HomeMy WebLinkAbout2023 11 16 Consent 304 - Award of the Water Treatment Plant No. 3 Electrical Improvements ITB #08-23-03 BICONSENT AGENDA ITEM 304
CITY COMMISSION AGENDA | NOVEMBER 16, 2023 REGULAR MEETING
TITLE
Award of the Water Treatment Plant No. 3 Electrical Improvements ITB #08-23-03 BI
SUMMARY
The City of Winter Springs has a need for electrical improvements to Water Treatment
Plant No. 3. This construction project is for the installation and connection of the
following items: a generator (City provided), electrical main disconnect, and new
variable frequency drive (VFD) at the Water Plant.
An Invitation to Bid was published on DemandStar and the City’s website. The
mandatory site visit was attended by 8 vendors/contractors. A total of 2 bids were
received by the September 13, 2023, deadline. The bids were tabulated and then
reviewed for responsiveness. The lowest most responsive bidder Cain Enterprises LLC
dba Engineering Solutions International. Their low bid was $328,803.37.
The following is the list of all the bidders and their bids.
Firm Total Bid
Cain Enterprises LLC dba Engineering
Solutions International
$328,803.37
Eau Gallie Electrical $499,000.00
FUNDING SOURCE
Funding for this construction is from the City’s Capital Improvement Program.
RECOMMENDATION
Staff recommends the City Commission approve the award of bid to install the
generator and other electrical improvements at Water Treatment Plant No. 3 to Cain
Enterprises LLC dba Engineering Solutions International in the amount of $328,803.37
with a contract time of 120 days. It is also requested that the City Manager is
authorized to execute the contract with Cain Enterprises LLC dba Engineering
Solutions International.
92
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
INVITATION TO BID
WTP No. 3 ELECTRICAL IMPROVEMENTS
ITB # 08-23-03 BI Date: Augus 04, 2023
The purpose of this Invitation To Bid (ITB) is to solicit formal written Bids from experienced individuals, corporations,
partnerships and other legal entities (Bidder). The City of Winter Springs, FL (CITY) is seeking to obtain the Services of a qualified
vendor(s) to perform construction, installation, start-up and testing of a new diesel powered generator with fuel tank,
variable frequency drive (VFD) and disconnect with power supplied from LS 7 (hereinafter WTP No 3 Electrical
Improvements), consistent with the specifications detailed in Appendices B-1 and B-2
Sealed Bids will be received by the City of Winter Springs (CITY) Procurement Department, located at:
Winter Springs City Hall,
1126 East State Road 434
Winter Springs, Florida 32708
Attention Procurement Manager
Until Sept. 13, 2023, 2:00pm local time for ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Bids shall conform to the requirements outlined in the Invitation To Bid. The CITY reserves the right to reject any and all offers
and to waive minor informalities. The CITY issues this ITB for the project requirements defined herein, in order to select a Bid(s)
for further contract negotiations and selection by the CITY may not necessarily result in the formation of a contract.
Bidder shall submit their Bids to this ITB by:
providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your Bid to this office
by the date and time indicated above. The outside of your package must be clearly labeled with the ITB number, title, opening
date and time, and the name and address of the Bidder. The CITY is not responsible for submittals via postal or mail courier
services, receipt by the post office or mail courier prior to the deadline does not constitute meeting the CITY’S receipt deadline
stated above.
Offers received after September 13, 2023 at 2:00 p.m., will be rejected.
Deadline for Confirming Site Visit (August 16, 2023 9:00am) Attendance is August 14, 2023 at noon
Deadline for questions is August 28, 2023 1:00pm local time
An Addenda will be issued and posted to Demand Star by 1:00pm on August 31, 2023 if questions are received and
require clarification for all Bidders.
93
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
If you have any questions regarding this Invitation To Bid, please contact:
Stuart MacLean, Procurement Manager, at (407) 327-7581, or via email at smaclean@winterspringsfl.org
PROPOSAL DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM:
www.demandstar.com
or
https://www.winterspringsfl.org/rfps
94
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Invitation To Bid Table of Contents
PART I SCOPE OF SERVICE/EVALUATION CRITERIA ........................................................................................................................... 1
Background ....................................................................................................................................................................................... 1
Scope of Work .................................................................................................................................................................................. 1
General Requirements ...................................................................................................................................................................... 1
Special Conditions ............................................................................................................................................................................. 3
Evaluation Criteria ............................................................................................................................................................................ 7
Timeline of Events ............................................................................................................................................................................ 7
PART II INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS ............................................................................................. 8
Definitions ......................................................................................................................................................................................... 8
Preparation of Invitation To Bid ....................................................................................................................................................... 8
Submission and Receipt of Bids ........................................................................................................................................................ 8
Selection of Bid(s) ............................................................................................................................................................................. 9
Acceptance of Offer .......................................................................................................................................................................... 9
Notice of Award, Performance Bond and Labor and Materials Payment Bond…………………………………………………………………… …. 9
Discrepancies, Errors, and Omissions .............................................................................................................................................10
Right to Reject Bids .........................................................................................................................................................................10
Fiscal Non-Funding Clause ..............................................................................................................................................................10
Rights of the CITY ............................................................................................................................................................................10
Conflict of Interest ..........................................................................................................................................................................10
Public Entity Crimes ........................................................................................................................................................................11
Options ...........................................................................................................................................................................................11
Subcontracting ................................................................................................................................................................................11
Default of Contract .........................................................................................................................................................................11
Modification for Changes ...............................................................................................................................................................11
Order of Precedence .......................................................................................................................................................................11
Examination of Records ..................................................................................................................................................................11
Bids Received ..................................................................................................................................................................................12
Contacting City Staff .......................................................................................................................................................................12
Qualifications of Bidder ..................................................................................................................................................................12
Disqualification of Bidder ...............................................................................................................................................................12
Lobbying/Cone of Silence ...............................................................................................................................................................12
Licenses and Permits ......................................................................................................................................................................12
Provisions for Other Agencies ........................................................................................................................................................13
Applicable Law and Venue ..............................................................................................................................................................13
Proposal Disclosure; Public Records Responsibilities .....................................................................................................................13
Attorney Fees..................................................................................................................................................................................14
E-Verify ...........................................................................................................................................................................................14
Additional Information ...................................................................................................................................................................14 95
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Modification and Withdraw ...........................................................................................................................................................15
Prohibition on Gifts to City Employees and Officials ......................................................................................................................15
Discrimination .................................................................................................................................................................................15
Federal Requirements ....................................................................................................................................................................15
PART III SPECIFIC BID REQUIREMENTS .............................................................................................................................................. 16
Format ............................................................................................................................................................................................16
Section A – Proposer Information and Acknowledgement Form ...................................................................................................16
Section B – Table of Contents .........................................................................................................................................................16
Section C – Introduction Letter.......................................................................................................................................................16
Section D – Qualifications ...............................................................................................................................................................16
Section E - Other Information .........................................................................................................................................................17
Section F – Cost and Time ...............................................................................................................................................................17
Section G – Mandatory Proposal Forms .........................................................................................................................................17
Section H – Florida State Corporate Filing ......................................................................................................................................17
Mandatory Proposal Forms ..........................................................................................................................................................
o Bidder Information and Acknowledgement
o References
o Insurance Requirements
o Scrutinized Company Certification
o Drug Free Workplace
o Non-Collusion Affidavit
o Public Entity Crimes Statement
o Debarment, Suspension etc. Certification
o E-Verify Statement
o Conflict of Interest Statement
o SMWBE Utilization Plan
o Florida Trench Safety Act Certification
o Byrd Anti-Lobbying Act Certification
• Appendix A Bid Form
• Appendix B-1 WTP 3 Electrical Improvements Specifications
• Appendix B-2 WTP 3 Electrical Improvements Plan Set
• Appendix C Construction Agreement Template
• Appendix D Bid Bond Agreement
• Appendix E Perfomance Bond Form
• Appendix F Labor and Materials Payment Bond Form
• Appendix G Notice of Award
• Appendix H Notice to Proceed
• Appendix I Contractor"s Release of Lien
96
1 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
PART I - SCOPE OF SERVICE/EVALUATION CRITERIA
FOR
ITB # 08-23-03 BI
WTP No 3 Electrical Improvements
Background
The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando-Kissimmee-Sanford
Metropolitan Area. As of July 1, 2021, the City of Winter Springs had a population of approximately 38,975.
Scope of Work
The scope of this project is to provide construction, installation, start-up, and testing of a new diesel powered
generator with fuel tank, variable frequency drive (VFD) and disconnect of power supplied from LS 7 within the City
of Winter Springs, FL in accordance with the engineering documents which are attached to this Invitation To Bid.
General Requirements
1. SCOPE
The scope of work includes furnishing all labor equipment, tools, materials, and incidentals necessary to complete the
work in accordance with the Contract Documents in a first-class workmanlike manner, complete in all respects and
ready for use
2. APPLICABLE SPECIFICATIONS AND REQUIREMENTS
All work to be performed on this project shall conform to the specifications and requirements, as referenced on the
Drawings, unless otherwise noted in the Contract Documents.
3. PERMITS AND REGULATIONS
The Bidder shall procure and pay for all permits, licenses, and bonds necessary for the prosecution of the Work, and/or
required by Municipal, State and Federal regulations, laws and procedures, unless specifically provided otherwise in
the Contract Documents. The CITY shall provide all required easements.
The CITY shall give all notices, pay all fees, and comply with all federal, state and municipal laws, ordinances, rules and
regulations and building and construction codes bearing on the conduct of the Work. This ITB, as to all matters not
particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all pertinent
ordinances, codes and normal regulatory procedures of the municipality or other political subdivision within whose
limits the Work is constructed, which ordinances, codes and procedures are hereby made a part hereof with the same
force and effect as if specifically set out herein. It is the Bidder’s responsibility to apply to the local jurisdiction for any
Building Permit or Permit that may be required.
4. INSURANCE AND HOLD HARMLESS INDEMNIFICATION
To the fullest extent permitted by laws and regulations, Bidder shall indemnify and hold harmless CITY and its
consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or
consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals
and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such
claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is
caused in whole or in part by any negligent act or omission of Bidder, any Subcontractor, any person or organization
directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
97
2 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or
is imposed by Law and Regulations regardless of the negligence of any such party.
In any and all claims against CITY or any of their consultants, agents or employees by any employee of Bidder, any
Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any
of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous
paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or
benefits payable by or for Bidder or any such Subcontractor or other person or organization under workers’ or
workmen’s compensation acts, disability benefit acts or other employee benefit acts.
Bidder's Liability Insurance - The Bidder shall not commence any work under this Contract until he has obtained all
insurance required under the Agreement. Bidder shall purchase and maintain such comprehensive general liability
and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from
claims set forth which may arise out of or result from Bidder's performance and furnishing of the Work and Bidder's
other obligations under the Contract Documents, whether it is to be performed or furnished by Bidder, by any
Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by
anyone for whose acts any of them may be liable. The insurance required shall include the specific coverage's and be
written for not less than the limits of liability and coverage's provided or required by law, whichever is greater. The
comprehensive general liability insurance shall include completed operations insurance. The comprehensive general
liability insurance shall also include Contractual Liability Insurance applicable to Bidder's obligations under the Hold
Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the
certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least thirty days’ prior written notice has been given to CITY
by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Bidder
may be correcting, removing or replacing defective work in accordance with the Contract Documents. Bidder's General
Liability Insurance shall include the CITY, and CITY's consultants as insured or additional insured which may be
accomplished by either an endorsement of Bidder's Comprehensive General Liability policy or by Bidder 's carrier
issuing a separate protection liability policy.
5. SALES TAX
The Bidder shall include in its Bid, and shall pay, all Florida State sales tax and other local, State, and Federal taxes in
accordance with existing laws and regulations.
6. LAYOUT OF WORK
The Bidder shall perform and be responsible for all layout work in connection with the project. The CITY will provide
benchmarks as necessary in the project area.
7. CHANGES IN THE WORK
The CITY may, at any time, or from time to time, without invalidating the Agreement order alterations, deletions or
revisions in the Work by written Change Order or Field Order. Upon receipt of any such order, Bidder shall promptly
proceed with the Work involved, which shall be performed under the applicable conditions of the Contract
Documents.
Any deviations from these specifications, plans and contract documents, must be approved by the CITY in advance
of the work either by a written and executed Change Order or a written Field Order.
The Bidder agrees that he will do such work as may be required for the proper execution of the whole work herein
contemplated, including all labor, equipment and materials reasonably necessary for the proper completion of the
work. The Bidder agrees that he will make no claim for extra work unless that material or work is not covered by, or
properly inferable from the Contract Documents. If the Bidder makes a claim for an extra or additional cost and
requests a Change Order be issued prior to performing the work, and the CITY renders a decision denying such
request, the Bidder must notify the CITY in writing within 3 days of the time that the Bidder is informed of the CITY's
decision. Otherwise the CITY will not consider any such difference as a claim for a Change Order or additional
payment or time. Any such written notice received by the CITY from the Bidder within the 3-day period shall be just
reason for the CITY to reevaluate its previous decision.
98
3 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
8. PAYMENTS
The CITY may make partial payments on a monthly basis to the Bidder based on pay estimates, which have been
approved by the CITY. The Bidder shall submit at least three (3) copies of his estimate, with reasonable time allowed
to make a field inspection, check, and process the estimate.
Final Payment, including the retainage, will be made upon the completion of the work and certification by the CITY,
and regulatory agencies and acceptance by the CITY that all of the work has been completed in accordance with the
approved plans, specifications, and other Contract Documents, will be made to the Bidder. The CITY shall make final
payment not later than 30 days after final acceptance of the work. Prior to final payment, the PROPOSER shall
transfer to the OWNER all applicable items accumulated throughout construction. These include but are not limited
to the following items:
Waivers of lien, releases and other items CITY may require in evidence of full payment to all Subcontractor’s,
suppliers and material-men.
Progress payments may be withheld if:
1. Work is found defective and not remedied;
2. Bidder does not make prompt and proper payments to SUBCONTRACTORs;
3. Bidder does not make prompt and proper payments for labor, materials, or equipment furnished;
4. Another Bidder is damaged by an act for which Bidder is responsible
5. Claims or liens are filed on the job; or
6. In the opinion of the City of Winter Springs, Bidder’s work is not progressing satisfactorily.
9. PAYMENTS WITHHELD
The CITY will disburse, and shall have the right to act as agent for the Bidder in disbursing such funds as have been
withheld pursuant to the agreement between Bidder and the CITY, to the party or parties who are entitled to payment
therefrom. The CITY will render to the Bidder a proper accounting of all such funds disbursed on behalf of the Contract.
Neither the final payment nor any part of the retained percentage shall become due until the Bidder, if required, shall
deliver to the CITY his written one year guarantee on the work and a complete release of liens arising out of this
Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as he has knowledge
or information, the releases and receipts include all the labor and material for which a lien could be filed; but the
Bidder may, if any subcontractor refuses to sign a release or receipt in full, furnish a bond satisfactory to the CITY, to
indemnify himself against any lien. If any lien remains unsatisfied after all payments are made, the Bidder shall refund
to the CITY all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a
reasonable attorney’s fee.
10. GENERAL GUARANTEE
All work to be performed under this Contract shall be constructed in compliance with the Contract Documents.
Special Conditions
1. Existing Utilities
In areas of work, all existing utilities, public or private, shall be located by the Bidder, and owners of said utilities shall
be notified prior to commencing construction. Bidder shall immediately notify the CITY of any existing utilities that
may interfere with completing the work. Bidder is to coordinate the relocation of any utilities within the areas of
construction. Utility coordination work shall be considered as part of the lump sum pay item for mobilization.
99
4 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
2. Work Hours
All activity must occur between 7:00 AM and 6:00 PM, Monday through Friday excepting recognized holidays.
Work on weekends or holidays must be requested a minimum of 7 days prior to the requested date for review
and approval by the CITY.
3. Maintenance of Traffic
If necessary, temporary lane closures during working hours at an active construction site with an approved MOT plan
will be permitted, subject to CITY review.
4. Shop Drawings
Shop drawings for all construction materials shall be submitted to and approved by the CITY.
5. Property Restoration
All private and public property affected by the construction shall be restored to a condition equal to or better than
the pre-work condition, including sodding, landscaping, irrigation systems, driveways, sidewalks, mailboxes, curbs,
etc. The cost for all restoration work shall be incidental and no extra compensation will be allowed.
6. Excess Materials
All excess excavation, construction and other debris materials are the responsibility of the Bidder.
7. Sedimentation and Erosion Control
Bidder to follow all requirements set forth by the City of Winter Springs, SJRWMD, FDEP, NRCS, and USACOE with
respect to sedimentation and erosion control.
8. Detailed Work Plan As part of the Bid package, the Bidder shall submit a detailed work plan, which will include the
proposed construction sequence. The work plan shall also include, as needed, a bypass flow/dewatering plan and a
turbidity control plan, based on the following requirements:
1. Bypass flow/Dewatering Plan:
The bypass flow/dewatering plan shall contain the Bidder’s proposed method for diverting flow around the work
areas at all project site locations. The plan shall include a detailed diagram and narrative describing techniques,
materials, and storm preparedness.
2. Turbidity Control Plan:
The turbidity control plan, as needed, shall include the proposed best management practices (BMPs) to prevent
erosion and the release of sediment and turbid water from the project site. The plan shall include the Bidder’s
proposed methods and materials necessary to prevent violations of water quality standards. Turbidity
monitoring will be required weekly throughout construction at the direct discharge location of each of the
project site. The results shall be submitted to the CITY on a weekly basis.
9. Equal Employment Opportunity 41 CFR 60-1.4 (b) (As required by 2 CFR 200.326 Appendix II to Part 200)
During the performance of this contract, the Bidder agrees as follows:
1) The Bidder will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The Bidder 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, sexual orientation, gender identity, 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 Bidder 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.
100
5 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
2) The Bidder will, in all solicitations or advertisements for employees placed by or on behalf of the PROPOSER,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
3) The Bidder 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 Bidder 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 Bidder's commitments under this Section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
5) The Bidder 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 Bidder 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 Bidder '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 Bidder 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 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 Bidder will include the portion of the sentence immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (8) 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 PROPOSER 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 Bidder becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency, the Bidder may request the United
States to enter into such litigation to protect the interests of the United States.
The Bidder further agrees that it will be bound by the above equal opportunity clause with respect to its own
employment practices when it participates in federally assisted construction work: provided, that if the applicant so
participating is a state or local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or under the contract.
101
6 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
The Bidder agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor
in obtaining the compliance of its contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The Bidder further agrees that it will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated
eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order
and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to part ii, subpart d of
the Executive Order. In addition, the Bidder agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part
this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Bidder under
the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the department of justice for appropriate legal
proceedings.
10. Contract Work Hours and Safety Standards Act (40 U.S.C 3701-3708)
1) Overtime requirements. No Bidder 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 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 Bidder and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such Bidder and subcontractor shall be liable to the United States, 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 Bidder or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject 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 Bidder or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
4) Subcontracts. The Bidder 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.
102
7 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Timeline of Events
Release of ITB August 04, 2023
Site Visit – 110 West Bahama Road, Winter Springs, FL 32708 - 9:00am Please confirm planned attendance by no later than noon August 14, 2023 August 16, 2023
Deadline to receive questions (electronically) – 1:00pm local time August 28, 2023
Addendum Released by 1:00pm local time August 31, 2023
ITB Submittals are Due by 2:00 pm local time September 13, 2023
Bid Opening and Selection at 2:15 pm local time at Winter Springs City Hall September 13, 2023
City Commission Award Approval TBD
Notice of Award to Successful Bidder TBD
Notice to Proceed to Successful Bidder TBD
Evaluation Criteria
Bids will be evaluated by the CITY for responsiveness. An award shall be made to the lowest priced, responsive, and
responsible Bidder providing the best value whose Bid complies with the scope of work, minimum criteria, and all
other aspects set forth in this Invitation To Bid and is in the best interest of the CITY.
Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give
preference based upon, a vendor’s social, political, or ideological interests when determining the vendor’s
qualifications.
103
8 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
PART II - INSTRUCTIONS TO RESPONDENTS AND GENERAL PROVISIONS
For
ITB # 08-23-03 BI
WTP No 3 Electrical Improvements
Definitions (as used herein)
a. The term "Invitation to Bid" means a solicitation of bids. The acronym "ITB" means Invitation to Bid.
b. The term "Bid" means the price to conduct the scope of work requested based on the required minimum
criteria.
c. The term "professional services" means those services of architects, auditors, dentists, engineers,
landscape architects, lawyers, physicians, psychologists, surveyors, and any other professional service as
determined by the CITY.
d. The term "Bidder" means the company/firm making an offer
e. The term "CITY" means the City of Winter Springs, Florida.
f. The term "CITY Commission" means the governing body of the City of Winter Springs.
Preparation of Invitation To Bid
a Bidders are expected to examine the minimum requirements and all special and general conditions. Omission on
the part of the Bidder to make the necessary examinations and investigations, or failure to fulfill every detail the
requirements of the contract document, will not be accepted as a basis for varying the requirements of the CITY
or the compensation to the Bidder. Failure to properly and fully complete the Bid is at the Bidder's risk. The
Bidder shall sign the Invitation To Bid and print or type his/her name, address, and telephone number on the
face page.
a. The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a
detailed description concerning any point will be regarded as meaning that only the best commercial practices
are to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be
made upon the basis of this statement.
b. Bidders should submit their response to this ITB by:providing, in a sealed package/encvelope, one (1) original,
marked as such, three (3) copies, marked as such and one (1) electronic copy of your Bid to the address noted
above and by the date and time indicated. The outside of your package/envelope must be clearly labeled with
the ITB number, title, opening date and time and the name and address of the Bidder. The CITY is not
responsible for submittals via postal or mail courier services, receipt by the post office or mail courier prior to
the deadline does not meet the CITY’s deadline requirements.
c. The Bidder should retain a copy of all documents for future reference.
d. All Bids must be signed with the Bidder name and by an officer or employee having authority to bind the Bidder
by his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org).
Proof of corporate signer must be included with the submittal with the Bid. You may use the Sunbiz website
screen shot or include a copy of your Corporate Resolution to prove the authority of the corporate signer.
e. Failure to follow the instructions in the Invitation To Bid is cause for rejection of your offer.
Submission and Receipt of Bids
a. Bids must be received before the specified time as designated in the ITB. A list of Bidders who submitted Bids
will be furnished, upon request, following opening of the Bids.
104
9 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
b. The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being
delivered by the specified time so that a Bid can be considered.
c. Email and Facsimile (FAX) Bids will not be considered, however, Bids may be modified by email and FAX notice,
provided such notices are received prior to the hour and date specified.
d. Late Bids will be rejected.
e. Bids having any erasures or corrections must be initialed by the offer or in ink. Bids shall be signed in ink. All
amounts shall be typewritten or completed in ink.
f. All Mandatory Bid Forms must be completed and attached to the Bid.
g. All costs of Bid preparation, inspection of the ITB documents, and presentation of the Bid shall be solely borne
by the Bidder. The CITY shall not be liable for any cost incurred by the Bidder during the preparation and
submission of its Bid in response to this ITB.
Selection of Bid(s)
Only the CITY Commission can select Bids, authorize the CITY Manager to engage in negotiations, and ultimately enter
into a contract.
After the initial Bid review, the CITY may require one or more of the top Bidders to attend a meeting to make an oral
presentation, answer questions, or clarify Bid conditions with the Bidder(s). This meeting will be exempt from the
requirements of the Sunshine Law in accordance with section 286.0113, Florida Statutes. Bidder(s) will be notified of
any further meeting requirements.
Acceptance of Offer
The signed Bid shall be considered an offer on the part of the Bidder; such offer shall be deemed accepted upon
issuance by the CITY of a Purchase Order, Blanket Purchase Order, or other contractual document.
The contract will be awarded to the most responsible and responsive Bidder whose Bid best meets the minimum
requirements, with the lowest proposed cost set forth in this ITB.
The CITY reserves the right to accept or reject any and all Bids or parts of Bids, waive minor informalities, and to
request clarification of information from any Bidder.
The CITY reserves the right to award the contract on a split-order, lump-sum, or individual-item basis, or such
combination as shall best serve the interest of the CITY unless otherwise specified.
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 Bidder that its Bid has been
accepted, the successful Bidder shall execute the Agreement. Simultaneously with the execution of the Agreement,
Bidder 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 CITY. The forms of the Bonds the
successful Bidder will be required to execute are included in the Bidding Documents. 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 CITY to
consider all rights arising out of the CITY's acceptance of the Bid as abandoned and the Bid Bond shall be forfeited. The
CITY shall be entitled to such other rights as may be granted by law.
105
10 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Discrepancies, Errors, and Omissions
Any discrepancies, errors, or ambiguities in the Invitation To Bid or Addenda (if any) should be reported in writing to the
CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the Invitation To
Bid and will become part of the Service Agreement (contract documents). The CITY will not be responsible for any oral
instructions, clarifications, or other communications.
Right to Reject Bids
The CITY reserves the right to reject any Bids that do not meet a completeness of at least 75%, as it relates to the
instructions set forth in this document. Right is reserved to reject any or all Bids and to disregard typographical,
mathematical, or obvious errors. The CITY will not pay costs incurred by any Bidder in the preparation of Bids.
Fiscal Non-Funding Clause
In the event sufficient budgeted funds are not available for a new fiscal period, the CITY shall notify the Bidder of such
occurrence and any contracts entered into between the CITY and Bidder shall terminate on the last day of the current
fiscal period without penalty or expense to the CITY.
Rights of the CITY
This ITB constitutes an invitation for submission of Bids to the CITY. This ITB does not obligate the CITY to procure or
contract for any of the scopes of services set forth in this ITB. The CITY reserves and holds at its sole discretion, various
rights and options under Florida law, including without limitation, the following:
• To prepare and issue Addenda to the ITB that may expand, restrict, or cancel any portion or all work described in
the ITB without obligation to commence a new procurement process or issue a modified or amended RFP.
• To receive questions from potential Bidders and to provide such answers in writing as it deems appropriate.
• To waive any informalities, technicalities or irregularities in the Bids submitted.
• To reject any and all Bid submissions.
• To change the date for receipt of Bids or any deadlines and dates specified in the ITB.
• To change the procurement and/or selection process prior to receipt of Bids.
• To conduct investigations with respect to the information provided by each Bidder and to request additional
information (either in writing or in presentations and interviews) to support such Bidder’s responses and
submittals.
• To visit facilities referenced in the Bidder’s submittal at any time or times during the procurement process.
• To seek clarification of Bids from the Bidders either in writing or in presentations and interviews
• To cancel the ITB: with or without the substitution of another ITB.
Conflict of Interest
Bidder acknowledges and certifies that this Bid does not violate any ethics provision found in Chapter 112, Florida
Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs.
The Bidder certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City
of Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly or
indirectly, in providing the goods or services specified in this proposal. Financial interest includes ownership of more
than five percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or
agent of the business submitting the proposal or of any subcontractor or supplier thereof providing goods or services in
excess of ten percent (10%) of the total proposal amount.
Additionally, the Bidder, on company letterhead, must divulge at the time of Bid submittal, any relative, other than
those already specified, of an elected /appointed official or employee of the City of Winter Springs who has a financial
interest, as defined herein, in providing the goods or services specified in the proposal. The CITY, at its sole discretion,
will determine whether a conflict exists and whether to accept or reject the proposal.
106
11 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may
not submit a Bid, Proposal or Quote on a contract to provide any goods or services to a public entity, may not submit a
Bid, Proposal or Quote on a contract with a public entity for the construction or repair of a public building or public
work, may not submit Bid, Proposal or Quote 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 Section 287.017, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.
Options
When the CITY requests Bids with options regarding the extent of services to be provided, the CITY requests all Bidders
to provide a cost breakdown for each option proposed. Although all options may be proposed, some options may not
ultimately be purchased. The CITY reserves the right to decide, at its discretion, which options shall be purchased.
The CITY reserves the right to engage more than one (1) Bidder if it is believed that different Bidders might best serve
the CITY's interests in performing different segments of the work (e.g., one Bidder to provide building estimates, and
another to provide infrastructure estimates).
Subcontracting
Where Bidders do not have the "in-house" capability to perform work desired in the Invitation To Bid, subcontracting
may be permitted only with prior knowledge and approval of the CITY. The CITY must be assured of and agree that any
proposed subcontractor(s) can perform work of the desired quality and in a timely manner. The name(s) of any intended
subcontractor(s) should be given in the Bid.
Default of Contract
In case of default by the Bidder, the CITY may procure the requested services from other sources and hold the Bidder
responsible for any excess costs occasioned or incurred thereby.
Modification for Changes
No agreement or understanding to modify this ITB and resultant purchase order or contract shall be binding upon the
CITY unless made in writing by the City of Winter Springs.
Order of Precedence
In the event of an inconsistency between provisions of the ITB, the inconsistency shall be resolved by giving precedence
in the following order: (a) Instructions to Bidders and General Provisions; and (b) the minimum requirements.
Examination of Records
The Bidder shall keep adequate records and supporting documentation applicable to the subject matter of this ITB to
include, but not be limited to: records of costs, time worked, working paper and/or accumulations of data, and criteria
or standards by which findings or data are measured. Said records and documentation shall be retained by the Bidder
for a minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is
initiated before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise
concerning this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such
records and documentation during the record retention period stated above; provided, however, such activity shall be
107
12 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
conducted only during normal business hours and shall be at CITY expense. Bidders shall be authorized to retain
microfilm copies in lieu of original records if they so desire.
Any subcontractor(s) employed by a Bidder who is subject to these requirements and the Bidder itself are required to so
notify any such subcontractor(s).
Bids Received
All Bids received in response to this ITB become the property of the CITY.
Contacting or Soliciting from City Staff
The Bidder, including its agents and associates, shall refrain from contacting or soliciting any staff member or official of
the CITY regarding this ITB upon the release of the ITB through the time of notification of award. Failure to comply with
the provision may result in disqualification of the Bidder.
Qualifications of Bidder
A Bidder may be required, before the award of any contract, to show to the complete satisfaction of the CITY that they
have the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner
within the time specified.
Disqualification of Bidder
Any or all Bids will be rejected if there is any reason for believing that collusion exists among the Bidders, and
participants in such collusion will not be considered in future proposals for the same work.
Lobbying/Cone of Silence
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.
Bidders, 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 Invitation To Bid during the
Lobbying/Cone of Silence Black-out period.
Licenses and Permits
The Bidder shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as
required by the United States, the State of Florida, or by the City of Winter Springs. The Bidder must fully comply with all
Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance
of the work.
108
13 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Provisions for Other Agencies
Unless otherwise stipulated by the Bidder, the Bidder agrees to make available to the Government agencies,
departments, and municipalities the prices submitted in accordance with said terms and conditions therein, should any
said governmental entity desire to buy under the Bid.
Applicable Law and Venue
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida
without regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits
itself to the exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth
Judicial Circuit Court in and for Seminole County, Florida for any state court action arising out of this Agreement, and
exclusively in the United States District Court for the Middle District of Florida, Orlando Division, for any federal court
action arising out of this Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a
defense or otherwise, in any suit, action or other proceeding, (i) any claim that it is not personally subject to the
jurisdiction of the above-named courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding
by any party hereto is brought in an inconvenient form or that venue of such suit, action, or proceeding is improper or
that this Agreement or the subject matter hereof may not be enforced in or by such courts.
Proposal Disclosure; Public Records Responsibilities
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 Bidder
believes any of the information contained in its response is exempt from the Public Records Law, including trade secrets
as defined by Florida law, the Bidder 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.
Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Bidder on behalf of the CITY, Bidder shall: (a)
keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required
by the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY’s custodian of public
records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be inspected or
copied within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as
otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public
Records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this
Agreement and following completion or termination of this Agreement, if Bidder does not transfer the records to the
CITY in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its sole
and absolute discretion, requests that all Public Records in possession of Proposer be transferred to the CITY, Bidder
shall transfer, at no cost, to the CITY, all Public Records in possession of Bidder within thirty (30) days of such request or
(ii) if no such request is made by the CITY, Bidder shall keep and maintain the Public Records required by the CITY to
perform the work contemplated by this Agreement. If Bidder transfers all Public Records to the City pursuant to (d)(i)
above Bidder shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records
disclosure requirements within thirty (30) days of transferring the Public Records to the CITY and provide the CITY with
written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If
Bidder keeps and maintains Public Records pursuant to (d)(ii) above, Bidder shall meet all applicable requirements for
retaining Public Records. All Public Records stored electronically must be provided to the CITY, upon request from the
CITY’s custodian of public records, in a format that is compatible with the information technology of the CITY. If Bidder
does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable
amount of time, the CITY may pursue any and all remedies available in law or equity including, but not limited to,
specific performance. The provisions of this section only apply to those tasks in which Bidder is acting on behalf of the
CITY.
109
14 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org
Attorney Fees
In the event of legal action or other proceeding arising under this ITB, the prevailing party shall be entitled to recover
from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution
or defense of such action, or in any post-judgment or collection proceedings and whether incurred before suit, at the
trial level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be
entitled to recover any reasonable attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees
and costs, as well as in determining the amount of attorneys’ fees and costs due to the prevailing party. The
reasonable costs to which the prevailing party will be entitled include costs that are taxable under any applicable
statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and
delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court
reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statue, rule or
guideline.
E-Verify
Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any CITY contractors shall register with and use
the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work
authorization status of all employees hired on and after January 1, 2021. Bidders must provide evidence of compliance
with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Bidder stating all employees hired
on and after January 1, 2021 have had their work authorization status verified through the E-Verify system and a copy of
their proof of registration in the E-Verify system. Failure to comply with this provision will be a material breach of the
contract, and shall result in the immediate termination of a contract without penalty to the CITY. The Bidder shall be
liable for all costs incurred by the CITY securing a replacement contract, including but not limited to, any increased costs
for the same services, any costs due to delay, and rebidding costs, if applicable. If the Bidder utilizes Subcontractors the
following shall apply:
Bidder shall also require all subcontractors performing work under the Agreement to use the E-Verify system for any
employees they may hire during the term of the Agreement.
Bidder shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. Contractor shall provide a copy
of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement.
Additional Information
Additional information may be obtained from the Procurement Manager, (407) 327-7581, e-mail
smaclean@winterspringsfl.org, or from any other CITY employee or agent listed on the ITB cover letter.
Bids received in response to this Invitation to Bid are exempt from disclosure under the Public Records Law until such
time as an award decision has been made known or until thirty days after the Bid opening, whichever occurs earlier.
Each Bidder shall clearly mark each page of its Bid that contains trade secrets or other information which the Bidder
believes is exempt from disclosure pursuant to Article I, Section 24 of the Florida Constitution and Chapters 119 and
286, Florida Statutes (commonly referred to as the “Sunshine Laws”). Disclosure of information marked according to
the requirements of this section in response to a public records request will be determined by the CITY in its sole and
absolute discretion and in accordance with the Florida laws, rules, and regulations. If there is no information marked as
exempt by the Bidder, the CITY will assume that the Bidder does not claim that any portion of its Bid is exempt from
disclosure under the Sunshine Laws.
110
15 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Modification and Withdraw
Bids may not be modified after submittal.
Bids may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be
received by the CITY’s Procurement Manager before the time and date stated or as amended for the Bid Opening.
Properly withdrawn Bids will be returned unopened to the person or Bidder submitting the Bid.
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.
If a Contract is not awarded within 90 calendar days after opening of Bids, a Bidder may file a written request with the
CITY’s Procurement Manager for the withdrawal of his Bid.
Prohibition on Gifts to City Employees and Officials
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics
Ordinance, and City Administrative Policy.
Violation of this provision may result in one or more of the following consequences:
a. Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a
specified period of time;
b. Prohibition by the individual and/or firm from doing business with the CITY for a specified period of
time, including but not limited to: submitting Bids/proposals, RFP, and/or quotes; and,
c. Immediate termination of any contract held by the individual and/or firm for cause.
Discrimination
A Bidder 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.
Federal Requirements
This contract may be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and
related administrative practices shall apply to any contract negotiated with a selected firm as required by federal law.
The most recent of such requirements, including any amendments made such as the submission of the Bids, shall apply,
unless federal government determines otherwise.
The federal government requirements contained in the most recent version of the Uniform Administrative
Requirements for federal awards (Uniform Rules) codified at 2.C.F.R, Part 200, including any certifications and
contractual provisions required by any federal statutes or regulations referenced therein to be included in this contract
are deemed incorporated herein by reference and shall be incorporated into any sub-agreement or subcontract
executed by the Bidder pursuant to its obligations under federal law.
111
16 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
PART III - SPECIFIC BID REQUIREMENTS
For
ITB # 08-23-03 BI
WTP 3 No 3 Electrical Improvements
To assure consistency, proposals must conform to the following format:
A. Bidder Information and Acknowledgement Form
B. Table of Contents
C. Introduction Letter
D. Qualifications
E. Other Information
F. Cost & Time
G. Mandatory Bid Forms
H. Florida State Corporate Filing
Section A – Bidder Information and Acknowledgement Form
1. Use the form provided in the Mandatory Bid Forms titled “BIDDER INFORMATION AND ACKNOWLEDGEMENT
FORM.” (See Proposal Form 1)
Section B – Table of Contents
1. Identify Bid material by section and page number.
Section C – Introduction Letter
1. Summarize the key points of the Bid including an understanding of the scope of work. Must be signed by an
authorized official of the firm.
Section D – Qualifications
1. General – Provide general information about the firm, including size, office location(s), and structure of your
firm. Identify and explain any significant changes in organizational structure, ownership, or management both
firm-wide and within Fixed Income/ Public Finance during the past five (5) years.
2. Bidder Experience – Describe the Bidder’s experience with providing ighting installation services. Focus on the
Bidder’s experience with outdoor athletic facilities such as Pickleball, basketball and/or tennis courts.
3. Team Experience – Identify key members of firm’s team that will service the CITY. Identify the primary day-to-
day contact for the engagement and their experience. Identify the proposed project manager. Provide brief
resumes for key team members that will service the CITY as an Appendix.
4. Florida Knowledge – Describe any political, economic, legal, or other issues impacting Florida municipalities,
specifically those impacting the City of Winter Springs, which may be relevant to the Proposal.
5. References – Use the form provided in the Mandatory Proposal Forms titled “REFERENCE INFORMATION FORM”
6. Conclusion – Briefly summarize why Bidder should be selected, including Bidder Firm is pursuing the City of
Winter Springs’ business. In short, summarize what makes the Bidder different and why the CITY should select
your Bid above all others.
112
17 ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Section E - Other Information
This section should address any other information necessary for a full understanding of Bidder’s services. Please provide
detailed information on any relevent additional services offered by Bidder.
Section F – Cost and Time
This section must clearly state the cost and estimated completion time associated with the project. Use Appendix A: Bid
Tabulation Worksheet.
Section G – Mandatory Bid Forms
Fill out the forms provided; Bidder Information and Acknowledgement Form, Reference Information Form, Insurance
Requirements Form, Scrutinized Company Certification, Non-Collusion Affidavit of Prime Bidder, Drug Free Workplace
Form, Public Entity Crimes Statement, Debarment, Suspension etc. Certification, E-Verify Statement, Conflict of Interest
Statement, SMWBE Utilization Plan and Byrd Anti-Lobbying Act Certification.
Section H – Florida State Corporate Filing
All Bids must be signed with the Bidder name and by an officer or employee having authority to bind the Bidder by
his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of
corporate signer must be included with the submittal with the Bid. Use Sunbiz website screen shot or include a copy of
Corporate Resolution or a Power of Attorney.
113
ITB # 08-23-03 BI MANDATORY FORM
MANDATORY BID FORMS
Proposal Form 1 - Bidder Information and Acknowledgement Form
Proposal Form 2 - Reference Information Form
Proposal Form 3 - Insurance Requirements Form
Proposal Form 4 - Scrutinized Company Certification
Proposal Form 5 – Non-Collusion Affidavit of Prime Bidder
Proposal Form 6 - Drug Free Workplace Form
Proposal Form 7 - Public Entity Crimes Statement
Proposal Form 8 - Debarment, Suspension etc. Certification
Proposal Form 9 - E-Verify Statement
Proposal Form 10 - Conflict of Interest Statement
Proposal Form 11 - SMWBE Utilization Plan
Proposal Form 12- Florida Trench Safety Act Certification
Proposal Form 13 - Byrd Anti-Lobbying Act Certification
Appendix A - Bid Form
Mandatory forms must be submitted with the proposal.
Failure to submit forms will disqualify the Bidder from the ITB
Appendix B-1 WTP 3 Electrical Improvements Specifications
Appendix B-2 WTP 3 Electrical Improvements Plan Set
Appendix C Construction Agreement Template
Appendix D Bid Bond Form
Appendix E Performance Bond Form
Appendix F Labor and Material Payments Bond Form
Appendix G Notice of Award
Appendix H Notice to Proceed
Appendix I Contractor’s Release of Lien
** These appendices do not need to be returned as a Mandatory Form**
114
ITB # 08-23-03 BI MANDATORY FORM
BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM
ITB # 08-23-03 BI
WTP No 3 Electrical Improvements
The undersigned Bidder does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance
with the minimum requirements shown by the Invitation To Bid to be delivered to the specified site for the price indicated.
IT IS THE BIDDER’S RESPONSIBILITY TO CHECK www.demandstar.com
FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL
THIS BID MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION OF
CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Bid. If not submitted, Bidder will be
considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney.
PROPOSER NAME:
TAX ID# SNN or EIN:
PROPOSER ADDRESS:
PURCHASE ORDER ADDRESS:
PHONE NUMBER:
COMPANY WEBSITE:
COMPANY CONTACT (REP):
CONTACT EMAIL ADDRESS:
SIGNATURE:
THE UNDERSIGNED:
A. Acknowledges receipt of:
1. ITB # 08-23-03 BI Pertaining To: WTP No 3 Electrical Improvements
Addenda Number ________, Dated ____________.
Addenda Number _________, Dated ____________.
B. Has examined the site and all ITB Documents and understands that in submitting its Bid, they waive 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 Bid at the prices quoted in my responsive proposal and in
compliance with the ITB Documents.
3. To accept the provisions of the Instructions to Bidders.
4. To negotiate a contract with the CITY incorporating the Bid prices, if selected on the basis of this Bid.
5. To accomplish the work in accordance with the contract documents.
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 Bidder and that the Bidder is ready, willing, and able
to perform if awarded the Bid.
Stipulated Amount
A. Submit on Cost Proposal Worksheet, Appendix A.
115
ITB # 08-23-03 BI MANDATORY FORM
REFERENCE INFORMATION FORM
ITB # 08-23-03 BI Name: WTP No 3 Electrical Improvements
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:
( )
Project Cost:
Date Performed:
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:
( )
Project Cost:
Date Performed:
Organization:
Contact Person:
Address:
City:
State: Zip:
Phone Number:
( )
Project Cost:
Date Performed:
Bidder Representative
Typed Name/Title:
Bidder Representative Signature:
Bidder:
116
ITB # 08-23-03 BI MANDATORY FORM
INSURANCE REQUIREMENT FORM
Insurance Type Required Limits
Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits
Employer’s Liability $1,000,000 each accident, single limit per occurrence
Commercial General
Liability
(Occurrence Form)
patterned after the
current ISO form
$1,000,000 single limit per occurrence
$3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products & Completed
Operations & Contractual Liability.
Indemnification
To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall
indemnify and hold harmless City of Winter Springs, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees
and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of the City of
Winter Springs.
Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired;
Automobile Included.
Other
Bidder shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The same
Bidder shall provide the CITY with certificates of insurance meeting the required insurance provisions.
The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General
Liability where required.
The Certificate Holder shall be named as City of Winter Springs.
Thirty (30) days cancellation notice required.
The undersigned Bidder agrees to obtain, prior to award, if selected, insurance as stated above.
Bidder
Authorized Signature
Officer Title
Date
117
ITB # 08-23-03 BI MANDATORY FORM
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
Bidder 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:
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
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 Bidder 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:
a. The Bidder 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;
b. Been placed on the Scrutinized Companies that Boycott Israel List or
c. Is engaged in a boycott of Israel; or
d. Been engaged in business operations in Cuba or Syria.
The CITY shall provide notice, in writing, to the Bidder of any determination concerning a false certification.
a. The Bidder shall have five (5) days from receipt of notice to refute the false certification allegation.
b. If such false certification is discovered during the active contract term, the Bidder 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.
c. If the Bidder 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.
118
ITB # 08-23-03 BI MANDATORY FORM
THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR BID RESPONSE. FAILURE TO SUBMIT THIS FORM
AS INSTRUCTED SHALL RENDER YOUR BID SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and
b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel; and
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 Bidder)
STATE OF ____________________________________
COUNTY OF __________________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online notarization,
this ______ day of __________, 2023 by _____________________ the _________________ of __________________________,
a ________________________ (____) who is personally known to me or (_____) who produced
______________________________________ as identification.
___________________________________________________________
Notary Public
Print Name: _______________________________
My Commission Expires: _________________________
119
ITB# 08-23-03 BI MANDATORY FORM
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF
COUNTY OF
____________________________________, being duly sworn, deposes and says that:
(1) He/she is ___________________________ of ___________________________________
Title Firm/Company
The Bidder that has submitted the attached response.
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances
respecting such Bid.
(3) Such Bid is genuine and is not a collusive or sham Bid.
(4) Neither the said Bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest
including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Bidder, firm or
person, to submit a collusive or sham Bid in connection with the Agreement for which the attached Bid has been submitted or
to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement
or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid
or of any other Bidder, or to fix any overhead, profit or cost element of the proposed price or the proposed price of any other
Bidder, or to secure through any collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of
Winter Springs, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or
unlawful Agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties of interest,
including affiant.
(Signed) (Title)
STATE OF _______________________________
COUNTY OF _______________________________
The foregoing instrument was acknowledged before me this ____________________by _____________________________,
who is (___) personally known to me or (___) who has produced _______________________________ as identification and
who (did / did not) take an oath.
___________________________________ (Signature of Notary Public)
___________________________________ (Name of Notary Typed, Printed or Stamped)
___________________________________ (Commission Number)
120
ITB # 08-23-03 BI MANDATORY FORM
DRUG FREE WORKPLACE FORM
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
___________________________________________________________________ does:
(Name of Bidder)
1. 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.
2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of 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.
3. Give each employee engaged in providing the commodities or contractual services that are under contract a
copy of the Drug-Free statement.
4. Notify the employees that as a condition of working on the commodities or contractual services that are under
contract, employee will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere 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.
5. 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.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
7. As the person authorized to sign the statement, I certify that this business complies fully with the above
requirements.
(Authorized Signature) (Date)
(Print/Type Name as Signed Above
121
ITB # 08-23-03 BI MANDATORY FORM
PUBLIC ENTITY CRIMES STATEMENT
SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
ADMINISTER OATHS.
1. This sworn statement is submitted with Bid for ITB # 08-23-03 BI WTP No 3 Electrical Improvements.
2. This sworn statement is submitted by (Bidder) ______________________________ whose business address is
_________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is
__________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social
Security Number: ___________.
3. My name is ____________________ and my relationship to the Bidder named above is
___________________________.
4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any
state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an
agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for
goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States
and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt
or a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating
to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of
guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership
by one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of
equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that one
person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the preceding 36
months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of
goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn
statement. (Please indicate which statement applies)
____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees,
members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of
a public entity crime subsequent to July 1, 1989.
____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)
____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer
of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in
public interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.)
____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with,
the Department of General Services.)
_______________________________________________________
Signature Date:
122
ITB # 08-23-03 BI MANDATORY FORM
PUBLIC ENTITY CRIMES STATEMENT cont.
STATE OF ________________________________
COUNTY OF ______________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 20____, and is personally known to me, or
has provided ______________________ as identification.
___________________________________My Commission expires: ________________
Notary Public
123
ITB # 08-23-03 BI MANDATORY FORM
DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS
Certification A - 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 Bid, 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
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.
124
ITB # 08-23-03 BI MANDATORY FORM
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 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 - 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.
125
ITB # 08-23-03 BI MANDATORY FORM
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.
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.
126
ITB # 08-23-03 BI MANDATORY FORM
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.
Bidder: Date:
Signature of Authorized Certifying Official: Title:
127
ITB # 08-23-03 BI MANDATORY FORM
E-VERIFY STATEMENT
Bid Number: ITB #08-23-03 BI
Project Description: WTP No 3 Electrical Improvements
I/FIRM acknowledges and agrees to the following:
I/FIRM shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance
with the terms governing use of the system, to confirm the employment eligibility of:
1. All persons employed by the Bidder during the term of the Contract to perform
employment duties within Florida; and
1. All persons assigned by the Bidder to perform work pursuant to the contract with the
CITY.
Bidder: _____________________________________________________________________
Authorized Signature: __________________________________________________________
Title: ________________________________________________________________________
Date: _______________________________________________________________________
128
ITB # 08-23-03 BI MANDATORY FORM
CONFLICT OF INTEREST STATEMENT
This sworn statement is submitted with Bid for ITB # 08-23-03 BI WTP No 3 Electrical Improvements
This sworn statement is submitted by (Bidder) ________________________ whose business address is
_____________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is
_____________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social
Security Number: ____________.)
My name is ________________________ and my relationship to the Bidder named above is__________________.
1. The above-named Bidder is submitting a Bid for the City of Winter Springs.
2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her
own knowledge.
3. The Affiant states that only one submittal for the above Bid is being submitted and that the above-named
Bidder has no financial interest in other entities submitting Bids for the same project.
4. Neither the Affiant nor the above- named Bidder 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 Bidder’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.
5. Neither the Bidder 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.
6. Neither the Bidder 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.
7. I certify that no member of the Bidder’s ownership or management is presently applying for an employee
position or actively seeking an elected position with the City of Winter Springs.
8. I certify that no member of the Bidder’s ownership or management, or staff has a vested interest in any aspect
of the City of Winter Springs.
9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named
Bidder, will immediately notify the City of Winter Springs.
________________________________________________________
Signature Date:
STATE OF _______________________________
COUNTY OF _____________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 20___, and is personally known to me, or
has provided ______________________ as identification.
___________________________________ My Commission expires: ____________________
Notary Signature
129
ITB # 08-23-03 BI MANDATORY FORM
SMWBE UTILIZATION PLAN
Small, Minority, and Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization
Company Name (Bidder): ________________________________________________________
Project Name : WTP No 3 Electrical Improvements Project ITB # 08-23-03 BI
2 CFR §200.321 requires local governments to take all necessary affirmative steps to assure that minority
business, women’s business enterprises, and labor surplus area firms are used when possible. The CITY
requires that Bidders (Prime Contractors), if subcontracts are to be let, to take the five affirmative steps as
cited below. Please describe your firm’s plan for identifying and potential use of SMWBE and Labor Surplus
Area Firms. Additional pages may be attached, as necessary.
• Placing qualified small and minority business and women’s business enterprises on solicitation
lists.
• Assuring that small and minority businesses, and women’s business enterprises are solicited
whenever they are potential sources.
• Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority business and women’s business
enterprises.
• Establishing delivery schedules where the requirement permits, which encourage participation
by small and minority businesses, and women’s business enterprises and veteran owned
businesses.
• Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration or the Florida Office of Supplier Diversity
https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd
130
ITB # 08-23-03 BI MANDATORY FORM
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
Measure Description
Unit of
Measure
Unit Unit Cost Extended Cost
A
B
C
D
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 CITY 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 Bidder
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.
131
ITB # 08-23-03 BI MANDATORY FORM
BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. §1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee 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 (as amended). 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. See below – Certification Regarding Lobbying.
Byrd Anti-Lobbying Certification
Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, 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-LL, “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
section 1352, title 31, U.S. Code. 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.
Byrd Anti-Lobbying Amendment, 31 U.S.C. §1352 (as amended)
The Bidder, _____________________________, 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. Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if
any.
Signature of Bidder’s Authorized Official
Name and Title of Bidder’s Authorized Official
Date
132
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
BID FORM
1. The undersigned Bidder does hereby declare that he has carefully examined the Invitation to Bid, the
Instructions to Bidders, Project Manual and Construction Plans, and project addenda relating to the above
entitled matter and the work, and has also examined the site.
2. The undersigned Bidder hereby declares that he has based his proposal on the conditions as they exist
on site and has noted all items of work required of the project that is not illustrated on the plans.
3. The undersigned does hereby offer and agree to furnish all materials, to fully and faithfully construct,
perform and execute all work in the above titled matter in accordance with the Plans, Drawings and
Specifications relating thereto.
4. The undersigned does hereby declare that the prices so stated cover all expenses of every kind
incidental to the completion of said work, and the contract therefore, including all claims that may arise
through damages or any other causes whatsoever.
5. The undersigned does hereby declare that he shall make no claim on account of minor variation of the
approximate estimate in the QUANTITIES or work to be done, nor on account of any misunderstanding or
misconception of the nature of the work to be done or the grounds or place where it is to be done.
6. The undersigned does also declare and agree that he will commence the work within ten (10) days
after notification by the ENGINEER to do so and will complete the work fully and in every respect on or before
the time specified in said contract.
7. The undersigned further agrees that the UNIT PRICES submitted on the Bid Form shall govern all errors
in extension or addition and shall void the total base bid submitted on the attached sheet. The corrected
extension and addition of all items shall be considered to be the correct base bid for comparison purposes.
8. The undersigned further agrees that the UNIT PRICES submitted on the Bid Form will expire if a
contract is not executed within ninety (90) days from the date of bid deadline, and that the Contractor will be
fully released from any obligations of this Bid Form.
9. The undersigned agrees that this bid is based on substantially completing the project within one
hundred twenty (120) calendar days and final completion within one hundred fifty (150) calendar days from
the date of Notice to Proceed. The Contractor further agrees to pay, as liquidated damages, the sum of five
hundred ($500) dollars for each consecutive calendar day thereafter.
10. The Bidder acknowledges having received the following project addenda:
No. _____, Date: _________ No. _____, Date: _________
No. _____, Date: _________ No. _____, Date: _________
No. _____, Date: _________ No. _____, Date: _________
11. By submission of this Bid, Bidder certifies, and in the case of a joint bid each party thereto
certifies as to its own organization, that this bid has been arrived at independently, without
consultation, communication or agreement as to any matter relating to this bid with any other bidder
or with any competitor.
133
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
BID FORM
WINTER SPRINGS WTP No 3 ELECTRICAL IMPROVEMENTS
ITEM # DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
GENERAL
1 Mobilization/General Conditions LS 1
2 Project Closeout/As Built Drawings LS 1
SITE WORK
3 Landscaping LS 1
DEMOLITION
4 Demolition LS 1
CONCRETE
5 Pump Building Restoration LS 1
ELECTRICAL
6 Electrical LS 1
7 VFD LS 1
8 Handling, Installation and start-up of ODP Equipment LS 1
CONSTRUCTION GRAND TOTAL $
134
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Lump Sum Grand Total amounts are to be shown in both words and figures. In case of
discrepancies, the amount in words will govern.
LUMP SUM GRAND TOTAL: $ _______________________________________________________________
WORDS: ________________________________________________________________________________
THIS PROPOSAL DATED THIS _____ day of__________________ , 2023
ATTEST:
Witness: ____________________________ By: ____________________________________
Signature Authorized Signature (Principal)
____________________________________
_____________________________ Printed Name, Title
Printed Name
____________________________________
Company Name
Address:__________________________________
__________________________________
__________________________________
__________________________________
Employee I.D. No.
__________________________________
Florida State Certified General
Contractor’s License Number
Telephone Number: _________________________
e
135
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix B-1 WTP No 3 ELECTRICAL IMPROVEMENTS SPECIFICATIONS
136
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix B-2 WTP No 3 ELECTRICAL IMPROVEMENTS PLAN SET
137
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix C – CONSTRUCTION AGREEMENT TEMPLATE
CITY OF WINTER SPRINGS
[INSERT PROJECT]
CONSTRUCTION AGREEMENT
THIS AGREEMENT is made this ____ day of ____________, 20__ by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation (herein referred to as OWNER) and ______________________________________, a
________________________ authorized and duly licensed to do business in the State of Florida (herein referred to as
CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents for the
construction of _____________________________ (“the Project”).
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum(s) to the
Agreement; the Construction Drawings for City of Winter Springs ___________________, dated __________________; Final Bid
Set Specifications dated _____________________; ITB Documents issued by the City, dated ______________, including
Addenda, if any; 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; and [INSERT ANY OTHER
SPECIFIC DOCUMENTS]. These Contract Documents are hereby incorporated into this Contract by this reference. The
CONTRACTOR represents and agrees that it has carefully examined and understands this Agreement and the other Contract
Documents, has investigated the nature, locality and site of the Work and the conditions and difficulties under which it is to be
performed and that it enters into this Agreement on the basis of its own examination, investigation and evaluation of all such
matters and not in reliance upon any opinions or representations of the OWNER, or of any of their respective officers, agents,
servants, or employees. The Contract Documents are complementary, and what is called for by any one shall be as binding as if
called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, transportation, taxes, fees
and incidentals necessary for the proper and complete execution of the Work for each Project. Materials or Work described in
words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. Any
discrepancies or omissions found in the Contract Documents shall be reported to the City’s Project Manager immediately. The
City’s Project Manager will clarify discrepancies or omissions, in writing, within a reasonable time.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the
OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order:
a. Change Orders
b. Agreement, Exhibits and Addenda
c. Supplemental Terms and Conditions
d. General Terms and Conditions
e. Engineering Plans and Drawings
f. ITB for _________________ issued by the City of Winter Springs dated _______________,
including any subsequently issued Addenda
g. Contractor’s Bid Submittal
h. [OTHER]
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
138
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Contract Documents and the CONTRACTOR hereby agrees to abide by the OWNER’s interpretation and agrees to carry
out the work in accordance with the decision of the OWNER.
5. BRAND NAME MATERIALS - Whenever Materials or Equipment are specified or described in the Drawings or
Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is
intended to establish the type, function and quality required. The CONTRACTOR will be responsible for all coordination
necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER.
Unless the name is followed by words indicating that no substitution is permitted, a substitute material, article, or
equipment is allowed if it is reasonably equivalent to the brand name specified and CONTRACTOR certifies in writing that
the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal
substance to that specified and be suited to the same use and capable of performing the same function as that specified.
. The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the
OWNER in writing prior to use of the substitute for a specified brand name and allow the OWNER to make a
determination before CONTRACTOR uses the substitute.
6. CONTRACT TIME -
a. All provisions regarding Contract Time are essential to the performance of this Contract.
b. The Work shall be substantially completed within __________________ (_____) calendar days after the date
when the Contract Time begins to run. The Work shall be finally completed, ready for Final Payment within
_______________ (____) calendar days after the actual date of Substantial Completion.
The date of Substantial Completion of the Work is the date certified in writing by the OWNER when (1)
construction is sufficiently complete, in accordance with the contract documents, so the OWNER can occupy or
utilize the work for its intended purpose, as expressed by the contract documents, and (2) any additional project-
specific requirements or milestones for “Substantial Completion” identified in the general, special, or technical
conditions or construction plans have been satisfied.
c. The parties acknowledge that the Contract Time provided in this Section includes consideration of adverse weather
conditions common to Central Florida including the possibility of hurricanes and tropical storms.
d. 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 $_______ for each calendar day that expires after the time specified in Paragraph 6 for substantial completion
until the work is substantially complete and $_______ for each calendar 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 ($10.00) Dollars as consideration for this provision. The liquidated damages provided in this Section
are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work.
This provision binds Contractor’s performance bond surety.
139
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance
of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order,
the Total Contract Price of ________________________________ ($______________). 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 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 and
continuously pursues such actions as are necessary therefore; or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR
becomes insolvent, or is unable or unwilling to pay its debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work
hereunder; or
d. CONTRACTOR has committed any act of fraud upon the OWNER; or
140
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations
under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon
performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this
Agreement.
In the event of an uncured default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the
OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of
such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for Work properly performed prior to the effective date of termination, which may be a
set-off to OWNER’s damages.
10. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations hereunder shall be
excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except
involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants,
their equipment, or facilities; court injunction or order; federal and/or state law or regulation; or order by any regulatory
agency; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto
shall be diligent in attempting to remove such cause or causes.
11. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void,
or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts of this Agreement
shall otherwise be fully enforceable.
12. PROGRESS PAYMENTS; DUE DATE FOR PROGRESS PAYMENTS; SUBMITTAL OF PAYMENT 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;
b. CONTRACTOR does not provide consent of surety with each payment application;
c. Another contractor is damaged by an act for which CONTRACTOR is responsible; or
d. In the opinion of the OWNER that CONTRACTOR's work is not progressing satisfactorily.
OWNER herein (____) designates or (____) does not designate an agent, i.e., an architect or engineer, that must approve
any payment request or invoice before the payment request or invoice is submitted to OWNER for payment. If an agent
must approve the payment request or invoice before the payment request or invoice is submitted to OWNER, payment
is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in
s. 218.74(1), Florida Statutes, except to the extent that the payment request or invoice does not meet contract
requirements. The CONTRACTOR may send OWNER an overdue notice. If the payment request or invoice is not rejected
within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted,
except for any portion of the payment request or invoice that is inaccurate or misleading. If an agent need not approve
the payment request or invoice submitted by CONTRACTOR, payment is due 20 business days after the date on which
the payment request or invoice is stamped as received as provided in s. 218.74(1), Florida Statutes, except to the extent
that the payment request or invoice does not meet contract requirements. If OWNER disputes a portion of a payment
request or an invoice, the undisputed portion shall be timely paid. OWNER shall reject payment requests or invoices in
accordance with the procedure established in s. 218.735, Florida Statutes.
141
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
OWNER hereby identifies the __________________ [INSERT INDIVIDUAL AGENT OR CITY DEPARTMENT] as the agent
or office to which the CONTRACTOR must submit payment requests or invoices to OWNER.
The OWNER further hereby identifies ______________________________, Attn: _____________, as the agent that
must approve payment requests prior to their submission to OWNER.
13. FINAL PAYMENT; CHANGE ORDERS - OWNER shall withhold up to 5% of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act (“Act”). The retainage amount withheld may be released with the
Final Payment after the issuance of the Final Completion Certificate. Consent of surety is required for final payment. OWNER shall
make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has
been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered
to OWNER all close-out documentation. By making payments OWNER does not waive claims including but not limited to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents:
c. Failure of Contractor to comply with any special guarantees required by the Contract Documents.
Progress payments may be withheld if Work is found defective and not remedied; CONTRACTOR does not provide consent
of surety with each progress application; a subcontractor is damaged by an act for which CONTRACTOR is responsible; or
in the opinion of the OWNER, CONTRACTOR’S work is not progressing satisfactorily. Further, OWNER may withhold
additional payment in anticipation of liquidated damages equal to the product of the number of Days after the scheduled
Contract Time (Substantial Completion or Final Completion) and the amount of liquidated damages set forth in this
Contract if CONTRACTOR is behind schedule and it is anticipated by OWNER that the Work will not be completed within
the Contract Time. The additional retainage, under this subsection, may at the OWNER'S discretion be withheld from
subsequent Progress Payments.
The City, by written change order and without invalidating the Agreement, may order extra Work or make changes by
altering, adding to, or deducting from the Work, the contract sum being adjusted accordingly. Additional time required
for any change in Work must be included with the requested Change Order.
In giving instructions, the City’s Project Manager will have authority to make minor changes in the Work, not involving
extra cost or time, and not inconsistent with the purpose of the Work, but otherwise, except in an emergency endangering
life or property, no extra work or change will be made unless it goes through the City’s written Change Order process and
is approved by the City, and no claim for an addition to the contract sum or time will be valid unless so ordered in writing.
The value of any such extra Work or change will be determined in one or more of the following ways:
a. By mutual acceptance of a lump sum.
b. By unit prices named in the contract or subsequently agreed upon.
c. By cost and percentage or by cost and a fixed fee.
If none of the above methods is agreed upon, the CONTRACTOR, provided it receives an order as above, shall proceed
with the work. In such case and also under case (3) above, the CONTRACTOR shall keep and present in such form as the
City’s Project Manager may direct, a correct account of the actual cost of labor and materials, substantiated by back-up
documentation. In any case, the City’s Project Manager will certify to the amount, including reasonable allowances for
overhead and profit, due to the CONTRACTOR. Pending final determination of value, payments on account of changes
will be made on the City’s Project Manager’s estimate. Furthermore, if the CONTRACTOR claims that any instructions by
drawings or otherwise involve extra cost under the Contract Documents, it shall give the City written notice thereof within
ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in
emergency endangering life or property, and the procedure shall then be as provided above under this section. Claims
will not be processed unless filed in writing before any work has commenced. In addition, if the City’s Project Manager
deems it appropriate the City may accept defective or incomplete work, and an equitable deduction from the Contract
142
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Price will be made therefor by Change Order.
14. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY - The
duties and authority of the OWNER are as follows:
a. General Administration of Contract. The primary function of the OWNER is to provide the general
administration of the contract. In performance of these duties, the City Manager or their authorized representative
is the OWNER’s Project Manager during the entire period of construction. The OWNER (CITY) may change the Project
Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The OWNER shall be kept familiar with the progress and quality
of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for
the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's
failure to perform the work in accordance with the Contract Documents.
c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during
work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on-site
inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not
waive Owner's claim regarding defective work by Contractor. No inspector is authorized to change any provision of
the specifications without written authorization of the City’s Project Manager, nor shall the presence or absence of
an inspector relieve the CONTRACTOR from any requirements of the Contract Documents.
If the specifications, the City’s instructions, laws, ordinances, or any public authority, require any work to be specially
tested or approved, the CONTRACTOR shall give the City timely notice of its readiness for inspection, and of the date
fixed for such inspection. Inspections by the City’s Project Manager will be promptly made.
If upon inspection such work is found not in accordance with the Contract Documents, the CONTRACTOR shall pay
such cost, including compensation for professional services, and an appropriate deductive Change Order shall be
issued.
d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the
contract document requirements, and make decisions on claims and disputes between Contractor and Owner.
e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not
conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary.
f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses,
based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for
progress payments and final payments in accordance with the terms of the Contract Documents.
g. City Reviews and Status. The City’s review, inspection, or approval of any Work, applications for payment, or
other submittals shall be solely for the purpose of determining whether the same are generally consistent with the
City’s scope and requirements for the project. No review, inspection, or approval by the City of such Work or
documents shall relieve the CONTRACTOR of its responsibility for the performance of its obligations under the
Contract Documents or the accuracy, adequacy, fitness, suitability, or coordination of the Work. Approval by any
governmental or other regulatory agency or other governing body of any Work, design document, or construction
document shall not relieve CONTRACTOR of responsibility for the performance of its obligations under the Contract
Documents. Payment by the City pursuant to the Contract Documents shall not constitute a waiver of any of the
City’s rights under the Contract Documents or at law, and CONTRACTOR expressly accepts the risk that defects in its
performance, if any, may not be discovered until after payment, including final payment, is made by the City.
Notwithstanding the foregoing, prompt written notice shall be given by the City or City Project Manager to the
CONTRACTOR if the City becomes aware of any fault or defect in the Projects or non-conformance with the Contract
Documents. Furthermore, the City shall not have control or charge of construction means, methods, techniques,
143
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
sequences, or procedures, or for safety precautions and programs in connection with the Work, nor shall the
CONTRACTOR, for any of the foregoing purposes, be deemed the agent of the City.
15. PROGRESS MEETINGS – OWNER’S Project Manager may hold periodic progress meetings on a monthly basis, or more
frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR's
Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER’S Project
Manager.
16. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as
follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction
under this contract, including the techniques, sequences, procedures and means, for the coordination of all work.
CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees,
and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job
for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment,
including tools, construction equipment and machinery, utilities, including water, transportation, and all other
facilities and work necessary for the proper completion of work on the project in accordance with the Contract
Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits
necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and
subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional
licenses required by law for CONTRACTOR to undertake the contract work.
e. Guarantee. The CONTRACTOR hereby guarantees the Work to the full extent provided in the Plans,
Specifications, General Conditions, Special Conditions and other Contract Documents. The CONTRACTOR shall
remove, replace and/or repair at its own expense and at the convenience of the OWNER any faulty, defective or
improper Work, materials or equipment discovered within one (1) year from the date of the acceptance of the
project as a whole by the Owner or for such longer period as may be provided in the Plans, Specifications, General
Conditions, Special Conditions or other Contract Documents. Without limiting the generality of the foregoing, the
CONTRACTOR warrants to the OWNER, that all materials and equipment furnished under this Agreement will be of
first class quality and new, unless otherwise required or permitted by the other Contract Documents, that the Work
performed pursuant to this Agreement will be free from defects and that the Work will strictly conform with the
requirements of the Contract Documents. Work not conforming to such requirements, including substitutions not
properly approved and authorized, shall be considered defective. All warranties contained in this Agreement and in
the Contract Documents shall be in addition to and not in limitation of all other warranties or remedies required
and/or arising pursuant to applicable law. Furthermore, CONTRACTOR will provide written guarantee for work and
materials for one (1) calendar year after acceptance by OWNER. The one (1) period is not a limitation upon
manufacturer warranties or CONTRACTOR’s payment and performance Bond(s).
f. Project Site. The CONTRACTOR shall, among other things, (i) visit and thoroughly inspect the project site
and any structure(s) or other man-made features to be modified and become familiar with local conditions under
which the project will be constructed and operated; (ii) if applicable, familiarize itself with the survey, including the
location of all existing buildings, utilities, conditions, streets, equipment, components, and other attributes having
or likely to have an impact on the project; (iii) familiarize itself with the City’s layout and design requirements,
conceptual design objectives, and budget for the project; (iv) familiarize itself with pertinent Project dates, including
the Project Schedule; (v) review and analyze all project geotechnical, hazardous substances, structural, chemical,
144
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
electrical, mechanical, and construction materials tests, investigations, and recommendations; and (vi) gather any
other information necessary for a thorough understanding of the project. If the project involves modifications to
any existing structure(s) or other man-made feature(s) on the project site, the CONTRACTOR shall also review all as-
built and record drawings, plans, and specifications of adjacent work which the CONTRACTOR has been requests
from the City, and shall thoroughly inspect the existing structure(s) and man-made feature(s) to identify existing
deficiencies and ascertain the specific locations of pertinent structural components. Claims by the CONTRACTOR
resulting from its failure to familiarize itself with the project site or pertinent documents shall be deemed waived.
17. ASSIGNMENT - CONTRACTOR shall not assign 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. CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by its subcontractors.
b. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the
subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance
coverage as set forth by the OWNER.
18. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
OWNER and CONTRACTOR.
19. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement,
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
20. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent relationship between
the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner
which would indicate any such relationship with the other party.
21. INDEMNIFICATION – CONTRACTOR shall indemnify and hold harmless the OWNER, its officers, employees, agents,
engineer, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including,
but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this
Agreement.
CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’S own employees against
the OWNER and, solely for the purpose of this indemnification and defense, CONTRACTOR specifically waives its
entitlement, if any, to immunity under Section 440.11, Florida Statutes. This waiver has been specifically and
mutually negotiated by the parties.
The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such
defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of
every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which
may covered by this indemnification. In all events the OWNER and its officers, employees, engineer, and city attorneys
shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and
included with this indemnification provided herein.
In consideration of the CONTRACTOR's indemnity obligations, ONE PERCENT (1%) OF THE CONTRACT SUM as specific
consideration for CONTRACTOR's indemnification of OWNER and that the specific consideration is included in the original
Contract Price allocated by CONTRACTOR among all pay items - receipt of which is acknowledged.
The indemnity provisions set forth in this Paragraph shall survive termination of this Agreement.
145
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
22. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision
of its principals, employees, contractors, and agents while performing work provided hereunder. More specifically, the
CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in
connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury, or loss to:
1. All employees on the project site and other persons who may be affected thereby.
2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the project
site.
3. Other property at the project site or adjacent thereto.
CONTRACTOR shall comply with all applicable Federal Occupational Safety and Health Administration (OSHA) and Florida
Department of Transportation safety standards and shall assure and monitor the compliance of its Subcontractors with
those same standards.
CONTRACTOR shall work in compliance with the OSHA Hazardous Communication Standard and Florida Department of
Environmental Protection guidelines, and shall supply all information about hazardous chemical being brought onto City
property as required by any applicable City Safety and Loss Control Program.
23. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the OWNER the
following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under
the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this
Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and
perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery,
and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of
CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a
corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0
herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER
prior to the execution of this Agreement.
24. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and in
substantially in conformance with the forms attached to the Agreement as Exhibit “A” and approved by the City
Attorney. The materials, performance, and payment amounts shall be in an amount equal to 110% of the Contract Price
for the work prescribed herein. The issuance of bonds required under this Agreement shall not relieve Contractor of any
liability under the Agreement. Contractor shall remain jointly and severally liable with any surety issuing a bond under
the Contract. The premium for such bonds shall be included in the Contract Price.
25. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance
and limits of liability as set forth under this Paragraph. Additionally, all independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in these
Contract Documents.
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. The CONTRACTOR’s surety is bound by this provision.
146
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
27. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in
accordance with the laws of the State of Florida. Venue for any state action or litigation shall be SEMINOLE County,
Florida. Venue for any federal action or litigation shall be Orlando, Florida. The CONTRACTOR’s surety is bound by this
provision.
28. ATTORNEY’S FEES - Should either party bring an action to enforce any of the terms of this Agreement, each party shall
bear its own costs and expenses of such action including, but not limited to, reasonable attorney’s fees, whether at
settlement, trial or on appeal. This provision does not apply to CONTRACTOR’s surety.
30. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is specifically understood
and agreed to by and between the parties hereto that the contractual relationship between the OWNER and
CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The
CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees
of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an
independent contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners,
employees, or agents, during or after the performance of the Work under this Agreement.
31. DOCUMENTS - Public Records: It is hereby specifically agreed that any record, document, computerized information and
program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors and
associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the
possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and
program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter
119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager.
Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All
books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all
reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for
the purpose of examination and/or audit. Failure by CONTRACTOR to grant such access and comply with public records
laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the OWNER upon
delivery of a written notice of cancellation. If CONTRACTOR fails to comply with this Section, and the OWNER must
enforce this Section, or the OWNER suffers a third-party award of attorney’s fees and/or damages for violating Chapter
119, Florida Statutes, due to CONTRACTOR’s failure to comply with this Section, the OWNER shall collect from
CONTRACTOR prevailing party attorney’s fees and costs, and any damages incurred by the City, for enforcing this Section
against CONTRACTOR. And, if applicable, the OWNER shall also be entitled to reimbursement of all attorneys’ fees and
damages which the OWNER had to 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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-6560, City Clerk’s Office, 1126 East State Road 434, Winter Springs,
Florida 32708, or City-Clerk-Department@winterspringsfl.org.
32. SOVEREIGN IMMUNITY - The OWNER intends to avail itself of the benefits of Section 768.28, Florida Statutes and any
other statutes and common law governing sovereign immunity to the fullest extent possible. Neither this provision nor
any other provision of this Agreement shall be construed as a waiver of the OWNER’s right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed on the OWNER’s potential liability under state or federal
law. CONTRACTOR agrees that OWNER shall not be liable under this Agreement for punitive damages or interest for the
period before judgment. Further, OWNER shall not be liable for any claim or judgment, or portion thereof, to any one
person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same
147
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
incident or occurrence, exceeds three hundred thousand dollars ($300,000.00). Nothing in this Agreement is intended
to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under
the doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination of this Agreement.
33. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this
Agreement.
34. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced
by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement
embodies the entire understanding of the parties, and there are no further or other agreements or understandings,
written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein.
Modifications of this Agreement shall only be made in writing signed by both parties.
35. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each
party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and
delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the
same instrument.
36. DRAFTING - OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement
and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute
between the parties.
37. NOTICE - Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, certified
mail, return receipt requested, postage prepaid to:
For CONTRACTOR:
Company Name:
Attn:
Address:
Phone:
Fax:
For OWNER:
City of Winter Springs
Attn: City Manager
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-1800
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.
148
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
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.
c. Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the
OWNER pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or
Federal Agency.
39. ADDITIONAL ASSURANCES.
a. No principal (which includes officers, directors, or executive) or individual holding a professional license and
performing Work under this Agreement is presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in any Work required by this Agreement by any Federal, State,
or local governmental commission, department, corporation, subdivision, or agency;
b. No principal (which includes officers, directors, or executive), individual holding a professional license and
performing Work under this Agreement, employee, or agent has employed or otherwise provided compensation
to, any employee or officer of the OWNER; and
c. No principal (which includes officers, directors, or executive), individual holding a professional license and
performing Work under this Agreement, employee or agent has willfully offered an employee or officer of the
OWNER any pecuniary or other benefit with the intent to influence the employee or officer’s official action or
judgment.
40. E-VERIFY - Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any City contractors shall register
with and use the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the
work authorization status of all employees hired on and after January 1, 2021. City Contractors must provide evidence
of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all
employees hired on and after January 1, 2021, have had their work authorization status verified through the E-
Verify system and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be
a material breach of the contract, and shall result in the immediate termination of the contract without penalty to the
City. The City Contractor shall be liable for all costs incurred by the City securing a replacement contract, including but
not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the
City Contractor utilizes Subcontractors the following shall apply:
a. Contractor shall also require all subcontractors performing work under the Agreement to use the E-
Verify system for any employees they may hire during the term of the Agreement.
b. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes.
c. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy
for the duration of the Agreement.
149
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written.
CITY OF WINTER SPRINGS:
By:
PHILIP HURSH
Acting City Manager
Date: _____________________________
ATTEST:
________________________________
CHRISTIAN GOWAN
City Clerk
Date: ___________________________
CONTRACTOR:
_________________________________________
By:
Print name/title: ____________________________
Date: ____________________________________
STATE OF
COUNTY OF
150
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
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:
151
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix D - 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:
Creek Sediment Removal Services
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.
152
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
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.
(Principal) (Seal)
(Title)
(Address)
(Surety) (Seal)
(Title)
(Address
(Witness)
153
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix E – 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 Creek Sediment
Removal 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 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:
154
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
A. Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work
through its own CONTRACTORs or employees, approved as being acceptable to the OWNER, in the OWNER’s sole
discretion, provided, however, that OWNER’s discretion in approving the Surety’s CONTRACTOR will not be
unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and
is not affiliated in any way with the Principal. During this performance by the Surety, the OWNER will pay the
Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract
as and when they would have been due and payable to the Principal in the absence of the breach or default not
to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract.
During this performance by Surety, any payment bond required under the Contract must remain in full force and
effect; or
B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for
fulfillment and completion of the Contract executed by the completing CONTRACTOR, to the OWNER for the
OWNER’s execution. OWNER’s discretion to approve Surety’s completing CONTRACTOR will not be unreasonably
withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated
with the Principal. OWNER’s discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve
the tendered contract shall be in OWNER’s sole and absolute discretion. Upon execution by the OWNER of the
contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER
a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the
OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the
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) re-
procurement 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.
155
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
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: Phil Hursh, Acting City Manager
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5957
with a copy to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D’Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425-9566
8. STATUE OF LIMITATIONS. Any statutory limitation, which may be contractually superseded, to the contrary
notwithstanding, any action hereon may be instituted so long as the applicable statute of limitations governing the
Contract (including any warranty period) has not run or expired or within three (3) years following Final Completion
of the Contract (including any warranty period) and acceptance of the Work performed under the Contract by the
OWNER, whichever is longer.
156
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
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.
157
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Principal Surety
_______________________________ ____________________________________
(Typed Firm Name) (Typed Firm Name)
_______________________________ ____________________________________
(Seal) (Seal)
By: By:
_______________________________ ____________________________________
(Signature) (Signature)
_______________________________ ____________________________________
(Printed Name) (Printed Name)
________________________________ ____________________________________
(Title) (Title)
________________________________ ____________________________________
________________________________ ____________________________________
(Address) (Address)
________________________________ ____________________________________
(Date of Execution) (Date of Execution)
158
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix F – LABOR AND MATERIALS PAYMENT BOND FORM
Bond No. __________________
BY THIS LABOR AND MATERIALS PAYMENT BOND, We ___________________, as Principal, whose address is
__________________________________ and telephone number is ______________ and
____________________, as Surety, whose address is ________________________________ and telephone
number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as
OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-
327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater
amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal
and OWNER) (the “Penal Sum”).
WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the Creek Sediment
Removal project in the City of Winter Springs, Seminole County, Florida (the “Project”); and
WHEREAS, the OWNER has required the Principal to furnish a labor and materials payment bond in accordance
with law and as a condition of executing the Contract with Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and
the Contract referenced above, as the same may be amended, and additionally, to provide common law rights
more expansive than as required by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs,
administrators, executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is
incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly
make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work
provided under the Contract. Any such payments shall not involve the OWNER in any expense.
2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes,
and applicable law. Therefore, a claimant, except a laborer, who is not in privity with the Principal shall, before
commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution
of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A
claimant who is not in privity with the Principal and who has not received payment for his or her labor, services,
or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or
delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time
during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or
materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant
or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last
on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal
which includes sums for retainage must specify the portion of the amount claimed for retainage.
3. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, including changes
in the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the
Contract.
4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and
OWNER’s heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who
have actually provided labor, material, rental equipment, or services under the Contract.
159
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein
and are expressly made a part of this bond.
6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance
with the laws of the State of Florida without regard to its conflict of laws provisions.
7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond, venue shall lie
exclusively in the Circuit Court for Seminole County, Florida.
8. MISCELLANEOUS.
A. The Surety agrees that this labor and materials payment bond shall afford the OWNER and all claimants under
the Contract with all of the protections and rights afforded under Florida Statutes and under common law.
B. This labor and materials payment bond is issued in addition to any other bond or warranty required under
the Contract including, but not limited to, any performance bond and maintenance bond. Each bond issued
under the Contract shall be construed as separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then
the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and
expense, including reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting
directly or indirectly from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive
the termination or cancellation of this labor and materials payment bond.
D. This labor and materials payment bond shall remain in full force and effect until such time that the legal
deadline for filing a claim hereunder has duly expired.
Principal Surety
_______________________________ ____________________________________
(Typed Firm Name) (Typed Firm Name)
_______________________________ ____________________________________
(Seal) (Seal)
By: By:
_______________________________ ____________________________________
(Signature) (Signature)
_______________________________ ____________________________________
(Printed Name) (Printed Name)
________________________________ ____________________________________
(Title) (Title)
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
(Address) (Address)
________________________________ ____________________________________
(Date of Execution) (Date of Execution)
160
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix G – NOTICE OF AWARD
TO: (BIDDER) _________________________________________________
PROJECT NAME: ITB # 08-23-03 BI WTP No 3 Electrical Improvements
The CITY has considered the BID submitted by , for the
above described WORK in response to the Advertisement for Bids dated , 2023
and Instructions to Bidders.
You are hereby notified that your BID has been accepted and the total amount of the contract
award is
$ .
You are required by the Instructions to Bidders to execute the Agreement and certificates of
insurance and payment and performance bond within ten (10) calendar days from the date
of this Notice to you. If you fail to execute said Agreement and to furnish said certificate of
insurance within ten (10) calendar days from the date of this Notice, the CITY will be entitled
to consider all your rights arising out of the CITY’s acceptance of your BID as abandoned and
your BID BOND shall be forfeited. The CITY will be entitled to such other rights as may be
granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the CITY.
Dated this day of , 2023.
CITY:
By:
Philip Hursh
Title: Acting CITY Manager
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by this
the
day of , 2023.
By: __________
Title: __________
161
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix H – NOTICE TO PROCEED
TO:
EFFECTIVE DATE OF THE NOTICE TO PROCEED:
PROJECT: ITB # 08-23-03 BI WTP No 3 Electrical Improvements
You are hereby notified to commence WORK in accordance with the Agreement dated
, 2023. In accordance with the Agreement, WORK shall commence within 10
days of the date of this Notice to Proceed and shall be complete within ________consecutive
calendar days from the effective date of this Notice to Proceed. The final completion of all
WORK is therefore _ .
CITY:
By: ____
Philip Hursh
Title: Acting CITY Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED IS HEREBY ACKNOWLEDGED by this the _day
of _______________, 2023.
By: _______
Title: ________
162
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
Appendix I – CONTRACTOR’S RELEASE OF LIEN
Before me, the undersigned authority in said County and State, appeared
who, being first duly sworn, deposes and says that he is
of, a company and/or corporation authorized to do
business under the laws of Florida, which is the Service Provider on a Project located in the City of
Winter Springs, Seminole County of Florida, with the City of Winter Springs, FL dated the
day of , 20 , that the said deponent is duly authorized to make this affidavit by
resolution of the Board of Directors of said company and/or corporation; that deponent knows of
his own knowledge that said contract has been complied with in every particular by said Service
Provider and that all parts of the work have been approved by the OWNER; that there are no bills
remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and
that there are no suits pending against the undersigned as Service Provider or anyone in connection
with the work done and materials furnished or otherwise under said contract. Deponent further
says that the final estimate which has been submitted to the OWNER simultaneously with the
making of this affidavit constitutes all claims and demands against the OWNER on account of said
contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as
a full and final release and discharge of the OWNER from any further claims, demands or
compensation by the CONTRACTOR under the above contract. Deponent further agrees that all
guarantees under this contract shall and be in full force from the date of this release as spelled out
in the Contract Documents.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ( ) physical presence or
( ) online notarization, this ____day of ,2023,
by , the ___ ____________________of
,a _________________ ,who is personally known to me or
produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires: _____________________
163
ITB # 08-23-03 BI WTP No 3 Electrical Improvements
We, the having heretofore executed a performance bond for the above-named
CONTRACTOR covering project and section as described above in the sum of
dollars ($ ), hereby agree that the OWNER may make full payment of the final estimate,
including the retained percentage, to said CONTRACTOR.
It is fully understood that the granting of the right to the OWNER to make payment of the final estimate to
said CONTRACTOR and/or his assigns, shall in no way relieve this surety company of its obligations under its
bond, as set forth in the specifications, contract and bond pertaining to the above project.
IN WITNESS WHEREOF, the has caused this instrument to be executed on its
behalf by its and/or its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this
day of , 20 .
Surety Company Attorney in Fact
(Power of Attorney must be attached if executed by Attorney in Fact)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ( ) physical presence
or ( ) online notarization, this _____day of ___ , 2023, by ________________,
the of , a ___________________ , who is
personally known to me or produced as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires: _________________________
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
CITY OF WINTER SPRINGSWTP No. 3 Electrical Improvement
ITB# 08-23-03 Bl
SEPTEMBER 13, 2023
EAU GALLIE ELECTRIC, INC
2012 AURORA ROAD
MELBOURNE, FL 32935
321.259.2885
197
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC2
BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM
198
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC3
Table of Contents
A. BIDDER INFORMATION AND ACKNOWLEDGEMENT FORM
B. TABLE OF CONTENTS
C. INTRODUCTION LETTER
D. QUALIFICATIONS
E. OTHER INFORMATION
F. COST & TIME
G. MANDATORY BID FORMS
H. FLORIDA STATE CORPORATE FILING
2
4
36
40
66
Eau Gallie Electric is a turnkey company that
provides top quality electrical contracting
services and long life power generation
equipment. Our company strives to provide
excellent work and customer service in order to
glorify God.
5
31
3
199
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC4
Message from our President
On behalf of the team at Eau Gallie Electric, Inc., I would like to thank you for the
opportunity to provide our response for Invitation to Bid # 08-23-03 Bl the WTP No. 3
Electrical Improvement project. I, the undersigned, will be your contact for this project.
Eau Gallie Electric is a leading electrical contractor with 75 years of experience serving
clients across multiple industries statewide. We offer a wide range of services, including
Commercial Electrical Services for New Construction Projects, Electrical Solutions for
Commercial Remodeling and Renovation Projects, Commercial Building Energy Evaluation,
LED Commercial Retrofit, Professional Electrical Engineering Services, Commercial
Generator Installation, and Industrial Electrical Projects.
As a Service-Disabled Veteran-Owned Small Business (SDVOSB), we are proud to employ
many US veterans and work with SkillBridge to help veterans join the workforce. Our team
of experienced professionals is committed to providing high-quality services to our clients,
and we are dedicated to building long-term relationships based on trust, integrity, and a
commitment to excellence.
Following please see our capability statement, which provides an overview of our business
and includes information about our licenses, organizational chart, resumes, and past
projects. We believe that our experience, expertise, and commitment to excellence make us
the ideal partner for your project.
Chris Hughes,
President
Eau Gallie Electric, Inc.
Chris is a graduate of the United States Military Academy at West Point with a bachelor’s degree in Mechanical Engineering.
Prior to entering the electrical & generator business, he proudly served in the United States Army as a commissioned officer in the 82nd Airborne Division.He was awarded the Bronze Star Medal for his actions while deployed in Iraq.
Chris is now a licensed Professional Engineer (PE74016) as well as a licensed Unlimited Electrical Contractor (EC13003441).
CHRIS HUGHES
INTRODUCTION LETTER
200
Qualifications
SECTION D
201
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC6
CLIENT
228-432-5922
info@oroconllc.com
POINT OF CONTACT
COMPLETION DATE
DURATION
NOAA/ AOML
MIAMI
The National Oceanic & Atmospheric
Administration/ AOML Miami Center
Emergency Generator Project included
the installation of an Owner provided
750kw generator with an 800A automatic
transfer switch and 10,000 Gallon fuel
tank. Also included a new panel MD and
Transformer TX-G & 30A 600V disconnect
installed on the new generator service
platform, new circuit breaker MCB, service
entrance main circuit breaker with surge
suppression.
Atlantic Oceanographic & Meteorological Laboratory
John Oropesa
September 2020
90 days
PROJECT COST
$886,365
EMERGENCY
GENERATOR PROJECT
PROJECT RELEVANCE
• CAT Generator
• New Generator
Service Platform
• 10k Gallon Fuel Tank
BIDDER EXPERIENCE
202
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC7
ORLANDO
INT’L
AIRPORT
CPDS ELECTRICAL
UPGRADES
CLIENT
317-418-8915
rob.johnston@quad-j.com
POINT OF CONTACT
COMPLETION DATE
DURATION
Install new 600kw Kohler generator,
upgrade panels and gear by adding 7
distribution panels and replacing 4 step-
down transformers. Install new ducts
inside facility up to 14th floor, and 300’
vertical duct installation inside the Air
Traffic Control Tower’s Electrical Shaft.
Replaced entire critical power distribution
system.
Quad J, Inc.
Rob Johnston
April 2023
180 Days
PROJECT COST
$1,565,451
BIDDER EXPERIENCE
203
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC8
CLIENT
786-459-3075
dcastellon@ppines.com
POINT OF CONTACT
COMPLETION DATE
DURATION
CITY OF PEMBROKE PINES
Installed 3 Generac 500kw industrial
bi-fuel (diesel/natural gas) generators at
the City Hall Building so it could be used
as an EOC facility when required. Project
included extensive trenching and slab
modifications to connect everything
inside the existing mechanical room. The
facility was fully occupied and operational
during the entire project.
City of Pembroke Pines
Dayana Castellon
July 2021
160 days
PROJECT COST
$1,163,007
CITY HALL GENERATOR
REPLACEMENT
BIDDER EXPERIENCE
204
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC9
CLIENT
813-334-1402
rmenzies@tampabaywater.org
POINT OF CONTACT
COMPLETION DATE
DURATION
TAMPA BAY
WATER
Replaced 150 hp pump motors at 17
Wellfield Sites. At 6 of the sites we
also installed 200kw diesel generators
including ATS, with 790 gal tanks &
aluminum, sound reducing enclosures.
Tampa Bay Water
Rick Menzies
January 2021
300 days
PROJECT COST
$2,306,855
SOUTH HILLSBORO
WELLFIELDS (17) GENERATOR
AND MOTOR REPLACEMENTS
BIDDER EXPERIENCE
205
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC10
CLIENT
239-213-4705
Bcopeland@naplesgov.com
POINT OF CONTACT
COMPLETION DATE
DURATION
CITY OF
NAPLES
Replaced the majority of the 480V
3-phase electrical distribution equipment
including the 3200A rated switchgear.
Replaced all 7 of the WWTP MCC’s.
Renovated existing generator room,
adding AC, lights, a window and a rolling
door.
City of Naples
Ben Copeland
September 2021
270 Days
PROJECT COST
$2,742,710
2020 WASTEWATER SWITCH-
GEAR & MCC REPLACEMENT
BIDDER EXPERIENCE
206
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC11
CLIENT
802-798-2124
mrice@fgcbuilds.com
POINT OF CONTACT
COMPLETION DATE
DURATION
CRU CAMPUS CRUSADE & FGC
LABOR ONLY: Replaced 3 Volvo 500kw
diesel generators (Tier 4 Final Certified),
custom 2500A paralleling switchgear,
2500A main bus, 800A circuit breakers,
modified existing buildings intake &
exhaust louvers, SCADA controls.
CRU - Campus Crusade & FGC
Mike Rice
August 2021
120 days
PROJECT COST
$390,684
THREE (3) - 5OOKW
GENERATOR REPLACEMENTS
BIDDER EXPERIENCE
207
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC12
ST. PETE CLEARWATER AIRPORT
CLIENT
mcoppage@Avconinc.com
727-902-3938
POINT OF CONTACT
COMPLETION DATE
DURATION
Demolish existing vault, generator, and fuel
tanks. Reconfigured entire Airfield Lighting
by installing 68,000 ft of L-824 5kv Cable
and 12,500 ft of underground conduit that
was direct buried, concrete encased and
directionally drilled. Construct new vault,
upgrade ALCMS, install CCRs, relocate
existing vault equipment. Installed Airfield
Lighting Control Monitoring System with
Seacom Monitoring System and 3G/4G
Remote Maintenance Laptop. Installed
7 10’x10’x11’ manholes and 6 5’X5’X6’
manholes. Installed 2 new CAT generators;
300kw and 60kw. Installed L-829 constant
current regulators with ACE 3 Combos.
Avcon, Inc
Mike Coppage
July 2023
224 days
PROJECT COST
$3,332,560
VAULTS & ELECTRICAL
UPGRADES
BIDDER EXPERIENCE
208
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC13
CLIENT
Tim.Roberts@palmbayflorida.org
321-952-3410
POINT OF CONTACT
COMPLETION DATE
DURATION
CITY OF PALM BAY
Significant demolition was required.
Installed a new 1250kw CAT generator,
6,000 gallon convault fuel tank, high
service pumps, MCC panel and filter
transfer and backwash pumps.
The Treatment Plant remained
operational at all times.
City of Palm Bay
Tim Roberts
In progress
360 days
PROJECT COST
$2,642,710
NORTH REGIONAL
WATER TREATMENT
PLANT REHABILITATION
IN PROGRESS- 95% COMPLETE
BIDDER EXPERIENCE
209
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC14
CLIENT
407-629-1599
Scott.Reed@va.gov
POINT OF CONTACT
COMPLETION DATE
DURATION
LAKEMONT VA DATA CENTER
This was an emergency power system
replacement in a 337,700 sf active facility.
Provided and installed a new 277 /480V,
2000A switchgear lineup with 3 bypass
isolation ASCO transfer switches. Provided
and installed all new 600kw Caterpillar
generator with diesel fuel tank. This
new backup power system was installed
while the data center (which serves all
VA pharmacies on the East Coast) was
live and operational. It required close
coordination with IT and facilities personal
as well as extensive PPE and safety
controls for working live panels.
US Dept of Veterans Affairs
Scott Reed
June 2016
240 days
PROJECT COST
$750,000
GENERATOR REPLACEMENT
BIDDER EXPERIENCE
210
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC15
CLIENT
321-508-0883
dan@wjconstruction.com
POINT OF CONTACT
COMPLETION DATE
DURATION
INDIAN HARBOUR BEACH
The 13,000 square-foot police headquarters
and approximately 900-square feet stand-
alone storage building on South Patrick
Drive included 1000A 120/208V 3Ph electrical
service, installation of a 1000A 300KW Cat
generator, a 1000A ATS & 1000A docking
station with load bank and temp generator
connection, over 300 light fixtures and
lighting control system. Special emphasis
was made on energy conservation, with a
design and construction goal to qualify for a
GREEN BUILDING certification.
W+J Construction/ City of Indian Harbour Beach
Dan Herman W+J Construction
May 2022
11 months
PROJECT COST
$750,000
NEW POLICE DEPARTMENT
BUILDING PROJECT
BIDDER EXPERIENCE
211
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC16
CLIENT
407-629-1599
Scott.Reed@va.gov
POINT OF CONTACT
COMPLETION DATE
DURATION
LAKE BALDWIN VA MEDICAL CENTER
Completed renovation of 227,800 sf
VA hospital emergency power system,
including paralleling (1) new 750kW
generator with two older existing 600kW
generator sets complete with all new
3000A paralleling switchgear. Installed
two 1600A ASCO transfer switches
and 1200A panel boards. Included the
installation of new 1600A main electrical
service to the B&G building as well as
new electrical service to the fire pump.
Generator accessory installations
included retrofit of existing muffler, fuel
system, and communication equipment.
Temporary backup power was provided to
the hospital at all times.
US Dept of Veterans Affairs
Scott Reed
June 2015
180 days
PROJECT COST
$850,000
GENERATOR REPLACEMENT
BIDDER EXPERIENCE
212
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC17
CLIENT
813-334-1402
rmenzies@tampabaywater.org
POINT OF CONTACT
COMPLETION DATE
DURATION
TAMPA BAY
WATER
Replaced 4 medium voltage 800hp
RVAT motor starters including all power,
controls & instrument wiring for each
devise. Also replaced distribution system
for RVATs with upgraded MCC system.
Tampa Bay Water
Rick Menzies
November 2020
150 days
PROJECT COST
$945,800
TAMPA BYPASS CANAL -
MLK PUMP STATION
STARTER REPLACEMENT
BIDDER EXPERIENCE
213
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC18
CLIENT
386-943-5512
Dave.Clarke@dot.state.fl.us
POINT OF CONTACT
COMPLETION DATE
DURATION
FDOT
Installed Owner provided 600kw
generator with diesel fuel tank, 2000A
switchgear, new switchboard and ASCO
transfer switch. Completed on time.
Michael Nohr Florida Department of Transportation
Dave Clarke
June 2016
250 days
PROJECT COST
$505,222
ORLANDO HIGHWAY
PATROL CENTER
GENERATOR REPLACEMENT
BIDDER EXPERIENCE
214
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC19
CLIENT
james.m.keogh@laganscg.com
703-986-0319
POINT OF CONTACT
COMPLETION DATE
DURATION
QUANTICO MARINE CORPS
Demolish and relocate Runway 02-
20 Precision Approach Path Indicator
Lights (PAPIs), Runway Remaining
Distance Signs, and Runway Exit Signs.
Included extensive L-824 5kv Cable install,
underground electrical infrastructure,
base cans, and counterpoise.
Lagan Construction, LLC
James Keogh
March 2022
60 days
PROJECT COST
$508,000
AIRFIELD RUNWAY REPAIRS
BIDDER EXPERIENCE
215
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC20
CLIENT
813-929-4565
JFox@tampabaywater.org
POINT OF CONTACT
COMPLETION DATE
DURATION
TAMPA BAY
WATER
This project involved installing a 1250kw
CAT generator with a 10,000 gallon fuel
tank, a 225kva transformer and a medium
voltage switch. Completed on time.
Tampa Bay Water
Justin Fox
October 2019
355 days
PROJECT COST
$1,138,300
PASCO WELL #49
GENERATOR REPLACEMENT
PROJECT RELEVANCE
• CAT Generator
• Medium Voltage
Switch
• 10,000 Gallon Fuel
Tank
BIDDER EXPERIENCE
216
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC21
CLIENT
718-995-5635
Liliana.ctr.moyano@faa.gov
POINT OF CONTACT
COMPLETION DATE
DURATION
NEW CASTLE AIRPORT (DELAWARE)
Scope included removing existing TACAN antenna
and Tee-Pee and re-locate existing generator. Install
VOR and TACAN monopole foundations. Install
pre-fab concrete shelter, fiberglass Tee-Pee shelter,
doppler tower, VOR pole and TACAN antenna.
Provide power and communication to all antennas
including duct banks. Reroute power for RTR
and wind-cone. Work done in compliance with FAA
regulations.
FAA
Liliana Kenna, PTSI (Parsons) Management Services
October 2019
145 days
PROJECT COST
$2,088,780
CONVERSION TO DOPPLER
FACILITY
913-375-5038
Larry.CTR.Shipman@faa.gov
POINT OF CONTACT
Larry Shipman, FAA (on site PM)
BIDDER EXPERIENCE
217
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC22
EXPERIENCE
Eau Gallie Electric
PRESIDENTUS VETERAN - ARMY
CHRIS HUGHES, PE
Chris is a graduate of the United States Military Academy at West Point
Class of 2003 with a bachelor’s degree in Mechanical Engineering.
Prior to entering the generator business, he proudly served in the United
States Army as a commissioned officer in the 82nd Airborne Division.
He was awarded the Bronze Star Medal for his actions while deployed
in Iraq. Chris transitioned the skills he learned at West Point and while
serving abroad, to the business world. He grew a company with multiple
divisions, catering to both residential and industrial markets, as well as
government projects for NASA, the U.S. Air Force, FAA, and Department
of Veterans Affairs.
EDUCATION | EXPERIENCE
CERTIFICATIONS | TRAINING
• Master Electrician and Unlimited
Electrical Contractor
• State of Florida, Registered
Professional Engineer
• OSHA 30
• Certified Thermographer
• Confined Space Entry
• FDOT MOT Intermediate
• Factory Trained Basler Electric
• Thomson Technology
• Generac Power Systems
• Deep Sea Controls
• Tradewinds Power Corp
• ASCO Transfer Switches
• Sonnen Battery installations
• State Licensed LP Gas Installer
• Eagle Scout
2003
Bachelors - Mechanical EngineeringUnited States Military Academy, West Point
Basic Officer Course - Fort Sill, OK Field Artillery
321-259-2885
chughes@eg-electric.com
www.eg-electric.com
2012 Aurora Rd. Melbourne, FL 32935
Design and Installation
• Electrical Power System Design and Installation
• Power Flow, Arc Flash, Overcurrent Device Coordination Studies
• Heavy Equipment Lifting, Excavations, Electrical Safety Planning
• Troubleshooting and Failure Analysis
• Splicing and Terminating
• Electrical Equipment Specification
• Over 2000 Generator Projects Designed and Installed
• Electrical Tools, Testing, and Data Logging
• UPS System Design and Installation
• Experienced in Generators 1kw-2500kw, Paralleling Systems, UPS
Systems, Flywheel Systems, Stored Energy, UL Field Certifications,
AHCA Requirements
• Electrical Services and Transfer Switches 60A-3000A, Low and Medium
Voltage
Electrical
• Responsible For All Aspects of Business Including Leading Team of 9
Department Managers and Office Admin Staff
• Employs over 65 Full-Time Employees
• Service-Disabled Veteran-Owned Small Business
• Specialize In Municipal, State, and Federal Government Contracts
Administration
2001
Basic Airborne School, Fort Benning, GA
• Married for 19 Years
• Four Kids Ages 15, 13, 10, and 5
• Enjoys Mentoring Young Veterans, Spending Time with Family and Our
Sheep-A-Doodle Puppy “Flynn”
Personal
God made certain people part
of your life because he knew
his purpose for your lives will be
achieved through your bond.”
-Unarine Ramar
TEAM EXPERIENCE
218
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC23
EXPERIENCE
Eau Gallie Electric
• Electrical Systems & Controls
• Fire Alarms & UPS systems
• Transformers & Generators
• Switches & Circuit Breakers
• Troubleshooting
• Heavy Equipment for Lifting, Excavations
• Installation & Maintenance & Hauling
• Splicing & Terminating
• Electrical Tools & Test Equipment
Electrical
• Prepares and Coordinates Department Workflow
• Estimate Cost, Time, and Materials for Electrical Projects
• Blueprints & Schematics
Administration
• Manage the Administrative and Customer Service Functions of the
Construction Department
• Significant Coordination with Owners, Engineers and Subcontractors
• Ensure Compliance with Company Policies and Recommend Policy
Changes as Needed
• Responsible for the Efficient Operation of the Construction Department
and Expense Control
• Manages Troubleshooting and Problem Solving with Staff and
Engineers
• Coordinate The Development of New Business Opportunities
• Maintain High Quality in an Efficient, Productive, and Profitable Manner
• Proactive and Reactive Management of All Construction Department
Personnel Including Hiring, Training, Motivation, Career Development,
Reviews, and Safety
• Maintain Appropriate Staffing Level and Workload Distribution to Meet
Customer and Business Needs
• Analyze Productivity and Recommend Changes to Improve Customer
Service and Profitability
• Perform Annual Reviews and Development Planning for Construction
Department Personnel
Management
Corey is Manager of the Construction and Industrial Electrical Department.
He is a quality-focused construction management professional with over
20 years of construction and electrical experience, including three years
in operations management. Recognized for his professionalism, positive
mental attitude, commitment to excellence, and demonstrated ability to
complete projects on time.
Adept in business and management principles including strategic planning,
resource allocation, leadership technique, production methods, and
coordination of people and resources.
EDUCATION | EXPERIENCE
CERTIFICATIONS | TRAINING
CONSTRUCTION DEPARTMENT MANAGER
COREY DERFUSS
• State of Florida - Certified General
Contractor
• OSHA 30
• FDOT - Tier 1 Illicit Discharge Detec-
tion & Elimination
• ASCO Transfer Switches
• Confined Space Entry
• FDOT MOT Intermediate
• Thompson Technology
• Tradewinds Power Corp
• CPR/ AED / First-Aid
321.615.1229
cderfuss@eg-electric.com
www.eg-electric.com
2012 Aurora Rd. Melbourne, FL 32935
2011-Present
On-going Education to Maintain
Certified General Contractors
License
1996-2000
BA in Communication Science -
University of Connecticut
2001-2011
Residential & Commercial
Construction License
TEAM EXPERIENCE
219
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC24
EXPERIENCE
Eau Gallie Electric
EDUCATION | EXPERIENCE
CERTIFICATIONS | TRAINING
CONSTRUCTION LEAD AND ELECTRICIAN
MARK HABAN
• Journeyman's License
• OSHA 30
• CPR and First Aid
• Medium Voltage Electrician
• Generac Generators
1980-2008
Electrical Projects
1976
High School Diploma
321.890.2282
egelectric12@gmail.com
www.eg-electric.com
2012 Aurora Rd.
Melbourne, FL 32935
2008-Present
Construction, NAVAIDS & Electrical Projects at Eau Gallie Electric
Install
• ATCT Critical Power Distribution Systems
• Airport Lighting Appurtenances and Control Devices
• Precision Approach Path Indicator Lights (PAPI)
• Visual Approach Slope Indicators (VASI)
Airport Radio-Based and Visual Navigational Aids (NAVAIDS)
• Excavate Location and Size for Cast-in-place and Precast Concrete Foundations and Structures
• Establish Direct Earth Buried and Concrete Encased Electrical Duct Banks
• Prepare Site for Installation Precast Manholes, Handholes, and Junction Cans
• Heavy Equipment for Lifting/Excavating
Excavation and Concrete
Install
• Switchgear 100A - 2500A
• Medium Voltage Switchgear
• Commercial Generators 30kw – 1250kw
• Motor Control Centers
• Duct Banks
• Transformers
• Install and Terminate Uninterruptible Power Supplies
• Lighting, Poles, Disconnects and Controllers
• Automatic Transfer Switches
Electrical
• Accurately Interpret Project Drawings and Specifications
• Prepare Required Project Reports
• Provide Photos Throughout Project
• Prepare Red-Line Drawings
• Coordinate Activities with Owners and Representatives
• Order Materials
Administration
• Maintain Project Schedule
• Oversee and Enforce Code Compliance
• Oversee Staff and Sub-Contractor Activities
• Schedule Required Inspections
• Troubleshoot Unforeseen Issues
• Coordinate all Airfield Construction Activities with FAA, DoD and Local Airfield Management
Management
TEAM EXPERIENCE
220
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC25
EXPERIENCE
Eau Gallie Electric
EDUCATION | EXPERIENCE
CERTIFICATIONS | TRAINING
Construction Lead and ElectricianUS VETERAN - AIR FORCE
RON BOSWELL
• Master Electrician
• OSHA 30
• CPR and First Aid
• Medium Voltage Electrician
• Generac Generators
1979-2003
US Air Force - Electrical Field
1979
High School Diploma
321.355.8510
rboswell@eg-electric.com
www.eg-electric.com
2012 Aurora Rd.
Melbourne, FL 32935
2003-Present
Construction, NAVAIDS & Electrical Projects
Install
• ATCT Critical Power Distribution Systems
• Precision Approach Path Indicator Lights (PAPI)
• Visual Approach Slope Indicators (VASI)
• Runway End Identifier Lighting (REIL)
• Airport Lighting Appurtenances and Control Devices
• Pilot Activated Lighting Control Systems
• Airfield Loop Circuitry
• Constant Current Regulators
Airport Radio-Based and Visual Navigational Aids (NAVAIDS)
• Establish Direct Earth Buried and Concrete Encased Electrical Duct Banks
• Excavate Location and Size for Cast-in-place and Precast Concrete Foundations and Structures
• Heavy Equipment for Lifting/Excavating
• Prepare Site for Installation Precast Manholes, Handholes, and Junction Cans
• Install Precast Manholes, Handholes, and Junction Cans
• Construct Concrete Foundations (Form, Pour, and Finish)
Excavation and Concrete
Install
• Medium Voltage Switchgear
• Commercial Generators 30kw – 1250kw
• Duct Banks
• Transformers
• Automatic Transfer Switches
• And Terminate Uninterruptible Power Supplies
• Lighting, Poles, Disconnects and Controllers
• Motor Control Centers
• FAA L-824 5kv Cable with L-823 Connectors
Electrical
• Accurately Interpret Project Drawings and Specifications
• Prepare Required Project Reports
• Provide Photos Throughout Project
• Prepare Red-Line Drawings
• Coordinate Activities with Owners and Representatives
• Order Materials
Administration
• Troubleshoot Unforeseen Issues
• Maintain Project Schedule
• Coordinate all Airfield Construction Activities with FAA, DoD and Local Airfield Management
• Oversee and Enforce Code Compliance
• Oversee Staff and Sub-Contractor Activities
• Schedule Required Inspections
Management
TEAM EXPERIENCE
221
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC26
EXPERIENCE
Eau Gallie Electric
EDUCATION | EXPERIENCE
CERTIFICATIONS | TRAINING
Construction Lead and Electrician
JASON GAINOR
• OSHA 10
• CPR and First Aid
• Aerial & Boom Lift Operator
• Generac Generators
• Confined Spaces
2008
ASSOCIATES | Electrical Technology
New Castle School of Trades
2005
HIGH SCHOOL DIPLOMA
Reynolds Jr./Sr. High School
321.735.2970
jgainor@eg-electric.com
www.eg-electric.com
2012 Aurora Rd.
Melbourne, FL 32935
2006-Present
Construction, NAVAIDS & Electrical Projects
• 2015 - Current - Lead/Supervisor
• 2006 - 2015 - Electrician
Install
• VHF Omnidirectional Range Beacon with Tactical Air Navigation
System Beacon (VORTAC)
• ATCT Critical Power Distribution Systems
• Precision Approach Path Indicator Lights (PAPI) and
Commissioning
• Airport Lighting Appurtenances
• Airfield Guidance Signs
• Pilot Activated Lighting Control Systems
• Airfield Loop Circuitry
• Constant Current Regulators
Airport Radio-Based and Visual Navigational Aids (NAVAIDS)
• Excavate Location and Size for Cast-in-place and Precast
Concrete Foundations and Structures
• Establish Direct Earth Buried and Concrete Encased Electrical
Duct Banks
• Prepare Site for Installation Precast Manholes, Handholes, and
Junction Cans
• Construct Concrete Foundations (Form, Pour, and Finish)
• Install Precast Manholes, Handholes, and Junction Cans
Excavation & Concrete
• Install Commercial Generators 30kw – 800kw
• Install Automatic Transfer Switches
• Install Switchgear 100a – 2500a in Electrical Distribution Rooms
• Install and Terminate Uninterruptible Power Supplies
• Install Major Temporary Lighting System for 5 Story Stadium
• Install FAA L-824 5kv Cable with L-823 Connectors
• Pull, Spice, and Terminate Electrical Wires and Cables
Electrical
• Accurately Interpret Project Drawings and Specifications
• Coordinate Activities and Requirements with Owners
• Produce Project Reports and Photos
• Prepare Red-Line Drawings
• Order Materials
Administration
• Supervise and Direct Airfield Construction Activities
• Oversee and Enforce Code Compliance
• Maintain Project Schedule
• Deconflict Airfield Construction Activities with FAA, DoD, and
Local Airfield Management Operations Professionals
• Coordinate Daily Project Activity with Owners and Reps
• Oversee Sub-Contractor Activities
Management
TEAM EXPERIENCE
222
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC27
EXPERIENCE
Eau Gallie Electric
EDUCATION | EXPERIENCE
CERTIFICATIONS | TRAINING
ElectricianUS VETERAN - ARMY
JOSHUA A. ICKES
• OSHA 30
• CPR and First Aid
• Journeyman – Alaska
1996
Master Electrician/Contractor License
14-EL-MS-00100
1980
Electrician Technical School
USAF
321.890.7932
egelectric63@gmail.com
www.eg-electric.com
2012 Aurora Rd.
Melbourne, FL 32935
2006-Present
Construction & Electrical Projects
• Installation, service, and repair to residential, commercial, and
industrial electrical systems
• Diagnosed and maintained paralleling switchgear
• Diagnose, Repair, and maintain various VFD and PLC control
devices
Electrical
• Take Offs & Estimating
• Blueprints & Schematics
• Scheduling with Customers & Other Trades
• Business development and coordination of the completions of
projects from small to large multiphase jobs
• Bidding new jobs and securing contracts
Administration
• Oversee Sub-Contractor Activities
• Hiring, evaluation of employees, and compensation
• Sales and project management for general contracting projects
Management
Experienced in medium voltage (15KV) underground distribution and
low voltage (600V and below industrial, commercial and residential
applications).
• Rebuilding of motors and pumps for various commercial/
industrial application
Other
TEAM EXPERIENCE
223
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC28
EXPERIENCE
Eau Gallie Electric
Install
• VHF Omnidirectional Range Beacon with Tactical Air Navigation
System Beacon (VORTAC)
• ATCT Critical Power Distribution Systems
• Precision Approach Path Indicator Lights (PAPI)
• Airport Lighting Appurtenances
• Pilot Activated Lighting Control Systems
• Airfield Loop Circuitry
• Constant Current Regulators
Airport Radio-Based and Visual Navigational Aids (NAVAIDS)
• Excavate Location and Size for Cast-in-place and Precast Concrete
Foundations and Structures
• Establish Direct Earth Buried and Concrete Encased Electrical
Duct Banks
• Prepare Site for Installation Precast Manholes, Handholes, and
Junction Cans
Excavation
• Install Commercial Generators 30kw – 800kw
• Install Automatic Transfer Switches
• Install Switchgear 100a – 2500a in Electrical Distribution Rooms
• Install and Terminate Uninterruptible Power Supplies
• Install Lighting, Poles, Disconnects and Controllers
• Install FAA L-824 5kv Cable with L-823 Connectors
• Test Electrical Systems to Ensure Proper Installation and Operation
• Pull, Spice, and Terminate Electrical Wires and Cables
Electrical
• Prepare Construction Sites, Materials, and Tools
• Operate Heavy Machinery Equipment
• Construct Concrete Foundations (Form, Pour, and Finish)
• Install Precast Manholes, Handholes, and Junction Cans
• Mitigate Construction Traffic Congestion
Concrete
• Accurately Interpret Project Drawings and Specifications
• Enforce Code Compliance
• Coordinate with Subcontractors
Administration
EDUCATION | EXPERIENCE
CERTIFICATIONS | TRAINING
Electrician
SEAN McDONEL
• OSHA 10
• Fall Protection
• Generac Generators
• Environmental Compliance
Training System
1994
HIGH SCHOOL DIPLOMA
Titusville High School
321.890.7207
egelectric27@gmail.com
www.eg-electric.com
2012 Aurora Rd.
Melbourne, FL 32935
2006-Present
Construction, NAVAIDS & Electrical Projects
TEAM EXPERIENCE
224
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC29
EXPERIENCE
Eau Gallie Electric
EDUCATION | EXPERIENCE
CERTIFICATIONS | TRAINING
Electrician
KENNETH NORRIS, JR.
• OSHA 10 (9/16)
• Journeyman – Alaska (12/20)
• High Voltage Splicing (6/11)
• Illicit Discharge - Tier I (10/21)
• Forklift Operator (8/06)
• 3M QTIII Terminations (9/03)
• Cat-5 And Cat-5e Terminations (8/03)
• Close Quarters and Confined Safety(4/02)
• Hilti Powder Actuated Tools (11/00)
• CPR and First Aid (10-10)
321.474.1535
egelectric68@gmail.com
www.eg-electric.com
2012 Aurora Rd.
Melbourne, FL 32935
1998-Present
Construction & Electrical Projects
Install
• Pilot Activated Lighting Control Systems
• Airfield Lighting Control Monitoring Systems
• Advanced Control Equipment (ACE
• ATCT Critical Power Distribution Systems
• Precision Approach Path Indicator Lights (PAPI)
• Airport Lighting Appurtenances
• Airfield Loop Circuitry
• FAA RLIM Media Converters
• Constant Current Regulators
Airport Radio-Based and Visual Navigational Aids (NAVAIDS)
• Excavate Location and Size for Cast-in-place and Precast Concrete
Foundations and Structures
• Establish Direct Earth Buried and Concrete Encased Electrical
Duct Banks
• Install Precast Manholes, Handholes, and Junction Cans
• Operate Heavy Machinery Equipment : Excavation & Lifting
• Construct Concrete Foundations (Form, Pour, and Finish)
Site Excavation & Concrete
• Install Medium Voltage (15kw) underground distribution
• Install Switchgear 100a – 2500a in Electrical Distribution Rooms
• Install Transformers
• Install FAA L-824 5kv Cable Installation With L-823 Connectors
• Install Commercial Generators 50kw – 800kw
• Install Automatic Transfer Switches
• Install and Terminate Uninterruptible Power Supplies
• Install Low Voltage (600v and below)
• Install Lighting, Poles, Disconnects and Controllers
• Pull, Spice, and Terminate Electrical Wires and Cables
• Test Electrical Systems to Ensure Proper Installation and Operation
Electrical
• Accurately Interpret Project Drawings and Specifications
• Enforce Code Compliance
• Coordinate with Subcontractors
Administration
TEAM EXPERIENCE
225
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC30
FLORIDA KNOWLEDGE
We are not aware of any specific political, economic, legal, or other issues impacting the City of Winter Springs or other Florida municipalities that may be relevant to the Proposal.
Eau Gallie Electric is well-prepared to address any new and specific political, economic,
legal, or other issues that may arise in the City of Winter Springs or other Florida
municipalities. Firstly, in response to political changes, our company maintains a
proactive approach to stay informed about local government policies and regulations.
This allows us to adapt our operations swiftly to comply with any new requirements
while ensuring the continued delivery of high-quality electrical services.
On the economic front, Eau Gallie Electric is committed to supporting the communities
we serve. We understand that economic fluctuations can impact our customers’ ability
to invest in electrical solutions. Therefore, we remain flexible in our pricing strategies
and offer cost-effective options to accommodate various budget constraints. We also
actively seek opportunities for partnerships and collaborations within the local business
ecosystem, contributing to economic growth and stability.
Regarding legal matters, we prioritize compliance with all relevant laws and
regulations. Our team closely monitors changes in the legal landscape, ensuring that
our operations align with the latest requirements. This includes adhering to safety
standards, environmental regulations, and licensing requirements, which are essential
to maintaining a trustworthy and responsible presence in the communities we serve.
Moreover, we pride ourselves on being an adaptable and customer-centric organization.
When confronted with any other unforeseen issues impacting Winter Springs or
neighboring municipalities, we prioritize open communication with local authorities
and residents. This allows us to gather insights, understand unique challenges, and
tailor our electrical solutions to address specific needs effectively.
In conclusion, Eau Gallie Electric is committed to being a responsible and responsive
partner in the City of Winter Springs and throughout Florida municipalities. We are
well-prepared to handle any emerging challenges by remaining informed, flexible, and
focused on the needs of our customers and communities.
226
Other
Information
SECTION E
227
CURRENT LICENSES2023
DOD-JCP
0050749
DUNS Number
032253965
Cage Code
4W6R2
Licenses Held Lic #Exp. Date
EC13003441 8-31-24Christopher Hughes
Electrical Contractor, State of FL
Scott SaIlade
Electrical Contractor, State of FL
EC13007245 8-31-24
Corey Derfuss
General Contractor, State of FL
Christopher Hughes
Professional Engineer, State of FL
Liquefied Petroleum Gas License
Eau Gallie Electric/Christopher Hughes
Veteran Business Certification, State of FL
CGC1526728 8-31-24
PE4016 2-28-25
LA38520 3-31-24
FL Tax ID
59-2694842
4-1-24
Eau Gallie Electric/Christopher Hughes
Dept of Veteran Affairs Certification
SDVOSB
#00VE
5-10-25
SAM UEI
ZNUXUQN5Y4Y5
SIR - QVL #697DCK-18-R-00399 On Airport Work
SIR - QVL #697DCK-18-R-00400 Off Airport Work
QVL NAICS Primary Code
238210
228
EAU GALLIE ELECTRIC, INC ITB # 08-23-03 BI
33
78 Full Time Staff
Single Project Bond
Aggregate Bond
$10 Million
$25 Million
Management
Entire Field Staff
Eau Gallie Electric is a Department of Defense SkillBridge industry partner, providing Service members who return to civilian life with meaningful and gainful employment.
ORGANIZATIONAL CHART
• Adam Lucker
• Andrew Guajardo
• Bill Hauenstein
• Bill Mize
• Chris Hughes
• Corey Derfuss
• Gary Randell
• Joshua Ickes
• Loretta Sherman
• Mike Linder
• Ron Boswell
• Andrew Guajardo
• Bill Hauenstein
• Bill Mize
• Brandon Alderman
• Bridgett Moshier
• Chris Hughes
• Dave Lawson
• Gary Randell
• Jason Stoudt
• Joe Kuykendall
• Joe Tominello
• Jordan Chambliss
• Joshua Ickes
• Loretta Sherman
• Mark Everhart
• Mark Seidel
• Peyton Hay
• Robert Moss
• Ron Boswell
• Sean Anstett
• Sean Becraft
229
OUR US VETERANS
DAVE LAWSON
US ARMY
LORETTA SHERMAN
US AIR FORCE
MARK EVERHART
US ARMY
CHRIS HUGHES
US ARMY
ANDREW GUAJARDO
US AIR FORCE
BILL HAUENSTEIN
US MARINES
JORDAN CHAMBLISS
US AIR FORCE
RON BOSWELL
US AIR FORCE
ROBERT MOSS
US AIR FORCE
JOEKUYKENDALL
US AIR FORCE
MARK SEIDEL
US MARINES
BRIDGETT MOSIER
US AIR FORCE
GARY RANDELL
US NAVY
JOSHUA ICKES
US ARMY
BRANDON ALDERMAN
US MARINES
SEAN ANSTETT
US AIR FORCE
JOE TOMINELLO
US AIR FORCE
BRANDON BROOKSUS
MARINES
PEYTON HAY
US MARINES
BILLMIZE
US ARMY
SEANBECRAFT
US AIR FORCE
230
EAU GALLIE ELECTRIC, INC ITB # 08-23-03 BI
35
Eau Gallie Electric stands out as the ideal choice for the City of Winter Springs for several compelling reasons. With our
75 years of electrical contracting experience, we bring a depth of knowledge and expertise that few others can match.
Our long-standing presence
in Central Florida, dating
back to our founding in 1948,
demonstrates our commitment
to the region and our dedication
to providing top-quality electrical
services.
What truly sets us apart is our
unwavering commitment to
integrity and customer service.
Under the leadership of owner
Chris Hughes since 2005,
we prioritize these values in
every aspect of our work. As a
service-disabled veteran-owned
company, we embody the
American spirit and take deep
satisfaction in our dedication to
excellence. Eau Gallie Electric’s
track record, combined with our
extensive experience, unwavering values, and commitment to customer service, make us the standout choice for the City of
Winter Springs. We are not just pursuing business; we are dedicated to building lasting partnerships and contributing to the
growth and success of the community we serve.
CONCLUSION
231
Cost and
Time
SECTION F
232
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC37
COST AND TIME
ï ðçóðïóîðîí
233
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC38
üîìôðððòðð üîìôðððòðð
üîôðððòðð üîôðððòðð
üïëôðððòðð üïëôðððòðð
üìôðððòðð üìôðððòðð
üîëôðððòðð üîëôðððòðð
üîçéôðððòðð üîçéôðððòðð
üçîôðððòðð üçîôðððòðð
üìðôðððòðð üìðôðððòðð
ìççôðððòðð
234
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC39
ìççôðððòðð
Ú±«® Ø«²¼®»¼ Ò·²»¬§ Ò·²» ̸±«¿²¼ ¿²¼ ððñïðð ܱ´´¿®
235
Mandatory
Bid Forms
SECTION G
236
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC41
REFERENCES
City of Naples Wastewater Treatment Plant (WWTP) Generator Installations and Electrical Improvements
Ben Copeland
Naples, FL
Naples, FL Florida
239 213-4705
$2,742,710 September 2021
NOAA/AOML Miami Emergency Generator Project
FloridaKey Biscane 33149
4301 Rickenbacker Cswy
228 432-5922
$886,365 September 2020
John Oropesa
City of Pembroke Pines City Hall Generator Replacement
Dayana Castellon
Pembroke Pines, FL
FloridaPembroke Pines
786 459-3075
$1,163,007 July 2021
34102
33025
Christopher Hughes, President
Eau Gallie Electric, Inc.
237
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC42
INSURANCE REQUIREMENTS FORM
238
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC43
SCRUTINIZED COMPANY CERTIFICATION
239
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC44 240
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC45
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
241
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC46
DRUG FREE WORKPLACE FORM
242
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC47
PUBLIC ENTITY CRIMES STATEMENT
243
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC48 244
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC49
DEBARMENT, SUSPENSION ETC. CERTIFICATION
245
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC50 246
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC51 247
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC52 248
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC53
E-VERIFY STATEMENT
249
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC54
CONFLICT OF INTEREST STATEMENT
250
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC55
SMWBE UTILIZATION PLAN
251
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC56
Eau Gallie Electric is committed to promoting diversity, equity, and inclusion in our projects.
As part of our dedication to these principles, we have developed this SMWBE (Small,
Minority, Women-Owned Business Enterprise) Utilization Plan for the WTP No. 3 Electrical
Improvements project. We believe in fostering economic growth and opportunities for
underrepresented businesses and individuals.
GOALS AND OBJECTIVES
Our primary goals and objectives for this project include:
Promoting equal access and opportunity for SMWBE firms in the procurement of goods
and services.
SMWBE OUTREACH AND ENGAGEMENT
EAU GALLIE ELECTRIC SMWBE UTILIZATION PLAN
Encouraging active participation of SMWBEs in the project.
Ensuring transparency, accountability, and fairness in the procurement process.
Eau Gallie Electric is committed to proactively reaching out to SMWBE firms and engaging
them in the bidding and project implementation process. To achieve this, we will:
Collaborate with local SMWBE organizations and associations to identify potential
subcontractors and suppliers.
Provide technical assistance and guidance to SMWBE firms to help them prepare
competitive bids.
Conduct outreach events and information sessions to educate SMWBE firms about the
project, bidding process, and contract requirements.
SUBCONTRACTING OPPORTUNITIES
Eau Gallie Electric recognizes the importance of subcontracting opportunities for SMWBE
firms. We commit to:
Actively seeking SMWBE firms to participate in various project phases, including electrical
installation, equipment supply, and maintenance services.
Encouraging prime contractors to consider SMWBE firms in their subcontracting
decisions.
Setting aside a portion of the project budget specifically for SMWBE subcontractors and
suppliers.
252
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC57
EVALUATION AND REPORTING
To ensure the success of our SMWBE Utilization Plan, we will:
Document and report the utilization of SMWBE firms in the project to the relevant
authorities and stakeholders.
Continuously monitor the performance and progress of SMWBE subcontractors to
address any challenges promptly.
Regularly evaluate our outreach efforts and subcontracting decisions to ensure
compliance with SMWBE goals.
COMPLIANCE AND ACCOUNTABILITY
Eau Gallie Electric is committed to upholding the highest standards of compliance and
accountability. We will:
Implement a rigorous internal review process to ensure adherence to our SMWBE
Utilization Plan.
Address any concerns or disputes related to SMWBE participation promptly and fairly.
Maintain accurate records of all SMWBE participation in the project, including
subcontracting agreements and payments.
Eau Gallie Electric, as a Service-Disabled Veteran-Owned Small Business
(SDVOSB), is not only committed to promoting diversity and inclusion
but also understands the unique challenges faced by SDVOSBs and
other underrepresented groups. We are excited to participate in the
WTP No. 3 Electrical Improvements project, and our dedication to
fostering economic growth and opportunity for SMWBEs, as well as
SDVOSBs, shines through in our SMWBE Utilization Plan. We believe that this plan reflects
our unwavering commitment to diversity, equity, and inclusion and will contribute to the
project’s overall success.
We look forward to working collaboratively with SMWBE firms, SDVOSBs, project
stakeholders, and the community to achieve our shared goals and ensure a project that not
only meets its technical requirements but also sets an example for promoting a diverse
and inclusive business environment.
253
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC58
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 A
B
C
D
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 CITY 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.
Eau Gallie Electric
Name of Bidder
Authorized Signature
Date: 09-11-2023
This document shall be submitted with the Bid packet. Failure to complete the above may
result in the bid being declared non-responsive.
1TB II 08-23-03 Bl MANDATORY FORM
155Sloping LF 542.503.50
FLORIDA TRENCH SAFETY ACT CERTIFICATION
254
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC59
BYRD ANTI-LOBBYING ACT CERTIFICATION
255
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC60
BID BOND
256
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC61 257
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC62 258
EAU GALLIE ELECTRIC, INC ITB # 08-23-03 BI
63
259
EAU GALLIE ELECTRIC, INC ITB # 08-23-03 BI
64
260
EAU GALLIE ELECTRIC, INC ITB # 08-23-03 BI
65
261
Florida State
Corporate
Filing
SECTION H
262
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC67 263
ITB # 08-23-03 BI EAU GALLIE ELECTRIC, INC68
State of Florida
Department of State
I certify from the records of this office that EAU GALLIE ELECTRIC,INC.is
a corporation organized under the laws of the State of Florida,filed on July 3,
1986.
The document number of this corporation is J22256.
I further certify that said corporation has paid all fees due this office through
December 31,2021,that its most recent annual report/uniform business report
was filed on January 16,2021,and that its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee,the Capital,this
the Sixteenth day of January,2021
Tracking Number:4895205487CC
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
264
EAU GALLIE ELECTRIC, INC
2012 AURORA ROAD
MELBOURNE, FL 32935
T (321) 259-2885 I 1-877-434-5577
EG-Electric.com
Thank you for your consideration.
265