. The Florida Department of Environmental Protection contributed 80% of the funding towards this project. The ITB outlined the construction services requested and submittal requirements.A total of three bids were received. After review, award of the project is recommended to Votum Construction, LLC as the lowest responsive, responsible bidder. Construction of the Trailhead Restrooms is expected to begin in October 2020. RECOMMENDATION Staff recommends the City Commission authorize entering into an Agreement with Votum Construction LLC for construction of the Central Winds Park Trailhead Restroom (ITB #04-20 LH) in the amount of$165,439.00 plus a 15% contingency for a total authorization of$190,254.85 from the Park Impact Fund. 80% funding was received from a DEP grant. ($200,000 DEP and $50,000 from City of Winter Springs). Additionally, Authorization for the City Manager and City Attorney is requested to prepare and execute any and all applicable contract documents consistent with the Agenda item. 436 CITY OF WINTER SPRINGS Incorporated 1959 Project Manual City of Winter Springs Central Winds Park Trailhead Restroom Construction Bid No. ITB 04-20 LH June 2020 437 THIS PAGE INTENTIONALLY LEFT BLANK 438 Central Winds Park Trailhead Restroom Construction INDEX-1 INDEX TO PROJECT MANUAL CITY OF WINTER SPRINGS CENTRAL WINDS PARK TRAILHEAD RESTROOM CONSTRUCTION City Bid No. ITB 04-20 LH June 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 June 2020 Index 439 Central Winds Park Trailhead Restroom Construction 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 City of Winter Springs Building Permit - Pending June 2020 Index 440 Central Winds Park Trailhead Restroom Construction 00005-1 SECTION 00005 CERTIFICATION This Project Manual is certified as follows: Architect Divisions 1, 2, 3, 5 Richard T. Reep Architect 2707 Chelsea Street Orlando, FL 32803 Ph. 407-408-4953 License No. ARI 1827 Date The appendices to this Project Manual may contain information prepared by other professionals, bearing the name, address, and logo of the professional. Richard Reep is not responsible for items prepared by other professionals, and these items are not covered under the above registered professional's signature and seal. June 2020 Certification 441 THIS PAGE INTENTIONALLY LEFT BLANK 442 Central Winds Park Trailhead Restroom Construction 00020-1 SECTION 00020 ADVERTISEMENT FOR BIDS INVITATION TO BID Bid Proposals are hereby solicited by the City of Winter Springs, Florida for: CENTRAL WINDS PARK TRAILHEAD RESTROOMS CONSTRUCTION Bid No. ITB 04-20 LH Sealed Bids must be received by July 20, 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 July 20,2020 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 Demand Star and the City's website at the following link: http://www.winterspringsfl.org/EN/web/gov/bids purchasing.htm This construction project consists of the following as shown on plans: 1. General Contractor will furnish all labor and materials for complete project as shown. All materials shall be new and procured specifically for this job, though recovered materials shall be used in accordance with EPA's Sustainable Materials Management initiative and the Resource Conservation and Recovery Act, 42 U.S.0 6962. 2. Submit construction plan to Owner prior to mobilization. Include: a. Construction fencing and security b. Vegetative material protection (trees, etc.) c. Existing structures protection (trail facilities, catch basins, and signage) d. Staging and laydown e. Construction Waste Management Plan f. Working days and hours g. Compliance with City Of Winter Springs prerequisites for Construction 3. Submittals: General Contractor will provide three (3) submittals for each item listed below. a. Division 4, Masonry: smooth-faced block, split-faced block; actual samples. b. Division 5, Metals: i. Reinforcing steel shop drawings ii. Aluminum trellis shop drawings iii. Aluminum with coating, of each type and size indicated: actual samples. c. Division 7, Waterproofing; modified bitumen roofing, system product data and warranty. d. Division 8, Doors: door and frame shop drawings and product literature, hardware product data. June 2020 Advertisement for Bids 443 Central Winds Park Trailhead Restroom Construction 00020-2 e. Division 9, Finishes: product data and color samples of each coating listed. f. Division 10, Accessories; product data for each accessory listed. g. Division 15, Plumbing; product data for each fixture listed. 4. Cutting and patching: Where work requires cutting and patching of newly completed work, patching shall be performed so that the finished surface is not marred or incomplete. 5. It is the responsibility of the General Contractor to conform to currently enforced codes. The construction documents outline design intent and quality. Work that does not conform to code shall be corrected at no cost to the Owner. 6. Provide products indicated in the Construction Documents. Substitutions shall not be entertained after bidding. 7. Project Closeout: Upon completion of the work, the General Contractor shall request a punch list inspection. Punch List items will be completed prior to final pay application. Deep cleaning shall include removal of dirt and debris inside and outside the building, removal of protective wraps or covers on any equipment, and removal of labels from manufactured items. The General Contractor shall submit PDF electronic copy of all product and material literature, cleaning, maintenance, and operating instructions. General Contractor shall provide electronic set of PDF as-builts to the Owner for record drawings Project Specifications: 00— General Conditions • Site Logistics - coordinate site access, materials staging, and hours of operation with Sitework Contractor. • Provide permit box, silt fence as indicated in Package 2, tree protection fencing, portable toilet, temporary power, and temporary water. 02— Sitework • Site clearing—remove existing vegetation in the required site areas for construction. • Site grading—rough grade site to level indicated on sheet C201. Provide fill as needed to achieve grades as shown. • Utilities: Provide for permanent power and water from local utilities. • Drainage: Site stormwater will be drained to location as indicated on C201. June 2020 Advertisement for Bids 444 Central Winds Park Trailhead Restroom Construction 00020-3 • Driveway and vehicular paving areas: See Package 2. 03 — Concrete • Provide concrete and grout for structural items as indicated and as specified on sheet S100. • Provide concrete for non-structural items to dimensions indicated on drawings. Use 3000psi concrete minimum. 04— Concrete Masonry Units • Provide 8" x 8" x 16" concrete masonry units conforming to ASTM C90, with all shapes necessary to achieve project, and as specified on sheet S 100. • Use ladder ties every 16". Reinforce as indicated on sheet S100. • All CMU shall be natural gray concrete color of uniform color and texture. • Exposed exterior face of block(where not concealed by veneer) shall be scored vertically in the center to create 8" x 8" exterior face module and be splitface. • Mortar shall be Type N, natural gray color. 05 —Metal • Provide structural steel as indicated and as specified on sheet S 100. • Provide aluminum to ASTM B 210 Specification for Aluminum and Aluminum Alloy Drawn Seamless Tubes. • Aluminum tube shapes will be coated with fluoropolymer powder conforming to AAMA 2605. All fasteners for use with aluminum shapes shall be aluminum or stainless steel. 06—Wood • Plywood shall be finish All dimensional lumber to be pressure treated. June 2020 Advertisement for Bids 445 Central Winds Park Trailhead Restroom Construction 00020-4 • Provide structural and nonstructural dimensional lumber and framing as specified on sheet S200. 07—Waterproofing • Sealants—Exterior sealants to be compatible with substrate. • Roof—provide membrane roofing equal to GAF Ruberoid granular surface modified bitumen roof membrane with all accessories including primer, flashing, sealants with minimum 10 year labor/ 15 year material warranty. Provide coated aluminum flashing shapes and sizes as indicated on plans. Coating color to be selected from manufacturer's standard colors. • Insulation—For roof deck, provide 2" closed-cell polyisocyanurate (polyiso)foam core insulation panels. 08 —Doors • Specification: Provide urethane foam-filled aluminum door, flush face design, high traffic and high abuse. Door shall meet wind load criteria as indicated on sheet S 100. Door shall have architectural quality aluminum sheet face minimum 0.090" thick plain unpatterned. • Finish: Door and frame finish shall be factory finish fluoropolymer coating conforming to AAMA 2605. • Frame: extruded aluminum components with manufacturer's standard corrosion-resistant, nonstaining, nonmagnetic metal anchors, clips, and accessories. If steel perimeter anchors are used for masonry anchoring, provide coated steel and insulation between steel and aluminum to prevent galvanic action. • Hardware: Hardware shall be as specified on door schedule. • Louver: Where louver occurs, provide louver of extruded aluminum components with manufacturer's standard fasteners. 09—Finishes June 2020 Advertisement for Bids 446 Central Winds Park Trailhead Restroom Construction 00020-5 • Exterior, concrete masonry units: After removing effloresence, excess mortar, rust and grease from exterior face of block, apply Copper Sulphate stain to a light hue. Mask areas not to receive sealer(aluminum, signage, etc). • Exterior, concrete masonry units: where Stacked Stone veneer is indicated, provide Eldorado Stone Stacked Stone Veneer, Black River profile. Prepare 2' x 4' mockup on West Wall at base for review and approval. • Interior, floors: Provide polyurethane concrete slurry broadcast floor equal to Ucretre DP Basecoat B6 to 1/8" total thickness of base coat and top coat.ucrete • Interior Coating -Provide low VOC interior coating systems as follows: Concrete Masonry Units: First coat= acrylic high-build masonry block filler. Second coat= Acrylic gloss enamel. Wood: First coat=water-based primer. Second coat=water-based eggshell/satin acrylic latex. 10—Accessories • Signage - Signage shall be securely affixed to exterior wall per manufacturer's instructions. Restroom signage: PVC raised-letter restroom signage with contrasting color conforming to Florida Building Code - Accessibility for restrooms. Donor Plaque: cast bronze donor plaque minimum 1/8" thickness with raised letters and enamel coated field. Restroom Accessories - Owner will furnish and install accessories marked with asterisk* Grab Bars: brushed stainless steel smooth 1 1/4" diameter with concealed flanges. P-trap underlav insulator: PVC insulating wrap, Handy-Shield by Plumberex Baby Changing Table: Stainless Steel foldable station, Koala KB200-01SS. All questions regarding the bid should be directed to Holly Queen, City Controller by e- mail to hqueengwintersprin sg fl.org. Questions received less than seven(7) Calendar days prior to Bid Opening will not be answered. The City of Winter Springs reserves the right June 2020 Advertisement for Bids 447 Central Winds Park Trailhead Restroom Construction 00020-6 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 June 29,2020 2 Last Date for City to Receive Questions on ITB July 13,2020 3 Proposal Submission Due Date July 20,2020 4 Bid Opening July 20,2020 5 END OF SECTION June 2020 Advertisement for Bids 448 Central Winds Park Trailhead Restroom Construction 00100-1 SECTION 00100 INSTRUCTIONS TO BIDDERS PART 1 GENERAL 1.01 Project Identification A. Bids are requested for providing construction services for the Trailhead Restrooms 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 hqueengwintersprin sg fl.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 July 13, 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 June 2020 Instructions to Bidders 449 Central Winds Park Trailhead Restroom Construction 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 June 2020 Instructions to Bidders 450 Central Winds Park Trailhead Restroom Construction 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#04-20 LH 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 June 2020 Instructions to Bidders 451 Central Winds Park Trailhead Restroom Construction 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 under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Respondent believes any of the information contained in its response is exempt from the Public Records Law, the Respondent must,in its response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption; otherwise,the City will treat all materials received as public records. In addition, the Respondent shall make available to the City, or any of its duly authorized representatives, any books, June 2020 Instructions to Bidders 452 Central Winds Park Trailhead Restroom Construction 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. Tobe 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 June 2020 Instructions to Bidders 453 Central Winds Park Trailhead Restroom Construction 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 June 2020 Instructions to Bidders 454 Central Winds Park Trailhead Restroom Construction 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. June 2020 Instructions to Bidders 455 Central Winds Park Trailhead Restroom Construction 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; June 2020 Instructions to Bidders 456 Central Winds Park Trailhead Restroom Construction 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 June 2020 Instructions to Bidders 457 Central Winds Park Trailhead Restroom Construction 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 1 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 CENTRAL WINDS PARK TRAILHEAD RESTROOM CONSTRUCTION. City Bid No. ITB 04-20 LH June 2020 2. Drawings for CENTRAL WINDS PARK TRAILHEAD RESTROOM CONSTRUCTION. City Bid No. ITB 04-20 LH June 2020 3. Addenda: Number dated Number dated B. Has examined the site and all Bidding Documents and understands that in June 2020 Mandatory Bid Forms 458 Central Winds Park Trailhead Restroom Construction 00300-2 submitting his Bid, he waives all right to plead any misunderstanding regarding the 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 60 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. June 2020 Mandatory Bid Forms 459 Central Winds Park Trailhead Restroom Construction 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 June 2020 Mandatory Bid Forms 460 Central Winds Park Trailhead Restroom Construction 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 2 Demobilization,Record Drawings and Project Closeout 3 Preconstruction Video 4 Erosion and Sediment Control 5 Permits/Inspections 6 Survey 7 Administrative Costs 8 Le al Fees 9 Engineering Fees 10 Insurance 11 Site Work/excavation 12 Concrete/Slab/Walkways 13 Roof 14 Plumbing/Sinks / Toilets/water fountain 15 Windows 16 Doors/Locks 17 Electrical 18 Exterior Stone 19 Exterior Block 20 Interior Painting 21 Millwork/ Stalls 22 Light Fixtures 23 Landscape June 2020 Mandatory Bid Forms 461 Central Winds Park Trailhead Restroom Construction 00300-5 TOTAL BID: DOLLARS (In Words) June 2020 Mandatory Bid Forms 462 Central Winds Park Trailhead Restroom Construction 00300-6 SCRUTINIZED COMPANY CERTIFICATION Florida Statutes, Sections 287.135 and 215.473 Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services of: (a) 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 June 2020 Mandatory Bid Forms 463 Central Winds Park Trailhead Restroom Construction 00300-7 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: June 2020 Mandatory Bid Forms 464 Central Winds Park Trailhead Restroom Construction 00300-8 NON-COLLUSION AND CONTINGENT FEES AFFADAVIT State of Florida County of being first duly sworn, deposes and says that: He / She is of the Proposer that has submitted the attached Bid; 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 June 2020 Mandatory Bid Forms 465 Central Winds Park Trailhead Restroom Construction 00300-9 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: June 2020 Mandatory Bid Forms 466 Central Winds Park Trailhead Restroom Construction 00300-10 DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statues 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedure for processing the bids will be followed if none of the tied vendors have a drug-free work place program. In order to have a drug-free workplace program, a business shall: a. Publish a statement notifying employees that the unlawful manufacture, distribution, Dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b. Inform employees about the danger of drug abuse in the workplace, the business's policy maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. c. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (a). d. In the statement specified in subsection (a), notify the employees that, as a condition of working on the commodities or contractual services that are under bid/proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. e. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. f. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Company) (Signature& Title) June 2020 Mandatory Bid Forms 467 Central Winds Park Trailhead Restroom Construction 00300-11 CONFLICT OF INTEREST CERTIFICATION Before me, the undersigned authority, personally appeared, who was duly sworn, deposes, and states: I am the of with a local office in and principal office in City and State City and State The above-named entity is submitting an ITB for the City of Winter Springs described as: City of Winter Springs ITB # 04-20 LH CENTRAL WINDS PARK TRAILHEAD RESTROOMS CONSTRUCTION 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. June 2020 Mandatory Bid Forms 468 Central Winds Park Trailhead Restroom Construction 00300-12 g. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named entity, will immediately notify the City of Winter Springs. (Authorized Signature) Name of Business Phone&Fax Number (Printed Name and Title) Business Mailing Address City, State, Zip June 2020 Mandatory Bid Forms 469 Central Winds Park Trailhead Restroom Construction 00300-13 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 C This amount disclosed as the cost of compliance with the applicable trench safety requirement does not constitute the extent of the Contractor's obligation to comply with said standards. Contractor shall expend additional sums, at no additional cost to the OWNER (except as may otherwise be provided), which are necessary to so comply. Acceptance of the bid to which this certification and disclosure applies in no way represents that the OWNER or its representatives have evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the 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. June 2020 Mandatory Bid Forms 470 Central Winds Park Trailhead Restroom Construction 00300-14 CERTIFICATION A: (Debarment, Suspension and other responsibility matters—Primary Covered Transactions) The prospective primary participant certifies to the best of its knowledge and belief that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local)terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation of this proposal. Instructions for Certification (A) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below; a. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's 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 June 2020 Mandatory Bid Forms 471 Central Winds Park Trailhead Restroom Construction 00300-15 certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. C. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations. e. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. f. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Non- procurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph(6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this June 2020 Mandatory Bid Forms 472 Central Winds Park Trailhead Restroom Construction 00300-16 transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. Certification B: (Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions) a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. a. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. d. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. June 2020 Mandatory Bid Forms 473 Central Winds Park Trailhead Restroom Construction 00300-17 e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitation for lower tier covered transactions. f. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may but is not required to, check the Non- procurement List. g. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. h. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment. Applicant: Date: Signature of Authorized Certifying Official: Title: END OF SECTION June 2020 Mandatory Bid Forms 474 Central Winds Park Trailhead Restroom Construction 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: Central Winds Park Trailhead Restrooms Construction 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. June 2020 Bid Bond Form 475 Central Winds Park Trailhead Restroom Construction 00410-2 (Principal) (Seal) (Witness) (Title) (Address) (Surety) (Seal) (Witness) (Title) (Address END OF SECTION June 2020 Bid Bond Form 476 Central Winds Park Trailhead Restroom Construction 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 I 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 Architect Specifications and Drawings prepared by Richard Reep., dated June 2020; Bid Documents issued by the City, dated June 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 June 2020 Agreement Form 477 Central Winds Park Trailhead Restroom Construction 00500-2 b. Agreement,Exhibits and Addenda c. Supplemental Terms and Conditions d. General Terms and Conditions e. Engineering Plans and Drawings f. Contractor's Bid Submittal Any inconsistency in the work description shall be clarified by the 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. CONTRACTTFIE - a. E -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 60 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. June 2020 Agreement Form 478 Central Winds Park Trailhead Restroom Construction 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 ($10.00) Dollars as consideration for this provision. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated,in default, or if the CONTRACTOR has abandoned the Work. 8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order,the Total Contract Price of ($ 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 June 2020 Agreement Form 479 Central Winds Park Trailhead Restroom Construction 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 June 2020 Agreement Form 480 Central Winds Park Trailhead Restroom Construction 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 party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the parry affected; provided that prompt notice of such delay is given by such parry 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. Work is found defective and not remedied; June 2020 Agreement Form 481 Central Winds Park Trailhead Restroom Construction 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 does not designate an agent, i.e., an architect or engineer, that must approve any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1),Florida Statutes, except to the extent that the payment request or invoice does not meet contract requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice,the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is 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 Special Projects 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 of the retainage. The remaining retainage amount withheld shall be released with the Final June 2020 Agreement Form 482 Central Winds Park Trailhead Restroom Construction 00500-7 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. June 2020 Agreement Form 483 Central Winds Park Trailhead Restroom Construction 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. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, June 2020 Agreement Form 484 Central Winds Park Trailhead Restroom Construction 00500-9 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. 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. June 2020 Agreement Form 485 Central Winds Park Trailhead Restroom Construction 00500-10 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 j oint venture or principal- agent relationship between the parties and neither party is authorized to, nor shall either parry 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 ($250.00) or ONE PERCENT (1%) OF THE CONTRACT SUM WHICHEVER IS GREATER. The CONTRACTOR acknowledges receipt of the specific consideration for CONTRACTOR's indemnification of OWNER and that the specific consideration is included June 2020 Agreement Form 486 Central Winds Park Trailhead Restroom Construction 00500-11 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 to Proceed with the work. This list shall be updated thereafter as necessary with a certified June 2020 Agreement Form 487 Central Winds Park Trailhead Restroom Construction 00500-12 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 from property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles,including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. 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 named insured on all stipulated insurance policies as its interest may appear, from time to time,excluding worker's compensation and professional liability policies. June 2020 Agreement Form 488 Central Winds Park Trailhead Restroom Construction 00500-13 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 parry at the address shown on the first page of this Contract. 30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER.Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor,between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 31. DOCUMENTS -Public Records: It is hereby specifically agreed that any record, document, computerized information and program,audio or video tape,photograph, or other writing of the CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape,photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER.All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the OWNER upon delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must enforce this Section, or the OWNER suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statutes, due to June 2020 Agreement Form 489 Central Winds Park Trailhead Restroom Construction 00500-14 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 party 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 subj ect 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 which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. June 2020 Agreement Form 490 Central Winds Park Trailhead Restroom Construction 00500-15 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. June 2020 Agreement Form 491 Central Winds Park Trailhead Restroom Construction 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. 40. FEDERALLY FUNDED PROJECTS—For Work that will be funded in whole or in part by federal funds, the following provisions shall apply, as required by Section 200.326, Code of Federal Regulations: a. Equal Employment Opportunity. During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. June 2020 Agreement Form 492 Central Winds Park Trailhead Restroom Construction 00500-17 (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, June 2020 Agreement Form 493 Central Winds Park Trailhead Restroom Construction 00500-18 or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. b. Compliance with the Davis-Bacon Act (1) The Contractor will comply with the David-Bacon Act(40 U.S.C. 3141 —3144 and 3146 —3148) as supplemented by the Department of Labor Regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"), which are incorporated herein by reference. (2) In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. The Contractor shall pay wages not less than once a week. (3) Subcontracts. The Contractor agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance. (4) The Contractor agrees to report each suspected or reported violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State of Florida, the federal awarding agency, and as otherwise appropriate. C. Compliance with the Copeland "Anti-Kickback"Act (1)The Contractor will comply with the Copeland"Anti-Kickback" Act(40 U.S.0 3145) as supplemented by the Department of Labor Regulations (29 CFR Part 3, "Contractors or Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"), which are incorporated herein by reference. (2) The Contractor and each subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. (3) Subcontracts. The Contractor agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance. (4) The Contractor agrees to report each suspected or reported violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State of Florida, the federal awarding agency, and as otherwise appropriate. d. Compliance with the Contract Work Hours and Safety Standards Act (1)Overtime requirements.No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which June 2020 Agreement Form 494 Central Winds Park Trailhead Restroom Construction 00500-19 he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1) of this section. (3)Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subj ect to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(1)through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through(4) of this section. e. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2(a) and the City or Contractor wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the City or Contractor must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the federal awarding agency. f. Clean Air Act June 2020 Agreement Form 495 Central Winds Park Trailhead Restroom Construction 00500-20 (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State of Florida, the federal awarding agency, and as otherwise appropriate. (3) The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance. g. Federal Water Pollution Control Act (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State of Florida, the federal awarding agency, and as otherwise appropriate. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. h. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded(defined at 2 C.F.R. § 180.940)or disqualified(defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. i. Byrd Anti-Lobbying Amendment Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal June 2020 Agreement Form 496 Central Winds Park Trailhead Restroom Construction 00500-21 appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, I certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. June 2020 Agreement Form 497 Central Winds Park Trailhead Restroom Construction 00500-22 Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date j. Procurement of Recovered Materials (1)In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or (iii) At a reasonable price. (2)Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. k. Access to Records The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City, the State of Florida, the federal awarding agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the federal awarding agency Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 1. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that federal financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, the applicable federal agency policies, procedures, and directives. M. No Obligation by Federal Government June 2020 Agreement Form 498 Central Winds Park Trailhead Restroom Construction 00500-23 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. n. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: Shawn Boyle, City Manager Date: ATTEST: Christian Gowan, Interim City Clerk CONTRACTOR By: Print name/title: Date: STATE OF June 2020 Agreement Form 499 Central Winds Park Trailhead Restroom Construction 00500-24 COUNTY OF The foregoing instrument was acknowledged before me by means of( ) physical presence or (__) online notarization, this day of 20 , by , the of who is personally known to me or who produced as identification and who did take an oath. (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: END OF SECTION June 2020 Agreement Form 500 Central Winds Park Trailhead Restroom Construction 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 June 2020 Performance Bond Form 501 Central Winds Park Trailhead Restroom Construction 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 June 2020 Performance Bond Form 502 Central Winds Park Trailhead Restroom Construction 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. June 2020 Performance Bond Form 503 Central Winds Park Trailhead Restroom Construction 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 Garganese, Weiss, D'Agresta& Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 June 2020 Performance Bond Form 504 Central Winds Park Trailhead Restroom Construction 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. 11. VENUE. In the event any legal action shall be filed upon this performance bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 12. MISCELLANEOUS. A. The Surety agrees that this performance bond shall afford the OWNER with all of the protections and rights afforded under Florida Statutes and under common law. B. This performance bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this performance bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this performance bond. D. This performance bond shall remain in full force and effect until such time all the work, labor and materials under the Contract have been performed or provided to the OWNER's complete satisfaction, through the expiration of all warranty periods. June 2020 Performance Bond Form 505