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Home My WebLink AboutCain Enterprises, LLC (dba Engineering Solutions International) Construction Agreement - Water Treatment Plant No. 3 Electrical Improvements - 2024 01 22 CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 23 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International EXHIBIT A PERFORMANCE BOND FORM Bond No. __________________ BY THIS PERFORMANCE BOND, We ___________________, as Principal, whose address is ____________________________________ and telephone number is ______________ and ____________________, as Surety, whose address is ________________________________ and telephone number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the “Penal Sum”). WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the construction of the ___________________________________ 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 section 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 CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 24 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so. 2. OWNER’S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER shall provide to Surety the written affidavit of the OWNER stating that the Principal is in breach or default of the Contract, and that such breach or default remains uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for providing notices as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which action it will take as permitted in Paragraph 3. 3. SURETY’S OBLIGATION UPON DELIVERY OF OWNER’S AFFIDAVIT OF CONTRACTOR’S BREACH OR DEFAULT. Upon the delivery of the OWNER’s affidavit of breach or default by the Principal as provided in Paragraph 2 above, the Surety may promptly remedy the breach or default or must, within ten (10) days, proceed to take one of the following courses of action: A. Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work through its own CONTRACTORs or employees, approved as being acceptable to the OWNER, in the OWNER’s sole discretion, provided, however, that OWNER’s discretion in approving the Surety’s CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and is not affiliated in any way with the Principal. During this performance by the Surety, the OWNER will pay the Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract as and when they would have been due and payable to the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract. During this performance by Surety, any payment bond required under the Contract must remain in full force and effect; or B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for fulfillment and completion of the Contract executed by the completing CONTRACTOR, to the OWNER for the OWNER’s execution. OWNER’s discretion to approve Surety’s completing CONTRACTOR will not be unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated with the Principal. OWNER’s discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve the tendered contract shall be in OWNER’s sole and absolute discretion. Upon execution by the OWNER of the contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the 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 CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 25 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International 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 section 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. 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. CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 26 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International 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: Philip Hursh, Interim 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 CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 27 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International 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. 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. CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 28 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International 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) CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 29 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International EXHIBIT A LABOR AND MATERIALS PAYMENT BOND Bond No. __________________ BY THIS LABOR AND MATERIALS PAYMENT BOND, We _________________________________, as Principal, whose address is __________________________________ and telephone number is ______________ and_______________________________________, as Surety, whose address is ________________________________ and telephone number is _________________are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708 and telephone number is 407-327-1800, in the initial sum of $ ________________________________ (110% of Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the “Penal Sum”). WHEREAS, the Principal has executed a contract with the OWNER, dated ______________, for the construction of the _________________________________________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. CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 30 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International 2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes, and applicable law. Therefore, a claimant, except a laborer, who is not in privity with the Principal shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his or her labor, services, or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal which includes sums for retainage must specify the portion of the amount claimed for retainage. 3. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, including changes in the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the Contract. 4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER’s heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who have actually provided labor, material, rental equipment, or services under the Contract. 5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein and are expressly made a part of this bond. 6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. 7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 8. MISCELLANEOUS. 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. CITY OF WINTER SPRINGS ELECTRICAL IMPROVEMENTS WTP NO 3 CONSTRUCTION AGREEMENT Page | 31 Electrical Improvements WTP No 3 Construction Agreement City of Winter Springs and Cain Enterprises, LLC dba Engineering Solutions International 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) 01110- 1 SECTION 01110 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A.The Work specified herein shall include 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. B.Section Includes: 1.Contract description. 2.Owner-furnished products. 3.Contractor's use of Site and premises. 4.Work sequence. 5.Owner occupancy. 6.Permits. 1.2 CONTRACT DESCRIPTION A.Work of the Project includes: 1.Installation, start-up, and testing of Owner Direct Purchased Diesel Generator including associated fuel tank and ATS. 2.Furnish and Install new VFD. 3.The structural modifications to the pump building. B.All materials, equipment, skills, tools, and labor which are reasonably and appropriately inferable and necessary for the proper completion of the Work and in compliance with the requirements stated or implied by these Specifications or Drawings shall be furnished and installed by CONTRACTOR without additional compensation, whether specifically indicated in the Contract Documents or not. This includes testing and placing into operation all equipment. C.All fees and permits for the permanent construction that are required by controlling agencies or authorities, including fees for the review of Contract Documents prior to construction, will be procured by CONTRACTOR. Other licenses or permits for construction facilities of a temporary nature which are necessary for the prosecution of the work shall be secured and paid for by CONTRACTOR D.Repair, replace, or otherwise settle with the OWNER, if damage to property or existing facilities occurs, including damage to pavements, utilities, lawns, structures, etc. E.Construct the Project under a Unit Price Contract. Appendix B-1 01110- 2 F. CONTRACTOR shall perform the Work complete, in place, and ready for continuous service, and shall include repairs, testing, permits, clean up, replacements, and restoration required as a result of damages caused during this construction. 1.3 OWNER-FURNISHED PRODUCTS A. OWNER will direct purchase the following items of equipment for CONTRACTOR to install: 1. Diesel powered generator with storage tank and ATS. B. Owner's Responsibilities: 1. Arrange for and deliver Owner-reviewed Shop Drawings, Product Data, and Samples to Contractor. 2. Upon delivery, inspect products jointly with Contractor. 3. Submit claims for transportation damage and replace damaged, defective, or deficient items. 4. Arrange for manufacturers' warranties, inspections, and service. C. Contractor's Responsibilities: 1. Review Owner-reviewed Shop Drawings, Product Data, and Samples. 2. Arrange delivery to Site. 3. Receive and unload products at Site; inspect for completeness or damage jointly with Owner. 4. Handle, store, install, test, and finish products. 5. Repair or replace items damaged after receipt. 1.4 CONTRACTOR'S USE OF SITE AND PREMISES A. Limit use of Site and premises to allow: 1. Owner occupancy. 2. Work by Owner. 3. Work by Others as directed by the Owner. B. Time Restrictions for Performing Work: 1. No Work shall be done between the hours of 7:00 p.m. and 7:00 a.m., or on Saturdays, Sundays and legal holidays of the City unless the proper and efficient prosecution of the Work requires operations during the night, weekend or holidays. Written notification for doing untimely work shall be provided to the City a minimum 24 hours before starting such items of the Work. C. Utility Outages and Shutdown: 1. Coordinate and schedule electrical and other utility outages with Owner. 2. Outages: Allowed only at previously agreed upon times. 3. At least one week before scheduled outage, submit Outage Request Plan to Owner itemizing the dates, times, and duration of each requested outage. 01110- 3 1.5 WORK SEQUENCE A. Construct Work in order to accommodate Owner's occupancy requirements during construction period. Coordinate construction schedule and operations with Owner. B. Sequencing of Construction Plan: Before start of construction, verify sequence provided in the Contract Drawings. 1.6 OWNER OCCUPANCY A. Owner will occupy Site for conduct of normal operations. B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. C. Schedule the Work to accommodate Owner occupancy. 1.7 PERMITS A. The Contractor will obtain all permits required for work within City. 1. The Contractor shall verify the existence of the approved permit prior to commencing any work. a. Winter Springs Building Permit B. The Contractor will obtain all permits required by FDEP 1. The Contractor shall verify the existence of the approved permit for a. Minor Modifications – Application for a Specific Permit to Construct PWS Components b. Storage Tank Facility Registration Form PART 2 - PRODUCTS - Not Used PART 3 - EXECUTION - Not Used END OF SECTION 01200 - 1 SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1.1 SECTION INCLUDES A.Preconstruction Meeting. B.Progress Meetings. 1.2 REQUIREMENTS INCLUDED A.OWNER shall schedule and administer preconstruction meeting, periodic progress meetings, and specially called meetings throughout the progress of the work. 1.Prepare agenda for meetings. 2.Coordinate physical arrangements for meetings 3.Preside at meetings. 4.Prepare minutes of meetings. B.Representatives of CONTRACTORs, Subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C.CONTRACTOR shall attend meeting to ascertain that work is expedited consistent with Contract Documents and construction schedules. 1.3 PRECONSTRUCTION MEETING A.OWNER OR AUTHORIZED REPRESENTATIVE will schedule a preconstruction meeting prior to beginning the work. This meeting shall be attended by ENGINEER, CONTRACTOR, and the OWNER. The purpose of the meeting shall be to review shop drawing procedures, construction methods, and to establish a construction schedule. B.Location: A central site, convenient for all parties designated by the OWNER OR AUTHORIZED REPRESENTATIVE. C.Attendance: 1.OWNER's Representative 2.ENGINEER’s Representative 3.CONTRACTOR's Superintendent. 4.Major Subcontractors 5. Major Suppliers. 6.Others as appropriate. 01200 - 2 D.Suggested Agenda: 1.Distribution and discussion of: a.List of major subcontractors and suppliers. b.Projected construction schedules. 2.Critical work sequencing. 3.Major equipment deliveries and priorities including list of long lead time items and anticipated delivery dates. 4.Project Coordination. 5.Designation of responsible personnel. 6.Procedures and processing of: a.Field decisions. b.Proposal requests. c.Submittals. d.Change Orders. e.Applications for payment. 7.Adequacy of distribution of Contract Documents. 8.Procedures for maintaining record documents. 9.Use of Premises: a.Office, work and storage areas. b.OWNER's requirements. 10.Construction facilities, controls and construction aids. 11.Construction Sequencing to minimize plant down time. 12.Housekeeping procedures. 13.Check of required Bond and Insurance certifications. 14.Liquidated Damages. 15.Request for a weekly job meeting for all involved. 16.Equal Opportunity Requirements. 17.Laboratory testing of material requirements. 18.Inventory of material stored on-site provisions. 1.4 PROGRESS MEETINGS A.Schedule regular periodic meetings. The progress meetings will be held every 30 days or less with the first meeting 30 days after the preconstruction meeting or 30 days or less after the date of Notice to Proceed. B.Hold called meetings as required by progress of the work. C.Location of the meetings: As designated by the OWNER. D.Attendance: 1.OWNER's Representative 2.ENGINEER’s Representative 3.CONTRACTOR's Superintendent. 4.Subcontractors as appropriate to agenda. 5.Suppliers as appropriate to agenda. 6.Others as appropriate. 01200 - 3 7.Suggested Agenda: E.Suggested Agenda 1.Review, approval of minutes of previous meeting. 2.Review of work progress since previous meeting 3.Field observations, problems, conflicts 4.Problems which impede construction schedule 5.Review of offsite fabrication, delivery schedules 6.Corrective measures and procedures to regain projected schedule 7.Revisions to construction schedule 8.Progress, schedule during succeeding work period 9.Coordination of schedules 10.Review submittal schedules, expedite as required 11.Maintenance of quality standards 12.Pending changes and substitutions 13.Review proposed changes for: a.Effect of construction schedule and on completion date b.Effect on other contracts of the Project 14. Other business 15.Construction Schedule 16.Critical/long lead items. F.CONTRACTOR is to attend progress meetings and is to study previous meeting minutes and current agenda items, in order to be prepared to discuss pertinent topics such as deliveries of materials and equipment, progress of the work, etc G.CONTRACTOR is to provide a current submittal log at each progress meeting in accordance with Section 01300 PART 2 - PRODUCTS - Not Used PART 3 - EXECUTION - Not Used END OF SECTION 01220-1 SECTION 012200 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.1 SECTION INCLUDES: A.Procedure B.Estimate of Quantities C.Measurement of Quantities D.Schedule of Prices Bid 1.2 PROCEDURE A.The Contractor shall coordinate the pay items on the Bid Form with the corresponding paragraphs located herein. B.The omission of reference to any item shall not alter the intent of the Bid Form or relieve the Contractor of the necessity of constructing a complete project under this Contract. C.Payment shall be made for the items listed on the Bid Form on the basis of the Work actually performed and completed in strict accordance with the Contract Documents, such Work including but not limited to, the furnishing of all necessary labor, materials, equipment, tools, testing, transportation, delivery, disposal of waste and surplus material, restoration, and all other incidentals and appurtenances to complete the construction and installation of the Work as shown and specified. D.No additional payment shall be made for clean-up work. The cost thereof shall be included in the price for related items as set forth in the Proposal. E.The Contractor shall not be allowed additional payment or compensation for removing and replacing, relocating or otherwise protecting or adjusting existing utilities shown on the plans which may be affected by the construction. The cost thereof shall be included in the cost of bid items to which they are required or appurtenant. F.The Contractor shall be responsible for any debris and foreign matter which is allowed to enter any system as a result of construction and shall be solely responsible for any damage resulting therefrom. 01220-2 G.Except those items outlined in the Schedule of Prices Bid, the Contractor shall not be allowed additional payment or compensation for removing and replacing, shoring or bracing, relocating, or otherwise protecting or adjusting any and all utilities which may be affected by the construction. Specifically, the Contractor shall coordinate, receive and store the ODP generator and additional equipment previously purchased by the City. H.All equipment responsibility shall transfer to the Contractor upon equipment delivery to the site. All methods of adjusting utilities shall be subject to the approval of the Engineer. The cost of items described herein shall be included in the cost of bid items to which they are incidental or appurtenant. I.Unless provided by specific bid items in the Schedule of Prices Bid, the following shall be considered incidental or appurtenant and no measurement or payment will be made: 1.Erosion and sediment control. 2.Clearing and grubbing. 3.Excavation and backfill. 4.Chain link fencing and gates 1.3 ESTIMATE OF QUANTITIES A.The quantities set forth in the Bid Form are approximate and are given to establish a uniform basis for the comparison of bids. The Owner reserves the right to increase or decrease the quantity of any item or portion of the Work during the progress of construction in accordance with the terms of the Contract. The Bid Form shall serve as a basis of developing additive or deductive Change Orders. 1.4 MEASUREMENT OF QUANTITIES A.Unless otherwise provided in the specifications for the particular items involved, all measurements shall be taken from "finished grades and elevations" for vertical measurements and from pipe/conduit end to pipe/conduit end horizontally for lineal measurements. The method or combination of methods or measurements shall be those which will reflect with reasonable accuracy the actual areas of the finished Work as determined by the Engineer. B.For those pay items which were not included in the Schedule of Prices Bid, it shall be mutually understood that all items for payment shall be made from the master list of pay items set forth below. Items that are not specifically listed hereafter shall utilize the basic numbering system set forth. C.Pay Items that indicate multiple measurement methods shall be paid at the method included in the Schedule of Prices Bid. 01220-3 1.5 SCHEDULE OF PRICES BID A.The following items correspond to the bid form. 1.Mobilization/General Conditions A.Work Includes: Preparatory work and operations in mobilizing for beginning Work on the Project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, plus permits, fees, bonds (excluding the Material and Workmanship Bond), and insurance. Also included are temporary utilities/facilities, staging and storage areas, survey and layout, safety equipment and all other items not specifically identified under other bid items which are necessary for the construction, and compliance with administrative and regulatory requirements. B.Unit of measurement is lump sum. C.Payment of this item shall be in accordance with the following schedule: Percent of Original Contract Amount Earned Allowable Percent of the lump sum Price to be Paid 5 25 10 50 25 75 50 100* * Partial payments for any project will be limited to ten (10) percent of the original contract amount for that project. Any remaining amount will be paid upon completion of all work on the project. 2. Project Closeout/ As-Built Drawings A.The movement of personnel, equipment, surplus materials from the project site, final site cleanup, cleanup and restoration of staging and storage areas, submittal of “Red-lined” Field recorded “As-built” Drawings, providing required closeout documents such as the Material and Workmanship Bond, completion certificates, and manufacturer operation and maintenance instructions. B.Unit of measurement is lump sum. 3.Landscaping A.Work Includes: Preparation and implementation of light clearing and grubbing, grading and sod – in accordance with the Contract Documents. Payment shall include, but is not limited to, all costs for clearing and grubbing, disposal of materials, and all incidentals and appurtenances required to complete the site work as shown and specified. Additional measures may be necessary for supplement silt fence, including replacement and maintenance as needed based upon activities during construction. In the event temporary staging and storage areas are used, any required erosion and sediment control measures are to be included as well in this item. 01220-4 B.Unit of measurement is lump sum. C.Payment of this item shall be made under the following schedule: Percent of Original Contract Amount Earned Allowable Percent of the Lump Sum Price to be Paid 10 50 75 90 90 100 4.Demolition A.Work Includes: Furnish all manpower and equipment needed to cut, demolish, remove and dispose of concrete and louvers in the pump building,– in accordance with the Contract Documents. Payment shall include, but is not limited to, all costs for removal and disposal of materials, and all incidentals and appurtenances required to complete the site work as shown and specified All items shall be removed from the site and the OWNER makes claim for salvage valued items. B.Unit of measurement is LS. 5.Concrete (Pump Building Restorations) A.Work Includes: Furnish all manpower and equipment needed to fill area with concrete, repair rebar, and coatings required to for restoring the concrete floor and walls of the pump building to match existing conditions. Concrete block units shall be used to fill the removed louvers in accordance with the Contract Documents. Payment shall include, but is not limited to, all costs for excavation, grading, concrete fill, hauling, dewatering, testing, and all incidentals and appurtenances required to complete the Concrete as shown and specified. B.Unit of measurement is LS. 6.Electrical A.Work Includes: Furnish all manpower and equipment needed to install a new house keeping pad, conduit and wire needed for the new generator, ATS, proper grounding and modification in accordance with the Contract Documents. Payment shall include, but is not limited to, all, labor, materials, and all incidentals and appurtenances required for complete installation of the generator and ATS including grounding as shown and specified. B.Unit of measurement is LS. 7.Variable Frequency Drive (VFD) A.Work Includes: Furnish the manpower, equipment and variable frequency drive for installation in accordance with the Contract Documents. Payment shall include, but is not limited to, all, labor, materials, and all incidentals 01220-5 and appurtenances required for complete installation of the VFD as shown and specified. B.Unit of measurement is LS. 8.Handling, Installation and Start-up of Owner Direct Purchase Equipment A.Work Includes: Coordination of delivery, receiving, proper storage, installation and startup of the Owner Direct Purchased Equipment. All labor equipment, materials, permits (including an FDEP storage tank registration form), etc necessary to complete the scope of work is the sole responsibility of the Contractor. Payment shall include, but is not limited to, all the labor, equipment, materials for each handling as well as incidentals, and appurtenances. This is an ODP project and the Contractor shall take responsibility of equipment upon delivery to the jobsite B.Unit of measurement is LS. 01300-1 SECTION 01300 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: 01300-2 11. By submission of this bid, each 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. BID FORM FOR WINTER SPRINGS WTP #3 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 SUB TOTAL OWNER DIRECT PURCHASED EQUIPMENT 9 400 kw Generator, ATS and Diesel Storage (Owner Purchased) LS 1 $ 169,556.95 $ 169,556.95 CONSTRUCTION GRAND TOTAL $ 01300-3 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 , 2021 ATTEST: Witness: By: Signature Authorized Signature (Principal) Printed Name Printed Name, Title Company Name Address: Employee I.D. No. Florida State Certified General Contractor’s License Number Telephone Number: END OF SECTION 01315 - 1 SECTION 01315 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 DESCRIPTION A.Provide continuous color digital audio-video recording at each entire work area prior to construction to serve as a record of pre-construction conditions. Specific recordings shall be made of each wastewater treatment plant. Provide two copies of the audio-video recordings on DVD. Supplement video recording with digital color photographs for areas that require details not ascertainable on the video recordings. 1.2 RELATED REQUIREMENTS A.Section 01300- Submittals 1.3 QUALIFICATIONS: A.Preconstruction audio-video recording shall be of professional quality that will clearly log an accurate visual description of existing conditions. Any portion of the recording that is not acceptable for the determination of the existing conditions shall be re-recorded at no additional cost to the OWNER. Completion progress by listed activity and sub- activity, to within five (5) working days prior to submittal. PART 2 - PRODUCTS 2.1 GENERAL A.Total audio-video recording system and the procedures employed in its use shall be such as to produce a finished product that will fulfill the technical requirements of the project. The video portion of the recording shall produce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or any other form of picture imperfection. The audio portion of the recording shall produce the commentary of the camera operator with proper volume, clarity, and be free from distortion. The recording system shall utilize EIA standard video and NTSC compatible color. 2.2 VIDEO RECORDING A.Video recording shall record in color and a high resolution, 2100 pixels. 2.3 DIGITAL VERSATILE DISC (DVD) A.The DVD furnished to the OWNER shall be high definition DVD discs. The DVDs shall be new and thus shall not have been used for any previous recording. 01315 - 2 PART 3 - EXECUTION 3.1 GENERAL A.Provide OWNER a minimum of 48 hours’ notice in advance of recording such that OWNER’s representative can be present during recording. The recordings shall contain coverage of all surface features located within the construction’s zone of influence. The construction’s zone of influence shall be defined (1) as the area within the permanent and temporary easements or right-of-way, and areas adjacent to these areas which may be affected by routine construction operations, and (2) by the direction of the OWNER. The surface features within the construction’s zone of influence shall include, but not be limited to, all roadways, pavements, curbs, driveways, ponds, sidewalks, culverts, headwalls, retaining walls, buildings, landscaping, trees, shrubbery, and fences. Of particular concern shall be the existence or non-existence of any faults, fractures, or defects. Recording’s coverage shall be limited to the construction site at any one time and shall include all surface conditions located within the zone of influence of construction supported by appropriate audio description. B.Video recording shall be a simultaneous recorded audio recording. This audio recording, exclusively containing the commentary of the camcorder operator, shall assist in viewer orientation and in any needed identification, differentiation, clarification, or objective description of the feature being shown in the video portion of the recording. The audio recording also shall be free from any conversations between the camcorder operator and any other production technicians. C.All DVDs shall be permanently labeled and shall be properly identified by number and project title. D.Each DVD shall have a log of that disk’s contents. The log shall describe the various segments of coverage contained on that DVD in terms of the names of streets or easements, coverage beginning and end, directions of coverage, and video unit counter numbers. 3.2 RECORDING SCHEDULE A.The recording shall be performed prior to the placement of any construction materials or equipment on the proposed construction site. B.CONTRACTOR shall coordinate the video recording with the construction schedule so that those portions of the construction that will be completed first will be recorded first. The recording company shall deliver the DVD recordings to the OWNER upon their completion. Upon delivery of the discs, transfer of Ownership of those discs shall be made to the OWNER. 3.3 VISIBILITY A.All recordings shall be performed during times of good visibility. No recording shall be done during periods of significant precipitation, mist, or fog. The recording shall only 01315 - 3 be done when sufficient sunlight is present to properly illuminate the subject, and to produce bright, sharp video recordings of those subjects. No recording shall be performed when more than 10% of the area to be recorded contains debris or obstructions unless otherwise authorized by ENGINEER. 3.4 CONTINUITY OF COVERAGE A.In order to increase the continuity of the coverage, the coverage shall consist of a single, continuous, unedited recording, which begins at one end of a particular construction area. However, where coverage is required in areas not accessible by conventional wheeled vehicles and smooth transport of the recording system is not possible, such coverage shall consist of an organized, interrelated sequence of recordings at various positions along that proposed construction area (e.g., wooded easement area). B.The average rate of travel during a particular segment of coverage (e.g., coverage of one side of the street) shall be directly proportional to the number, size, and value of the surface features within that construction area’s zone of influence. 3.5 CAMERA HEIGHT AND STABILITY A.When conventional wheeled vehicles are used as conveyances for the recording system, the distance between the camera lens and the ground shall not be more than 10 feet. The camera shall be firmly mounted, such that transport of the camera during the recording process will not cause any unsteady picture. 3.6 CAMERA CONTROL A.Camera pan, tilt, zoom-in, and zoom-out rates shall be sufficiently controlled such that recorded objects will be clearly viewed during playback. In addition, all other camera and recording system controls, such as lens, focus, and aperture, video level, pedestal, chroma, white balance, and electrical focus, shall be properly controlled or adjusted to maximize recorded picture quality. 3.7 VIEWER ORIENTATION TECHNIQUES A.Audio and video portions of the recording shall maintain viewer orientation. To this end, overall establishing views and visual displays of all visible house and building addresses shall be utilized. In easements where the proposed construction location will not be readily apparent in the recorder viewer, highly visible yellow flags shall be placed in such a fashion as to clearly indicate the proposed centerline of construction. 3.8 VIEWER ORIENTATION TECHNIQUES A.CONTRACTOR shall televise and record, at a minimum, the following areas: 1.Water Treatment Plant #2 B.At no time shall CONTRACTOR be allowed to use any electrical circuits within private property building structure. All video recording shall be done during regular business 01315 - 4 hours, unless otherwise specified by the private property OWNER or ENGINEER. CONTRACTOR shall enter and leave private property in a professional and orderly, workmanlike manner. END OF SECTION 01320 - 1 SECTION 01320 CONSTRUCTION SCHEDULE PART 1 - GENERAL 1.1 SECTION INCLUDES A.Submittals. B.Schedule Updates C.Review and evaluation. D.Updating schedules. E.Distribution. 1.2 SUBMITTALS A.Submit preliminary progress schedule in accordance with the General Conditions. 1.3 SCHEDULE UPDATES: A.Overall percent complete, projected and actual. B.Completion progress by listed activity and subactivity, to within five (5) working days prior to submittal. C.Changes in Work scope and activities modified since submittal. D.Delays in submittals or resubmittals, deliveries, or Work. E.Adjusted or modified sequences of Work. F.Other identifiable changes. G.Revised projections of progress and completion. 1.4 REVIEW AND EVALUATION A.Participate in joint review and evaluation of schedules with Engineer at each submittal. B.Evaluate Project status to determine Work behind schedule and Work ahead of schedule. C.After review, revise schedules incorporating results of review, and resubmit within five (5) days. 01320 - 2 1.5 UPDATING SCHEDULES A.Maintain schedules to record actual start and finish dates of completed activities. B.Indicate progress of each activity to date of revision, with projected completion date of each activity. Update schedules to depict current status of Work. C.Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. D.Upon approval of a Change Order, include the change in the next schedule submittal. E.Indicate changes required to maintain Date of Substantial Completion. F.Submit sorts as required to support recommended changes. G.Prepare narrative report to define problem areas, anticipated delays, and impact on schedule. Report corrective action taken or proposed and its effect. 1.6 DISTRIBUTION A.Following joint review, distribute copies of updated schedules to Contractor's Project site file, to Subcontractors, suppliers, Engineer, Owner, and other concerned parties. B.Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules. PART 2 - PRODUCTS - Not Used PART 3 - EXECUTION – Not Used END OF SECTION 01330 - 1 SECTION 01330 SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SECTION INCLUDES A.Definitions. B.Submittal procedures. C.Product data. D.Shop Drawings. E.Test reports. F.Certificates. G.Manufacturer's instructions. H.Manufacturer's field reports. I.Contractor review. J.Engineer review. 1.2 DEFINITIONS A.Action Submittals: Written and graphic information and physical samples that require Engineer's responsive action. B.Informational Submittals: Written and graphic information and physical Samples that do not require Engineer's responsive action. Submittals will be filed for record keeping purposes. 1.3 SUBMITTAL PROCEDURES A.Transmit each submittal with Engineer-accepted form. B.In addition to the specified number of hard copies, one (1) electronic copy of each submittal shall be transmitted to the Engineer. The electronic copy shall be in Portable Document Format (.pdf) unless otherwise specified. 1.Sequentially number transmittal forms. Mark revised submittals with original number and sequential alphabetic suffix. 01330 - 2 C.Identify: Project, Contractor, Subcontractor and supplier, pertinent Drawing and detail number, and Specification Section number appropriate to submittal. D.Apply Contractor's stamp, signed or initialed, certifying that review, approval, verification of products required, field dimensions, adjacent construction Work, and coordination of information is according to requirements of the Work and Contract Documents. E.Identify variations in Contract Documents and product or system limitations that may be detrimental to successful performance of completed Work. F.Allow space on submittals for Contractor and Engineer review stamps. G.When revised for resubmission, identify changes made since previous submission. H.Submittals not requested will not be recognized nor processed. I.Incomplete Submittals: Engineer will not review. Complete submittals for each item are required. Delays resulting from incomplete submittals are not the responsibility of Engineer. 1.4 PRODUCT DATA A.Product Data: Action Submittal: Submit to Engineer for review for assessing conformance with information given and design concept expressed in Contract Documents. B.Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. C.Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 1.5 SHOP DRAWINGS A.Shop Drawings: Action Submittal: Submit to Engineer for assessing conformance with information given and design concept expressed in Contract Documents. B.Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. C.When required by individual Specification Sections, provide Shop Drawings signed and sealed by a Professional Engineer licensed in the State of Florida responsible for designing components shown on Shop Drawings. 1.Include signed and sealed calculations to support design. 2.Submit Shop Drawings and calculations in form suitable for submission to and approval by authorities having jurisdiction. 01330 - 3 3.Make revisions and provide additional information when required by authorities having jurisdiction. 1.6 TEST REPORTS A.Informational Submittal: Submit reports for Engineer's knowledge as Contract administrator or for Owner. B.Submit test reports for information for assessing conformance with information given and design concept expressed in Contract Documents. 1.7 CERTIFICATES A.certification by manufacturer, installation/application Subcontractor, or Contractor to Engineer, in quantities specified for Product Data. B.Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C.Certificates may be recent or previous test results on material or product but must be acceptable to Engineer. 1.8 MANUFACTURER'S INSTRUCTIONS A.Informational Submittal: Submit manufacturer's installation instructions for Engineer's knowledge as Contract administrator or for Owner. B.Submit printed instructions for delivery, storage, assembly, installation, startup, adjusting, and finishing, to Engineer in quantities specified for Product Data. C.Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 1.9 MANUFACTURER'S FIELD REPORTS A.Informational Submittal: Submit reports for Engineer's knowledge as Contract administrator or for Owner. B.Submit report in duplicate within five (5) days of observation to Engineer for information. C.Submit reports for information for assessing conformance with information given and design concept expressed in Contract Documents. 1.10 CONTRACTOR REVIEW A.Review for compliance with Contract Documents and approve submittals before transmitting to Engineer. B.Contractor shall be Responsible for: 01330 - 4 1.Determination and verification of materials including manufacturer's catalog numbers. 2.Determination and verification of field measurements and field construction criteria. 3.Checking and coordinating information in submittal with requirements of Work and of Contract Documents. 4.Determination of accuracy and completeness of dimensions and quantities. 5.Confirmation and coordination of dimensions and field conditions at Site. 6.Construction means, techniques, sequences, and procedures. 7.Safety precautions. 8.Coordination and performance of Work of all trades. C.Stamp, sign or initial, and date each submittal to certify compliance with requirements of Contract Documents. D.Do not fabricate products or begin Work for which submittals are required until approved submittals have been received from Engineer. 1.11 ENGINEER REVIEW A.Informational submittals and other similar data are for Engineer's information, do not require Engineer's responsive action, will be reviewed and filed for record keeping purposes only. B.Submittals made by Contractor that are not required by Contract Documents may be returned without action. C.Submittal approval does not authorize changes to Contract requirements unless accompanied by Change Order. D.Owner may withhold monies due to Contractor to cover additional costs beyond the second submittal review. PART 2 - PRODUCTS - Not Used PART 3 - EXECUTION - Not Used END OF SECTION 01770 - 1 SECTION 01770 CLOSEOUT REQUIREMENTS 1.1 SECTION INCLUDES A.Closeout procedures. B.Starting of systems. C.Demonstration and instructions. D.Project record documents. E.Operation and maintenance data. F.Manual for equipment and systems. G.Spare parts and maintenance products. H.Product warranties and product bonds. I.Examination. J.Preparation. K.Execution. L.Cutting and patching. M.Protecting installed construction. N.Final cleaning. 1.2 CLOSEOUT PROCEDURES A.Prerequisites to Substantial Completion: Complete following items before requesting Certification of Substantial Completion, either for entire Work or for portions of Work: 1.Submit maintenance manuals, Project record documents, digital images of construction photographs, and other similar final record data in compliance with this Section. 2.Complete facility startup, testing, adjusting, balancing of systems and equipment, demonstrations, and instructions to Owner's operating and maintenance personnel as specified in compliance with this Section. 3.Conduct inspection to establish basis for request that Work is substantially complete. Create comprehensive list (initial punch list) indicating items to be completed or corrected, value of incomplete or nonconforming Work, reason for 01770 - 2 being incomplete, and date of anticipated completion for each item. Include copy of list with request for Certificate of Substantial Completion. 4.Obtain and submit releases enabling Owner's full, unrestricted use of Project and access to services and utilities. Include certificate of occupancy, operating certificates, and similar releases from authorities having jurisdiction and utility companies. 5.Deliver tools, spare parts, extra stocks of material, and similar physical items to Owner. 6.Make final change-over of locks and transmit keys directly to Owner. Advise Owner's personnel of change-over in security provisions. 7.Discontinue or change over and remove temporary facilities and services from Project Site, along with construction tools, mockups, and similar elements. 8.Perform final cleaning according to this Section. B.Substantial Completion Inspection: 1.When Contractor considers Work to be substantially complete, submit to Engineer: a.Written certificate that Work, or designated portion, is substantially complete. b.List of items to be completed or corrected (initial punch list). 2.Within seven (7) days after receipt of request for Substantial Completion, Engineer will make inspection to determine whether Work or designated portion is substantially complete. 3.Should Engineer determine that Work is not substantially complete: a.Engineer will promptly notify Contractor in writing, stating reasons for its opinion. b.Contractor shall remedy deficiencies in Work and send second written request for Substantial Completion to Engineer. c.Engineer will reinspect Work. d.Redo and Inspection of Deficient Work: Repeated until Work passes Engineer's inspection. 4.When Engineer finds that Work is substantially complete, Engineer will: a.Prepare Certificate of Substantial Completion, accompanied by Contractor's list of items to be completed or corrected as verified and amended by Engineer and Owner (final punch list). b.Submit Certificate to Owner and Contractor for their written acceptance of responsibilities assigned to them in Certificate. 5.After Work is substantially complete, Contractor shall: a.Allow Owner occupancy of Project under provisions stated in Certificate of Substantial Completion. b.Complete Work listed for completion or correction within time period stipulated. C.Final Completion Inspection: 1.Within seven (7) days after receipt of request for final inspection, Engineer will make inspection to determine whether Work or designated portion is complete. 2.Should Engineer consider Work to be incomplete or defective: 01770 - 3 a.Engineer will promptly notify Contractor in writing, listing incomplete or defective Work. b.Contractor shall remedy stated deficiencies and send second written request to Engineer that Work is complete. c.Engineer will reinspect Work. d.Redo and Inspection of Deficient Work: Repeated until Work passes Engineer's inspection. 1.3 STARTING OF SYSTEMS A.Coordinate schedule for startup of various equipment and systems. B.Notify Engineer seven (7) days prior to startup of each item. C.Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, and for conditions which may cause damage. D.Verify that tests, meter readings, and electrical characteristics agree with those required by equipment or system manufacturer. E.Verify that wiring and support components for equipment are complete and tested. F.Execute startup under supervision of manufacturer's representative or Contractors' personnel according to manufacturer's instructions. G.When specified in individual Specification Sections, require manufacturer to provide authorized representative who will be present at Site to inspect, check, and approve equipment or system installation prior to startup and will supervise placing equipment or system in operation. H.Submit a written report according to Section 013300 - Submittal Procedures that equipment or system has been properly installed and is functioning correctly. 1.4 DEMONSTRATION AND INSTRUCTIONS A.Demonstrate operation and maintenance of products to Owner's personnel two (2) weeks prior to date of Substantial Completion. B.Use operation and maintenance manuals as basis for instruction. Review contents of manual with Owner's personnel in detail to explain all aspects of operation and maintenance. C.Demonstrate startup, operation, control, adjustment, troubleshooting, servicing, maintenance, and shutdown of each item of equipment at scheduled time, at equipment location. 01770 - 4 D.Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. E.Required instruction time for each item of equipment and system is specified in individual Specification Sections. 1.5 PROJECT RECORD DOCUMENTS A.Maintain on Site one set of the following record documents; record actual revisions to the Work: 1.Drawings. 2.Specifications. 3.Addenda. 4.Change Orders and other modifications to the Contract. 5.Reviewed Shop Drawings, product data, and Samples. 6.Manufacturer's instruction for assembly, installation, and adjusting. B.Ensure entries are complete and accurate, enabling future reference by Owner. C.Store record documents separate from documents used for construction. D.Record information concurrent with construction progress, not less than weekly. E.Specifications: Legibly mark and record, at each product Section, description of actual products installed, including the following: 1.Manufacturer's name and product model and number. 2.Product substitutions or alternates used. 3.Changes made by Addenda and modifications. F.As-Built Drawings: 1.As-Built Drawings shall be prepared, signed, and sealed by a Professional Mapper and Surveyor (PMS), licensed to practice in the State of Florida. If the project was designed by an Engineer hired by the Developer, the As-Builts shall also be sealed by the Professional Engineer registered in the State of Florida and submitted on CD or DVD using state plane coordinates. 2.The following information is required on all As-Built Drawings. The Contractor shall note that additional information may be required by the Engineer when deemed necessary. a.Include Contract modifications such as Addenda, supplementary instructions, change directives, field orders, minor changes in the Work, and Change Orders. b.Unless otherwise specified, the original construction plans, with as-built information shown, will be accepted for those projects contracted by the City. c.The drawings shall be revised (redrawn) to scale to indicate final as-built data (true to scale) and in accordance to all construction changes. Only changing a station and off-set note or just adding notes is not acceptable for horizontal changes. In making changes to the drawings, utility lines or other 01770 - 5 features to be changed shall be erased before new lines are drawn, notations to be changed shall be reworded as required. d.Items that were not installed as shown shall be so indicated by placing a "revision cloud" around the as-built information and a note shall be placed on the sheet near the lower right-hand corner in bold marking indicating that the information contained within the cloud is as-built. The as-built date shall also be shown. e.Items that were constructed exactly per plan shall be shown by placing an asterisk adjacent to the as-built information indicating that it was built per plan with no changes. 3.Procedure for Submitting As-Build Drawings: a.Original Submittal: Three (3) copies of all required As-Built materials, including Valve Tie Sheets, shall be submitted to the Engineer. No originals or certified copies shall be submitted in the Original Submittal. Submittals must be furnished with a cover sheet or letter of transmittal. As-Builts submitted without cover sheets will not be accepted. In lieu of paper submittals, As-Builts can be submitted electronically until the final submittal. b.As-Built Review: The Original Submittal shall be reviewed for content and compliance to the specified requirements. If the As-Builts are found to be incomplete, one set will be returned with comments marked in red. The Contractor shall correct the As-Builts as indicated. c.Resubmittal: After corrections, additions, or deletions are complete, the As- Builts shall be resubmitted. Three (3) sets of those items that were returned for corrections along with the red lined set shall be resubmitted. Resubmittal without the red lined set will be refused. No resubmittals will be accepted without a cover sheet. No originals or certified copies shall be submitted with the Resubmittal. d.Final Submittal: After all As-Builts have been reviewed and comply with all specified requirements, the Engineer shall notify the Contractor to submit final As-Builts. Final As-Builts shall include a cover letter, two copies of the As-Builts signed, sealed and dated by a professional mapper and surveyor, and one electronic file with one reproducible original. The Final Submittal shall also include As-Built Drawings in AutoCAD .dwg format. The Contractor shall verify the version of AutoCAD utilized by the Owner to prevent file compatibility issues. 1.6 OPERATION AND MAINTENANCE DATA A.Submit in PDF composite electronic indexed file. B.Submit data bound in 8-1/2 x 11-inch text pages, three D side ring binders with durable plastic covers. C.Prepare binder cover with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS," title of Project, and subject matter of binder when multiple binders are required. 01770 - 6 D.Internally subdivide binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. E.Drawings: Provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. F.Contents: Prepare table of contents for each volume, with each product or system description identified, typed on white paper, in three parts as follows: 1.Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. 2.Part 2: Operation and maintenance instructions, arranged by system and subdivided by Specification Section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Include the following: a.Significant design criteria. b.List of equipment. c.Parts list for each component. d.Operating instructions. e.Maintenance instructions for equipment and systems. f.Maintenance instructions for finishes, including recommended cleaning methods and materials, and special precautions identifying detrimental agents. g.Safety precautions to be taken when operating and maintaining or working near equipment. 3.Part 3: Project documents and certificates, including the following: a.Shop Drawings and product data. b.Air and water balance reports. c.Certificates. d.Photo copies of warranties. 1.7 MANUAL FOR EQUIPMENT AND SYSTEMS A.Submit two (2) copies of preliminary draft or proposed formats and outlines of contents before start of Work. Engineer will review draft and return one (1) copy with comments. B.For equipment, or component parts of equipment put into service during construction and operated by Owner, submit documents within ten (10) days after acceptance. C.Submit one copy of completed volumes before Substantial Completion. Draft copy will be reviewed and returned after Substantial Completion, with Engineer comments. Revise content of document sets as required prior to final submission. D.Submit three (3) sets of revised final volumes within ten (10) days after final inspection. E.Submit in PDF composite electronic indexed file of final manual within ten (10) days after final inspection. 01770 - 7 F.Each Item of Equipment and Each System: Include description of unit or system and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and model number of replaceable parts. G.Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications; typed. H.Include color-coded wiring diagrams as installed. I.Operating Procedures: Include startup, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shutdown, and emergency instructions. Include summer, winter, and special operating instructions. J.Maintenance Requirements: Include routine procedures and guide for preventative maintenance and troubleshooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. K.Include servicing and lubrication schedule and list of lubricants required. L.Include manufacturer's printed operation and maintenance instructions. M.Include sequence of operation by controls manufacturer. N.Include original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. O.Include control diagrams by controls manufacturer as installed. P.Include Contractor's coordination drawings with color-coded piping diagrams as installed. Q.Include charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. R.Include list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. S.Include test and balancing reports as specified in Section 01 40 00 - Quality Requirements. T.Additional Requirements: As specified in individual product Specification Sections. U.Include listing in table of contents for design data with tabbed dividers and space for insertion of data. 01770 - 8 1.8 SPARE PARTS AND MAINTENANCE PRODUCTS A.Furnish spare parts, maintenance, and extra products in quantities specified in individual Specification Sections. B.Deliver to Project Site and place in location as directed by Owner; obtain receipt prior to final payment. 1.9 PRODUCT WARRANTIES AND PRODUCT BONDS A.Execute and assemble transferable warranty documents and bonds from Subcontractors, suppliers, and manufacturers. B.Verify documents are in proper form, contain full information, and are notarized. C.Co-execute submittals when required. D.Include table of contents and assemble in three D side ring binder with durable plastic cover. E.Submit prior to final Application for Payment. F.Time of Submittals: 1.For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within ten (10) days after acceptance. 2.Make other submittals within ten (10) days after date of Substantial Completion, prior to final Application for Payment. 3.For items of Work for which acceptance is delayed beyond Substantial Completion, submit within ten (10) days after acceptance, listing date of acceptance as beginning of warranty or bond period. PART 2 - PRODUCTS - Not Used PART 3 - EXECUTION 3.1 EXAMINATION A.Verify that existing Site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B.Verify that existing substrate is capable of structural support or attachment of new Work being applied or attached. C.Examine and verify specific conditions described in individual Specification Sections. 01770 - 9 D.Verify that utility services are available with correct characteristics and in correct locations. 3.2 PREPARATION A.Clean substrate surfaces prior to applying next material or substance according to manufacturer's instructions. B.Seal cracks or openings of substrate prior to applying next material or substance. C.Apply manufacturer-required or -recommended substrate primer, sealer, or conditioner prior to applying new material or substance in contact or bond. 3.3 EXECUTION A.Comply with manufacturer's installation instructions, performing each step in sequence. Maintain one set of manufacturer's installation instructions at Project Site during installation and until completion of construction. B.When manufacturer's installation instructions conflict with Contract Documents, request clarification from Engineer before proceeding. C.Verify that field measurements are as indicated on approved Shop Drawings or as instructed by manufacturer. D.Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement. 1.Secure Work true to line and level and within specified tolerances, or if not specified, industry-recognized tolerances. 2.Physically separate products in place, provide electrical insulation, or provide protective coatings to prevent galvanic action or corrosion between dissimilar metals. 3.Exposed Joints: Provide uniform joint width and arrange to obtain best visual effect. Refer questionable visual-effect choices to Engineer for final decision. E.Allow for expansion of materials and movement of structures. F.Climatic Conditions and Project Status: Install each unit of Work under conditions to ensure best possible results in coordination with entire Project. 1.Isolate each unit of Work from incompatible Work as necessary to prevent deterioration. 2.Coordinate enclosure of Work with required inspections and tests to minimize necessity of uncovering Work for those purposes. G.Mounting Heights: Where not indicated, mount individual units of Work at industry recognized standard mounting heights for particular application indicated. 1.Refer questionable mounting heights choices to Engineer for final decision. 01770 - 10 2.Elements Identified as Accessible to Handicapped: Comply with applicable codes and regulations. H.Adjust operating products and equipment to ensure smooth and unhindered operation. I.Clean and perform maintenance on installed Work as frequently as necessary through remainder of construction period. Lubricate operable components as recommended by manufacturer. 3.4 CUTTING AND PATCHING A.Employ skilled and experienced installers to perform cutting and patching. B.Submit written request in advance of cutting or altering elements affecting: 1.Structural integrity of element. 2.Integrity of weather-exposed or moisture-resistant elements. 3.Efficiency, maintenance, or safety of element. 4.Visual qualities of sight-exposed elements. 5.Work of Owner or separate contractor. C.Execute cutting, fitting, and patching including excavation and fill to complete Work and to: 1.Fit the several parts together, to integrate with other Work. 2.Uncover Work to install or correct ill-timed Work. 3.Remove and replace defective and nonconforming Work. 4.Remove samples of installed Work for testing. 5.Provide openings in elements of Work for penetrations of mechanical and electrical Work. D.Execute Work by methods to avoid damage to other Work and to provide proper surfaces to receive patching and finishing. E.Cut masonry and concrete materials using masonry saw or core drill. F.Restore Work with new products according to requirements of Contract Documents. G.Fit Work tight to pipes, sleeves, ducts, conduits, and other penetrations through surfaces. H.Maintain integrity of wall, ceiling, or floor construction; completely seal voids. I.Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection; for assembly, refinish entire unit. J.Identify hazardous substances or conditions exposed during the Work to Engineer for decision or remedy. 01770 - 11 3.5 PROTECTING INSTALLED CONSTRUCTION A.Protect installed Work and provide special protection where specified in individual Specification Sections. B.Provide temporary and removable protection for installed products. Control activity in immediate Work area to prevent damage. C.Prohibit traffic from landscaped areas. 3.6 FINAL CLEANING A.Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains, and foreign substances; polish transparent and glossy surfaces. B.Clean equipment and fixtures to sanitary condition with appropriate cleaning materials. C.Replace filters of operating equipment. D.Clean debris from drainage systems. E.Clean Site; sweep paved areas, rake clean landscaped surfaces. F.Remove waste and surplus materials, rubbish, and construction facilities from Site. END OF SECTION 02220 - 1 SECTION 02220 SITE CLEARING PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1.Removing surface debris. 2.Removing abandoned utilities. 3.Excavating topsoil. 1.2 SUBMITTALS A.Section 013300 - Submittal Procedures: Requirements for submittals. B.Product Data: Submit data for herbicide. Indicate compliance with applicable codes for environmental protection. 1.3 QUALITY ASSURANCE A.Conform to applicable code for environmental requirements and disposal of debris. B.Perform Work in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction and as shown and specified herein. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 EXAMINATION A.Administrative Requirements: Verification of existing conditions before starting work. B.Verify existing plant life designated to remain is tagged or identified. C.Identify waste area and salvage area for placing removed materials. 3.2 PREPARATION A.Contractor shall contact Sunshine 811 for location of existing utilities at 811 or 1-800- 432-4770 a minimum of 48 hours prior beginning Work. 1.Request underground utilities to be located and marked within and surrounding construction areas. 02220 - 2 3.3 PROTECTION A.Locate, identify, and protect utilities indicated to remain, from damage. B.Protect trees, plant growth, and features designated to remain. C.Protect benchmarks, survey control points, and existing structures from damage or displacement. 3.4 REMOVAL A.Remove debris, rock, and extracted plant life from Site. B.Partially remove paving, curbs, sidewalks, and other existing features as indicated on Drawings. Neatly saw cut concrete edges at right angle to surface. C.Remove abandoned utilities as shown. Indicated removal termination point for underground utilities on Record Documents. D.Continuously clean-up and remove waste materials from site. Do not allow materials to accumulate on site. E.Do not burn or bury materials on site. Leave site in clean condition. 3.5 TOPSOIL EXCAVATION A.Excavate topsoil from areas as shown to be further excavated, landscaped, or regraded, without mixing with foreign materials for use in finish grading. B.Do not excavate wet topsoil. C.Stockpile topsoil in storage piles in areas shown, or where otherwise approved by Engineer. Construct storage piles to freely drain surface water. Cover storage piles to prevent windblown dust. D.Remove excess topsoil not intended for reuse from Site. END OF SECTION 02419 - 1 SECTION 02419 DEMOLITION PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1.Preparation. 2.Salvage requirements. 3.Demolition. 1.2 SUBMITTALS A.Section 01330 - Submittal Procedures: Requirements for submittals. B.Demolition Schedule: Indicate overall schedule and interruptions required for utility and building services. C.Shop Drawings: 1.Indicate demolition and removal sequence. 2.Indicate location of items designated for reuse and Owner’s retention. 3.Indicate location and construction of temporary work. 1.3 CLOSEOUT SUBMITTALS A.Section 017000 - Execution and Closeout Requirements: Requirements for submittals. B.Project Record Documents: Accurately record actual locations of capped utilities, concealed utilities discovered during demolition, and subsurface obstructions. 1.4 QUALITY ASSURANCE A.Conform to applicable codes and regulations for demolition work, dust control, and products requiring electrical disconnection and re-connection. B.Conform to applicable codes and regulations for procedures when hazardous or contaminated materials are discovered. C.The Contractor shall obtain required permits from authorities having jurisdiction. D.Perform Work in accordance with federal, state, and local regulations. 1.5 SEQUENCING A.Section 011000 - Summary: Requirements for sequencing. 02419 - 2 B.Owner may conduct salvage operations before demolition begins to remove materials Owner chooses to retain. 1.6 SCHEDULING A.Administrative Requirements: Requirements for scheduling. B.Schedule Work to coincide with new construction. C.Cooperate with Owner in scheduling noisy operations and waste removal that may impact Owners operation in adjoining spaces. 1.7 PROJECT CONDITIONS A.Conduct demolition to minimize interference with adjacent facilities. B.Cease operations immediately if structure appears to be in danger and notify Engineer. Do not resume operations until directed. PART 2 - PRODUCTS (NOT USED) 2.1 PART 3 - EXECUTION 3.1 PREPARATION A.Notify affected utility companies before starting work and comply with applicable requirements. B.Mark location and termination of utilities. C.Layout cuts in post tensioned concrete elements to avoid cutting concrete within 12 inches of any stressing tendon. Notify Engineer five (5) days in advance of cutting post- tensioned concrete. D.Erect and maintain weatherproof closures for exterior openings. E.Provide and maintain temporary measures to prevent spread of dust, odors, and noise. F.Prevent movement of existing structures, utilities, or other facilities pertaining or adjacent to demolition activities; provide temporary bracing and shoring required. G.Do not close or obstruct building egress path. 02419 - 3 3.2 SALVAGE REQUIREMENTS A.Coordinate with Owner to identify components and equipment required to be removed and delivered to Owner. B.Tag components and equipment Owner designates for salvage. C.Protect designated salvage items from demolition operations until items can be removed. D.Carefully remove components and equipment indicated to be salvaged. E.Disassemble as required to permit removal. F.Package small and loose parts to avoid loss. G.Mark equipment and packaged parts to permit identification and consolidation of components of each salvaged item. H.Prepare assembly instructions consistent with disassembled parts. Package assembly instructions in protective envelope and securely attach to each disassembled salvaged item. I.Deliver salvaged items to Owner. Obtain signed receipt from Owner. 3.3 DEMOLITION A.Conduct demolition and/or removal operations, and the removal of equipment and debris to ensure minimum interference with roadways, walkways, and parking areas both onsite and offsite, and to ensure minimum interference with occupied or used facilities. B.Coordinate demolition activities to minimize impacts with Owner’s operations. C.Maintain protected egress from and access to adjacent existing buildings and parking areas at all times. D.Do not close or obstruct roadways, driveways, parking areas, or sidewalks without prior written approval from the Engineer. E.Cease operations immediately when any structure or facility appears to be in danger and notify Engineer. F.Partial demolition of existing concrete structures and slabs shall include saw cutting in neat, orderly lines. G.Disconnect and remove designated utilities within demolition areas. H.Cap and identify abandoned utilities at termination points when utility is not completely removed. Annotate Record Drawings indicating location and type of service for capped utilities remaining after demolition. 02419 - 4 I.Demolish in orderly and careful manner. Protect existing improvements and facilities. J.Carefully remove components indicated to be reused. 1.Disassemble components as required to permit removal. 2.Package small and loose parts to avoid loss. 3.Mark components and packaged parts to permit reinstallation. 4.Store components, protected from construction operations, until reinstalled. K.Remove demolished materials from site except where specifically noted otherwise. Do not burn or bury materials on site. L.Remove materials as Work progresses. Upon completion of Work, leave areas in clean condition. M.Remove temporary Work. END OF SECTION 02740 - 1 SECTION 02740 ASPHALT PAVING PART 1 - GENERAL 1.1 SUMMARY A.Section general requirements for asphalt paving. B.Related Requirement: 1.2 REFERENCE STANDARDS A.American Association of State Highway and Transportation Officials: 1.AASHTO M17 - Standard Specification for Mineral Filler for Bituminous Paving Mixtures. 2.AASHTO M29 - Standard Specification for Fine Aggregate for Bituminous Paving Mixtures. 3.AASHTO M140 - Standard Specification for Emulsified Asphalt. 4.AASHTO M208 - Standard Specification for Cationic Emulsified Asphalt. 5.AASHTO M288 - Standard Specification for Geotextile Specification for Highway Applications. 6.AASHTO M320 - Standard Specification for Performance-Graded Asphalt Binder. 7.AASHTO M324 - Standard Specification for Joint and Crack Sealants, Hot Applied, for Concrete and Asphalt Pavements. 8.AASHTO MP1a - Standard Specification for Performance-Graded Asphalt Binder. B.ASTM International: 1.ASTM C1371 - Standard Test Method for Determination of Emittance of Materials Near Room Temperature Using Portable Emissometers. 2.ASTM C1549 - Standard Test Method for Determination of Solar Reflectance Near Ambient Temperature Using a Portable Solar Reflectometer. 3.ASTM D242 - Standard Specification for Mineral Filler For Bituminous Paving Mixtures. 4.ASTM D692 - Standard Specification for Coarse Aggregate for Bituminous Paving Mixtures. 5.ASTM D946 - Standard Specification for Penetration-Graded Asphalt Cement for Use in Pavement Construction. 6.ASTM D977 - Standard Specification for Emulsified Asphalt. 7.ASTM D1073 - Standard Specification for Fine Aggregate for Bituminous Paving Mixtures. 8.ASTM D1188 - Standard Test Method for Bulk Specific Gravity and Density of Compacted Bituminous Mixtures Using Coated Samples 02740 - 2 9.ASTM D2027 - Standard Specification for Cutback Asphalt (Medium-Curing Type). 10.ASTM D2397 - Standard Specification for Cationic Emulsified Asphalt. 11.ASTM D2726 - Standard Test Method for Bulk Specific Gravity and Density of Non-Absorptive Compacted Bituminous Mixtures. 12.ASTM D2950 - Standard Test Method for Density of Bituminous Concrete in Place by Nuclear Methods. 13.ASTM D3381 - Standard Specification for Viscosity-Graded Asphalt Cement for Use in Pavement Construction. 14.ASTM D3515 - Standard Specification for Hot-Mixed, Hot-Laid Bituminous Paving Mixtures. 15.ASTM D3549 - Standard Test Method for Thickness or Height of Compacted Bituminous Paving Mixture Specimens. 16.ASTM D3910 - Standard Practices for Design, Testing, and Construction of Slurry Seal. 17.ASTM D6690 - Standard Specification for Joint and Crack Sealants, Hot Applied, for Concrete and Asphalt Pavements. 18.ASTM E408 - Standard Test Methods for Total Normal Emittance of Surfaces Using Inspection-Meter Techniques. 19.ASTM E903 - Standard Test Method for Solar Absorptance, Reflectance, and Transmittance of Materials Using Integrating Spheres. 20.ASTM E1918 - Standard Test Method for Measuring Solar Reflectance of Horizontal and Low-Sloped Surfaces in the Field. 21.ASTM E1980 - Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low-Sloped Opaque Surfaces. 1.3 SUBMITTALS A.Section 01330 - Submittal Procedures: Requirements for submittals. B.Product Data: 1.Submit proposed design mix for review and approval. Submit for each proposed mix the following: Gradation analysis; Grade of asphalt cement used; Marshall Stability in pounds flow. 2.Provide a single percentage of asphalt by weight of total mix intended to be incorporated in the completed mixture, shown to the nearest 0.1%. For structural mixes (S-1, S-3) establish the optimum asphalt content at a level corresponding to a minimum of 4.5% air voids. For FC-3 mixes, establish optimum asphalt content at a level corresponding to a minimum of 5.0% air voids 3.Submit mix design with laboratory test results supporting design. C.Manufacturer's Certificate: Certify Products meet or exceed specified requirements. 1.4 QUALITY ASSURANCE A.Field compaction density and thickness testing frequencies of the asphalt shall be tested once every 300 linear feet of paving per 24-ft wide strip, staggered left, center and right 02740 - 3 of centerline. Where less than 300 linear feet of asphalt is placed in one day, provide minimum of one test for each per day’s construction at a location designated by ENGINEER. B.Asphalt extraction gradation shall be tested from grab samples collected once every 1800 square yards of asphalt delivered to the site, or a minimum of once per day. Obtain the results in a timely manner (no later than the end of the day) so that adjustments can be made if necessary. C.On initial use of a Type S or FC-3 mix design at a particular plant, as a minimum, run an additional extraction gradation analysis if more than 500 tons [450 metric tons] of mixture are produced on the first day of production. D.Tolerances for Quality Control Tests (Extraction Gradation Analysis) shall be in accordance with FDOT Specification Section 331. E.Perform Work in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 1.5 AMBIENT CONDITIONS A.Do not place asphalt mixture when ambient air or base surface temperature is less than FDOT requirements. B.Apply prime and tack coats when ambient or base surface temperature is above 40 F, and when temperature has been above 35 F for 12 hours immediately prior to application. Do not apply when base is wet, contains excess moisture, or during rain. C.Construct asphaltic concrete paving when ambient temperature is above 45 F. D.Do not spread the mixture when the wind is blowing to such an extent that proper and adequate compaction cannot be maintained or when sand, dust, etc., are being deposited on the surface being paved to the extent that the bond between layers will be diminished. PART 2 - PRODUCTS 2.1 ASPHALT PAVING A.Performance / Design Criteria: 1.This project requires Type S Asphalt Concrete (Type S-1 or S-3). The equivalent fine Type SP (Super pave) Asphalt Concrete mixture (Traffic Level C) meeting the requirements of FDOT Specification Section 334 may be selected as an alternate at no additional cost to the OWNER. The equivalent mixes are as follows: a.Type S-1: Type SP-12.5 b. Type S-3: Type SP-9.5 02740 - 4 B.Asphalt plant and equipment shall meet the requirements in FDOT Specification Section 320. 2.2 ASPHALT MATERIALS: A.Coarse Aggregate, Stone, Slag or Crushed Gravel shall meet the requirements in FDOT Specification Section 901. B.Fine Aggregate shall meet the requirements in FDOT Specification Section 902. C.Aggregate gradation shall meet the following: Bituminous Concrete Mixtures (Gradation Design Range) Type Total Aggregate Passing Sieves1 3/4 inch [19.0 mm] 1/2 inch [12.5 mm] 3/8 inch [9.5 mm] No. 4 [4.75 mm] No. 10 [2.0 mm] No. 40 [425 am] No. 80 [180 am] No. 200 [75 μm] S-14 100 88-98 75-93 47-75 31-53 19-35 7-21 2-6 S-34 100 88-98 60-90 40-70 20-45 10-30 2-6 ABC-1 100 0-12 ABC-2 100 55-90 0-12 ABC- 32 70-100 30-70 20-60 10-40 2-10 FC-23 100 85-100 10-40 4-12 2-5 FC-34 100 88-98 60-90 40-70 20-45 10-30 2-6 1 In inches [mm] or sieves [μm]. 2 100% passing 1 1/2 inch [37.5 mm] sieve. 3 ENGINEER may increase the design range for the No. 10 [2.00 mm] sieve for lightweight ag- gregates. 4ENGINEER may retain up to 1% on the maximum sieve size. D.Use clean aggregate containing no deleterious substances. Do not use coarse or fine aggregate which contains more than 0.5% of phosphate. E.In laboratory tests, and for the purpose of proportioning the paving mixture,consider all material passing the No. 10 [2.00 mm] sieve and retained on the No. 200 [75 μm] sieve as fine aggregate, and the material passing the No. 200 [75 μm] sieve as mineral filler. F.Do not use any screenings in the combination of aggregates containing more than 15% of material passing the No. 200 [75 μm] sieve. When two screenings are blended to produce the screening component of the aggregate, one of such screenings may contain up to 18% of material passing the No. 200 [75 μm] sieve, as long as the combination of 02740 - 5 the two does not contain over 15% material passing the No. 200 [75 μm] sieve. Screenings may be washed to meet these requirements. 2.3 ASPHALT CEMENT A.Superpave PG Asphalt Binder or Recycling Agent shall meet the requirements in FDOT Specification Section 916. B.Mineral Filler shall meet the requirements in FDOT Specification Section 917 C.Marshall design mix shall be in accordance with the following: Marshall Design Properties For Bituminous Concrete Mixes Mix Type Minimum Marshall Sta- bility (lbs.) Flow* (0.01 in) Minimum VMA (%) Air Voids (%) Minimum Effec- tive Asphalt Con- tent (%) VFA Filled S-1 1,500 8-13 14.5 4-5 **65-75 S-3 1,500 8-13 15.5 4-6 **65-75 ABC-1 500 7-15 15 5-16 6.0 - ABC-2 750 7-15 15 5-14 5.5 - ABC-3 1,000 8-13 14 4-7 **65-78 FC-2 -- ---- FC-3 1,500 8-13 15.5 4-6 **65-75 *The maximum Flow value during production shall not exceed one point more than shown in the Table. **The ratio of the percentage by weight of total aggregate passing the No. 200 sieve to the effective asphalt content expressed as a percentage by weight of total mix shall be in the range of 0.6 to 1.2. 2.4 BITUMINOUS MIXES A.Use a bituminous mixture composed of a combination of aggregate (coarse, fine or mixtures thereof), mineral filler, if required, and bituminous material. Ensure that not more than 20% by weight of the total aggregate used is silica sand or local materials as defined in FDOT Specification Section 902. Size, grade and combine the several aggregate fractions in such proportions that the resulting mixture meet the grading and physical properties of the verified mix design. Specify mix design or mix proportions. Do not include mixing procedures. PART 3 - EXECUTION 3.1 EXAMINATION A.Meet the general construction requirements specified in FDOT Specification Section 330. 02740 - 6 B.Spread the mixture only when the surface upon which it is to be laid has been previously prepared, is intact, firm, and properly cured, and is dry. Do not spread mixture that cannot be finished and compacted during daylight hours. C.Deliver the asphalt cement to the asphalt plant at a temperature not to exceed 350°F and equip the transport tanks with sampling and temperature sensing devices meeting the requirements of FDOT. Maintain the asphalt cement in storage within a range of 230 to 350°F in advance of mixing operations. Maintain constant heating within these limits, and do not allow wide fluctuations of temperature during a day's production. D.Produce a homogeneous mixture, free from moisture and with no segregated materials, that meets all specification requirements for the mixture, including compliance with the Marshall Properties. Also apply these requirements to all mixes produced by the drum mixer process and all mixes processed through a hot storage or surge bin, both before and after storage. 3.2 PREPARATION A.Prior to the laying of the mixture, clean the surface of the base or pavement to be covered of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. B.Where an asphalt mix is to be placed on an existing pavement or old base which is irregular, and wherever the plans indicate, bring the existing surface to proper grade and cross-section by the application of patching or leveling courses. C.Where an asphalt mix is to be placed over a newly constructed surface treatment, sweep and dispose of all loose material from the paving area. D.Paint all structures which will be in actual contact with the asphalt mixture, with the exception of the vertical faces of existing pavements and curbs or curb and gutter, with a uniform coating of asphalt cement to provide a closely bonded, watertight joint. E.Apply a tack coat, as specified in FDOT Specification Section 300, on existing pavement structures that are to be overlaid with an asphalt mix and between successive layers of all asphalt mixes. 3.3 INSTALLATION A.Lay all asphaltic concrete mixtures, including leveling courses, other than adjacent to curb and gutter or other true edges, by the stringline method to obtain an accurate, uniform alignment of the pavement edge. B.For each paving machine operated, use a separate crew, each crew operating as a full unit. CONTRACTOR's Certified Paving Technician in charge of the paving operations may be responsible for more than one crew but must be physically accessible to ENGINEER at all times when placing mix. 02740 - 7 C.Check the depth of each layer at frequent intervals, and make adjustments when the thickness exceeds the allowable tolerance. When making an adjustment, allow the paving machine to travel a minimum distance of 32 feet to stabilize before the second check is made to determine the effects of the adjustment. D.In limited areas where the use of the spreader is impossible or impracticable, CONTRACTOR may spread and finish the mixture by hand. E.Straightedge and back-patch after obtaining initial compaction and while the material is still hot. F.Upon arrival, dump the mixture in the approved mechanical spreader, and immediately spread and strike-off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard [square meter], or the specified thickness, is secured. Carry an excess amount of mixture ahead of the screed at all times. Hand rake behind the machine as required. G.Construct each course in layers of the thickness shown on Roadway and Traffic Design Standards, Index No. 513. H.Before starting any rolling, check the surface; correct any irregularities; remove all drippings, fat sandy accumulations from the screed, and fat spots from any source; and replace them with satisfactory material. Do not skin patch. When correcting a depression while the mixture is hot, scarify the surface and add fresh mixture. 3.4 COMPACTION MIXTURE A.Coverage is the number of times the roller passes over a given area of pavement. Regardless of the rolling procedure used, complete the final rolling before the surface temperature of the pavement drops below 160°F. B.Seal Rolling: Provide two coverages with a tandem steel-wheeled roller (either vibratory or static), weighing 5 to 12 tons, following as close behind the spreader as possible without pick-up, undue displacement, or blistering of the material. Use vibratory rollers in the static mode for layers of 1 inch or less in thickness. C.Intermediate Rolling: Provide five coverages with a self-propelled pneumatic-tired roller, following as close behind the seal rolling operation as the mix will permit. D.Final Rolling: Provide one coverage with a tandem steel-wheeled roller (static mode only), weighing 5 to 12 tons, after completing the seal rolling and intermediate rolling, but before the surface pavement temperature drops below 160°F. E.Operate the self-propelled, pneumatic-tired roller at a speed of 6 to 10 mph. For each roller, do not exceed an area of coverage of 4,000 yd2/h if rolling Type S Asphaltic Concrete; do not exceed an area of coverage of 3,000 yd2/h. 02740 - 8 F.Use a sufficient number of self-propelled pneumatic-tired rollers to ensure that the rolling of the surface for the required number of passes does not delay any other phase of the laying operation and does not result in excessive cooling of the mixture before completing the rolling. In the event that the rolling falls behind, discontinue the laying operation until the rolling operations are sufficiently caught up. G.Use hand tamps or other satisfactory means to compact areas which are inaccessible to a roller, such as areas adjacent to curbs, headers, gutters, manholes, etc. H.Use self-propelled pneumatic-tired rollers to roll all patching and leveling courses. Where placing the initial leveling course over broken concrete pavement, use a pneumatic-tired roller that weighs at least 15 tons. For Type S-3 Asphaltic Concrete leveling courses, use a steel-wheeled roller to supplement the traffic rollers. On other leveling courses, use a steel-wheeled roller to supplement the traffic rollers on all passes after the first pass. I.Do not allow the rollers to deposit gasoline, oil, or grease onto the pavement. Remove and replace any areas damaged by such deposits as directed by ENGINEER. While rolling is in progress, test the surface continuously, and correct all discrepancies to comply with the surface requirements. Remove and replace all drippings, fat or lean areas, and defective construction of any description. Remedy depressions that develop before completing the rolling by loosening the mixture and adding new mixture to bring the depressions to a true surface. Should any depression remain after obtaining the final compaction, remove the full depth of the mixture, and replace the void with sufficient new mixture to form a true and even surface. Correct all high spots, high joints, and honeycombing as directed by ENGINEER. Remove and replace any mixture remaining unbonded after rolling. Correct all defects prior to laying the subsequent course. J.Use a self-propelled pneumatic-tired roller on the first structural layer placed on a milled surface. Compact with a minimum of three passes. 3.5 JOINTS A.Place the mixture as continuously as possible. Do not pass the roller over the unprotected end of the freshly laid mixture except when discontinuing the laying operation long enough to permit the mixture to become chilled. When interrupting the laying operation, construct a transverse joint by cutting back on the previous run to expose the full depth of the mat. B.For all layers of pavement except the leveling course, place each layer so that longitudinal construction joints are offset 6 to 12 inches laterally between successive layers. C.When laying fresh mixture against the exposed edges of joints (trimmed or formed as provided above), place joint in close contact with the exposed edge to produce an even, well-compacted joint after rolling. 02740 - 9 3.6 SURFACE REQUIRMENTS A.Obtain a smooth surface on all pavement courses placed, and then straightedge all intermediate and final courses with a 15 foot rolling straightedge. Furnish a 15 foot [4.572 m] manual straightedge, and make the straight edge available at the job site at all times during the paving operation for checking joints and surface irregularities. B.Produce a finished surface of uniform texture and compaction with no pulled, torn, or loosened portions and free of segregation, sand streaks, sand spots, or ripples. 3.7 TOLERANCES A.Flatness: Maximum variation of 3/16 inch measured with 15-foot straight edge. B.If correction is made by removing and replacing the pavement, remove the full depth of the course and extend at least 50 feet on either side of the defective area for the full width of the paving lane. C.If correction is made by overlaying, cover the length of the defective area and taper uniformly to a featheredge thickness at a minimum distance of 50 feet on either side of the defective area. Extend the overlay the full width of the roadway. Maintain the specified cross slope. ENGINEER may adjust, as necessary, the mix used for the overlay for this purpose. D.Maximum deficiency from the specified thickness as follows: 1.For pavement of a specified thickness of 2½ inches or more: ½ inch 2. For pavement of a specified thickness less than 2 ½ inches: ¼ inch E.Where the deficiency in thickness is: (1) in excess of 3/8 inch for pavement of less than 2½ inches in specified thickness, or (2) in excess of ¾ inch for pavement of specified thickness of 2 ½ inches or more, correct the deficiency either by replacing the full thickness for a length extending at least 50 feet from each end of the deficient area. F.For any case of excess deficiency of the pavement, if approved by ENGINEER for each particular location, correct the deficient thickness by adding new surface material, and compact the material to the same density as the adjacent surface. ENGINEER will determine the area to be corrected and the thickness of new material added. 3.8 REPAIR AND RESTORATION A.Replace pavement or roadway surfaces cut or damaged to equal or better condition than the original, including stabilization, base course, surface course, curb and gutter, and other appurtenances. 02740 - 10 3.9 FIELD QUALITY CONTROL A.Test density of bituminous concrete mixes. Type S-1 and S-3 asphalt are to be a minimum density of 96% of the laboratory density. Include mat density testing only when required by local DOT. END OF SECTION 02920 - 1 SECTION 02920 SEEDING PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1.Fertilizing. 2.Seeding. 3.Mulching. 1.2 REFERENCES A.ASTM International: 1.ASTM C602 - Standard Specification for Agricultural Liming Materials. 1.3 SUBMITTALS A.Section 01330 - Submittal Procedures: Requirements for submittals. B.Product Data: Submit data for seed mix, fertilizer, mulch, and other accessories. 1.4 QUALITY ASSURANCE A.Provide seed mixture in containers showing percentage of seed mix, germination percentage, inert matter percentage, weed percentage, year of production, net weight, date of packaging, and location of packaging. 1.5 DELIVERY, STORAGE, AND HANDLING A.Deliver grass seed mixture in sealed containers. Seed in damaged packaging is not acceptable. B.Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of manufacturer. PART 2 - PRODUCTS 2.1 SEED MIXTURE A.Furnish materials according to existing sod/ seed variety in the affected area. 2.2 ACCESSORIES A.Mulching Material: Oat or wheat straw, free from weeds, foreign matter detrimental to plant life, and dry. Chopped cornstalks are not acceptable. 02920 - 2 B.Fertilizer: Commercial grade; recommended for grass; of proportion necessary to eliminate deficiencies of topsoil, as indicated in analysis. PART 3 - EXECUTION 3.1 EXAMINATION A.Administrative Requirements: Verification of existing conditions before starting work. B.Verify prepared soil base is ready to receive the Work of this section. 3.2 SEEDING A.Do not seed areas in excess of that which can be mulched on same day. B.Do not sow immediately following rain, when ground is too dry, or when winds are over 12 mph. C.Immediately following seeding, apply mulch to thickness of 1/8 inches. Maintain clear of shrubs and trees. D.Apply water with fine spray immediately after each area has been mulched. END OF SECTION 06/01/23 13300-1 PICS GENERAL REQUIREMENTS SECTION 13300 PROCESS INSTRUMENTATION AND CONTROL SYSTEM GENERAL REQUIREMENTS PART 1 GENERAL 1.01 SCOPE OF WORK A.Work includes engineering, furnishing, installing, testing, documenting and placing in operation modifications of the Process and Instrumentation and Control System (PICS) for Winter Springs Florida’s Water Treatment Plant (WTP) No. 3. The modifications are required to accommodate the new generator and provision of a new Variable Frequency Drive for High Service Pump No. 3. B.The overall system general requirements are given in this section. These requirements apply to each additional section of these specifications as noted herein and as specified in the associated sections. C.It is the intent of these Contract Documents that a SYSTEM SUPPLIER be retained by the CONTRACTOR to have overall responsibility for designing, furnishing, interfacing, adjusting, testing, documenting, and starting-up the PICS equipment described in the Contract Documents. The specified intent is to have an experienced firm or entity on-site that will have overall responsibility for making sure the various systems, trades, suppliers, vendors, subcontractors, etc. come together as a complete coordinated system which will reliably perform the specified functions. D.The SYSTEM SUPPLIER shall be subcontracted by and paid by the Contractor and shall be: 1. Rocha Controls. 2.Commerce Controls, Inc. 3.Approved Equal E.The SYSTEM SUPPLIER shall provide all equipment, materials, programming, software, modifications to existing equipment, calibrations and services that are required to successfully interface and interconnect the system and any other control systems and associated equipment that are specified or designated in any drawings or provisions of these specifications for the purpose of providing a fully integrated and functional control system. F.The Contractor shall ensure that the SYSTEM SUPPLIER coordinates closely with suppliers of other specialty equipment. G.Division of Work. It is the ultimate responsibility of the Contractor to furnish a complete and fully operable PICS that reliably performs the specified functions. The Contractor is to assume full responsibility for additional costs, which may result from unauthorized deviations from the specifications. The Contractor is to 06/01/23 13300-2 PICS GENERAL REQUIREMENTS establish the actual division of work with the minimum requirements as specified herein. H.The SYSTEM SUPPLIER shall be responsible for: 1.The final system operation and reliability. The final demonstration tests and training shall be under the on-site supervision of the SYSTEM SUPPLIER. The PICS warranty period shall be through the SYSTEM SUPPLIER 2.Obtaining from the Contractor, the required information on those field elements, equipment starters, valve actuators, chemical feed equipment, local control panels, motor control centers, variable frequency drives, and other control equipment or devices that are required to be interfaced with, but that are not provided with the PICS, in order to provide full system coordination regarding interface, function, testing, and adjustment requirements. 3.Providing accessory devices including furnishing and installation of networking interface cards, interposing relays, control switches and signal converters necessary to perform the intent as described by the control strategies and services necessary to achieve a fully integrated and operational system as shown on the Contract Drawings and defined in the Specifications. 4.In order to insure compatibility between all equipment, it shall be the responsibility of the SYSTEM SUPPLIER to coordinate all interface requirements with mechanical and electrical system suppliers and furnish any signal isolation devices that might be required. 5.Defining the final installation and connection requirements of the PICS at the jobsite through development of interconnection diagrams. 6.Verifying correctness of all final power and signal connections to the PICS. The SYSTEM SUPPLIER shall make final adjustments to and calibrate all field elements provided with the PICS. 7.Ensuring that: a.All components provided under this section are properly installed. b.The proper type, size and number of control wires with their conduits and junction boxes are provided and installed. c.Proper electric power circuits are provided for all components and systems. I.The Contractor shall be responsible for: 1.Including within the electrical subcontractor's scope: a.Termination of field and power wiring to PICS supplied control panels and field elements. Termination shall be made in accordance with final accepted interconnection diagrams developed by the SYSTEM SUPPLIER. The electrical subcontractor shall mark on the interconnect diagram the field wire numbers used for each termination point. The SYSTEM SUPPLIER shall finalize the interconnect diagrams by including these field wire numbers in the final as built version. b.Including within the mechanical subcontractor’s scope installation of any in-line instrumentation. Installation shall be made in 06/01/23 13300-3 PICS GENERAL REQUIREMENTS accordance with the manufacturer’s recommendations and under the direction of the SYSTEM SUPPLIER. c.Equipment storage and protection until installed following the storage and handling instructions recommended by the SYSTEM SUPPLIER. Anti-static and winterization requirements shall be per the SYSTEM SUPPLIER's instructions and the SYSTEM SUPPLIER shall periodically verify that these instructions are followed. d.Incorporating all necessary components into the system. Schedules included in the referenced specification sections do not necessarily indicate the complete component requirements of the PICS. e.Ensuring that the SYSTEM SUPPLIER coordinate work with other Divisions and Sections of the Specifications. f.Requiring the SYSTEM SUPPLIER to observe and advise on the installation of equipment furnished by SYSTEM SUPPLIER and installed by Contractor to the extent required to certify, with the operational check-out tests, that the equipment will perform as required. g.Ensuring that information on equipment provided under other Divisions and needed by the SYSTEM SUPPLIER to coordinate the PICS is provided in a timely manner. J.Equipment found to be defective prior to system acceptance shall be replaced and installed at no additional cost to the OWNER. K.In the bid price, the SYSTEM SUPPLIER shall provide, as a minimum, for obtaining the services of authorized field personnel from the manufacturers of specialty instruments and from the suppliers of application software packages. These personnel shall be on site, if necessary to supervise installation, start-up and checkout of the respective portions of the PICS. 1.02 RELATED WORK A.Specification Section 13325 defines requirements for the PICS Modifications. B.Division 15 – Mechanical. Installation of all mechanical piping and fittings, as well as in-line instruments supplied with and/or for the PICS. C.Division 16 - Electrical. All conduits are provided and installed under Division 16, Electrical. With the exception of certain specified networking and special manufacturer's cables, all wiring and cables are provided and installed under Division 16, Electrical. Division 16 also covers physical installation of the control panels supplied with and/or for the PICS. 1.03 SYSTEM OVERVIEW A.The existing PICS comprises a Modicon Momentum Programmable Logic Controller (PLC) based Process Control Panel (PCP) with front panel mounted EZAutomation Operator Interface Terminal (OIT) and a Remote Telemetry Unit 06/01/23 13300-4 PICS GENERAL REQUIREMENTS (RTU) that connects the site into the OWNER’s existing Supervisory Control and Data Acquisition (SCADA) system. B.The existing PCP provides the following: 1.Automatic control of the two raw water well (Nos. 4 and 5) Constant Speed driven pumps. 2.Automatic control of two Variable Frequency Drive (VFD) driven high service pumps (Nos. 1 and 2) and a Constant Speed driven high service pump no. 3. 3.Automatic start/stop of chemical feed pumps. 4.The raw water well and high service pumps may also be started/stopped remotely via outputs to the PCP from the RTU. 5.Backup relay logic that controls the raw water well high service pumps in the event of automatic control failure. C.The SYSTEM SUPPLIER shall modify the existing PICS as follows: 1.Modify the existing PCP PLC further defined in Specification Section 13325. 2.Connect the existing high service pump No. 3 thermal switch to the existing PLC to detect loss of flow. 3.Modify the PCP components, wiring and PLC programming to accommodate the above loss of flow indication in a similar manner to that provided for existing high service pumps Nos. 1 and 2. 4.Modify the PCP and PLC to accommodate signals for monitoring of the replacement generator and the new VFD for high service pump No. 3 as further detailed in Specification Section 13325. 5.Modify the existing PLC high service pump control strategy and OIT graphics to reflect the change to VFD for high service pump No. 3. 6.Modify the existing iFix SCADA HMI to incorporate new signals and update graphic screens. 7.Back-up relay logic and automatic control of other site equipment remains unchanged. 1.04 SUBMITTALS A.Furnish, as prescribed under the General Requirements, all required submittals covering the items included under this section and its associated sections of the work. B.Submit complete, neat, orderly, and indexed submittal packages. Handwritten diagrams are not acceptable and all documentation submittals shall be made using CADD generated utilities. C.Partial submittals or submittals that do not contain sufficient information for complete review or are unclear will not be reviewed and will be returned by the ENGINEER as not approved. D.Provide all shop-drawing submittals on disk on a USB flash drive. 06/01/23 13300-5 PICS GENERAL REQUIREMENTS 1.05 FINAL SYSTEM DOCUMENTATION A.After the demonstration tests have been completed and as a part of the final acceptance requirements, submit the PICS record drawings. Record drawings shall be corrected for any changes that may have been made up through Substantial Completion: B.Record drawings shall be developed or converted to AutoCAD 2021. Provide copies of all AutoCAD files on a USB flash drive. C.Operating and Maintenance (O&M) Manuals: Provide the specified number of complete sets of three-ring bound O&M manuals in accordance with Division 1. Provide separate manuals for each Specification Section, clearly marked. Include descriptive material, drawings, and figures bound in appropriate places. Include: 1.Cross-references to any 3rd party O&M manuals. These references shall be specific to a particular page or section and not merely a general reference. 2.Additional operating and maintenance instructions in sufficient detail to facilitate the operation, removal, installation, adjustment, calibration and maintenance of each component provided with the PICS. 3.Internal wiring diagrams (not already shown on the panel wiring diagram record drawings) for all components provided in the PICS that clearly show all terminal block number designations and wire numbers. 4.All the submittal data for each component from the approved shop drawing submittals with corrections made on approved as noted items. 5.A USB flash drive containing the shop drawing data in PDF format in the binder sleeve. 6.A USB flash drive containing the PLC and OIT Programs. D.Refer to the individual specification sections of the PICS for final documentation requirements that are in addition to the above. 1.06 QUALITY CONTROL A.The SYSTEM SUPPLIER shall meet all of the requirements of these specifications. B.Component equipment shall be as supplied by one of the manufacturers named in the individual specification sections or, where so noted, approved equal. The design of the PICS is based on the first- named manufacturer's equipment if there is a difference. C.All equipment furnished by the SYSTEM SUPPLIER shall be of the latest and most recent design and shall have overall accuracy as guaranteed by the manufacturer. D.To facilitate the OWNER's operation and maintenance, products shall be of the same major instrumentation MANUFACTURER, with panel-mounted devices of the same type and model as far as possible. 06/01/23 13300-6 PICS GENERAL REQUIREMENTS E.In order to insure the interchangeability of parts, the maintenance of quality, the ease of interfacing between the various subsystems, and the establishment of minimums with regard to ranges and accuracy, strict compliance with the above requirements shall be maintained. F.The SYSTEM SUPPLIER shall designate a single point of contact for interface with the ENGINEER on this project. The ENGINEER reserves the sole right to approve or reject this point of contact. G.The SYSTEM SUPPLIER shall provide, on-site, an experienced project engineer to supervise and coordinate all of the on-site PICS activities. An experienced technician may be provided to assist the project engineer in field element installation, field calibration, and checkout tests. The SYSTEM SUPPLIER's project engineer shall be on- site during the period required to effect all of the critical on-site activities related to the PICS, particularly the software debugging, PICS training, and witnessed testing activities. H.The SYSTEM SUPPLIER's selected project personnel shall meet the following requirements: 1.Project engineer shall have at least 10 years of experience in installing similar systems and shall have a minimum of secondary education in the field of electronics or similar technical discipline. 2.Project technician assisting the project engineer for field element calibration and check out shall have at least five years of experience in installing similar systems. 3.Key staff resumes shall be submitted for ENGINEER’s approval with the Project Plan as further detailed under submittals. 1.07 STANDARDS A.The design, testing, assembly, and methods of installation of the wiring materials, electrical equipment and accessories proposed under this Contract shall conform to the National Electrical Code and to applicable state and local requirements. UL listing and labeling shall be adhered to under this Contract. B.Any equipment that does not have a UL, FM CSA, or other approved testing laboratory label shall be furnished with a notarized letter signed by the supplier stating that the equipment famished has been manufactured in accordance with the National Electric Code and OSHA requirements. C.Any additional work needed resulting from any deviation from codes or local requirements shall be at no additional cost to the OWNER. D.International Society of Automation (ISA) and National Electrical Manufacturers Association (NEMA) standards shall be used where applicable in the design of the PICS. 06/01/23 13300-7 PICS GENERAL REQUIREMENTS E.All equipment used on this project to test and calibrate the installed equipment shall be in calibration at the time of use. Calibration shall be traceable to National Institute of Standards (NIS - formally NBS) calibration standards. 1.08 WARRANTY AND GUARANTEES A.The SYSTEM SUPPLIER shall furnish to the OWNER a written guarantee in accordance with Division 1. B.The SYSTEM SUPPLIER shall guarantee all equipment whether or not of his own manufacture. PART 2 PRODUCTS THIS PART NOT USED PART 3 EXECUTION 3.01 SEQUENCE OF WORK A.Coordination Meetings: In order to ensure timely performance of the Contract and the system's conformance with these specifications, coordination meetings shall be held at a mutually agreed location. The first meeting will be held 30 days after award of the Contract to the Contractor. The Contractor and SYSTEM SUPPLIER shall provide for their attendance at this meeting in their quotation. A schedule for additional coordination meetings (approximately one each month) will be derived at this initial meeting for periodic update, coordination, and conflict resolution during the project duration. 1.Prerequisite Activities and Lead Times: Do not start the following key project activities until the listed prerequisite activities have been completed and lead times have been satisfied. 2.Hardware Purchasing, Fabrication, and Assembly: Associated design related submittals completed (no exceptions, or approved as noted). 3.Shipment: Completion and approval of all design related submittals. 4.Startup: Operational Checkout Tests. 5.OWNER Training: Owner Training Plan completed and O&M manuals delivered. 6.Demonstration Tests: Operational Check-out Tests, Startup, OWNER Training, and Demonstration Test Procedures must be complete. Give 4 weeks' notice prior to the planned test start date. B.Material and Equipment Installation: Install the PICS in locations indicated on the Drawings and follow manufacturers' installation instructions explicitly, unless otherwise indicated. Wherever any conflict arises between manufacturers' instruction, and these Contract Documents, follow ENGINEER's decision, at no additional cost. Keep a copy of manufacturers' instructions on the jobsite available for review at all times C.Removal or Relocation of Materials and Equipment: Where existing materials and equipment are removed or relocated, remove and deliver to the OWNER all 06/01/23 13300-8 PICS GENERAL REQUIREMENTS materials no longer used unless otherwise directed by the ENGINEER. Repair affected surfaces to conform to the type, quality, and finish of the surrounding surface in a neat and workmanlike manner. Follow any specific instructions given by the ENGINEER. D.Equipment Finish: Provide materials and equipment with manufacturer's standard finish system. Provide manufacturer's standard finish color, except where specific color is indicated. If manufacturer has no standard color, finish equipment with light gray color. E.Cleaning and Touch-up Painting: Keep the premises free from accumulation of waste material or rubbish. Upon completion of work, remove materials, scraps, and debris from premises and from interior and exterior of all devices and equipment. Touch-up scratches, scrapes, or chips in interior and exterior surfaces of devices and equipment with finishes matching as nearly as possible the type, color, consistency, and type of surface of the original finish. Clean and polish the exterior of all panels and enclosures upon the completion of the demonstration tests. 3.02 PAYMENTS A.General: All work provided under this Section and its associated Sections for the PICS shall be paid for in accordance with the approved payment Schedule of Values submitted by the General Contractor. The approved Schedule of Values will be the basis for partial payment for work provided for the PICS. B.Partial Payment for Work Completed: The breakdown in the Schedule of Values allows for the partial payment of work completed for the PICS. Before partial payment is considered for approval, each specific activity must be completed. C.Substantial Completion: Substantial Completion for the project is as defined in the General Conditions. However, the following requirements must be fulfilled before consideration will be given for Substantial Completion of the PICS: 1.All PICS submittals have been completed. 2.The PICS has successfully completed the Demonstration Tests. 3.The required Owner Training Plan has been implemented. 4.All spares, expendables, and test equipment have been received by OWNER. D.Final Acceptance: PICS final acceptance is defined as the date when the ENGINEER issues a written notice of final acceptance. For this Section, the following must have been completed before consideration will be given to the issuance of notice of final acceptance: 1.All punch-list items have been checked off. 2.Revisions to the PICS O&M Manuals have been made (that may have resulted from the Demonstration Tests). 06/01/23 13300-9 PICS GENERAL REQUIREMENTS E.Partial Payment Limits: The partial payments for work provided for the PICS shall satisfy the following limiting criteria (percents of the lump sum pay item for the PICS): 1.Submittals (not including PICS O&M Manuals)15% (maximum) 2. Training 5% (minimum) 3.PICS O&M Manuals 5% (minimum) 4.Demonstration Tests 10% (minimum) 3.03 PRODUCT HANDLING A.Store and protect equipment until installation following the storage and handling instructions recommended by the equipment manufacturers. Place special emphasis on proper anti-static protection of sensitive equipment. B.Protection During Construction: Throughout this Contract, provide protection for materials and equipment against loss or damage and from the effects of weather. Prior to installation, store items in indoor, dry locations. Provide heating in storage areas for items subject to corrosion under damp conditions. Provide covers for panels and other elements that may be exposed to dusty construction environments. Specific storage requirements shall be in accordance with the SYSTEM SUPPLIER's recommendations. C.Corrosion Protection: Protect all consoles, panels, enclosures, and other equipment containing electrical or instrumentation and control devices, including spare parts, from corrosion through the use of corrosion-inhibiting vapor capsules. Prior to shipment, include capsules in the shipping containers, and equipment as recommended by the capsule manufacturer. During the construction period, periodically replace the capsules in accordance with the capsule manufacturer's recommendations. Replace all capsules just prior to Final Acceptance. D.ESD Protection: Provide for the proper handling, storage, and environmental conditions required for the PICS components deemed static sensitive by the equipment manufacturer. The components of the Data Acquisition and Control System (DACS) shall be protected in particular. Utilize anti-stat wrist straps and matting during installation of these items to prevent component degradation. Flooring used in the control room shall be reviewed and approved by the SYSTEM SUPPLIER. E.Adequately pack manufactured material to prevent damage during shipping, handling, storage and erection. Pack all material shipped to the project site in a container properly marked for identification. Use blocks and padding to prevent movement. F.Ship materials that must be handled with the aid of mechanical tools in wood- framed crates. G.Ship all materials to the project site with at least one layer of plastic wrapping or other approved means to make it weatherproof. Anti-stat protection shall be provided for all sensitive equipment. 06/01/23 13300-10 PICS GENERAL REQUIREMENTS H.Inspect the material prior to removing it from the carrier. Do not unwrap equipment until it is ready to be installed. If any damage is observed, immediately notify the carrier so that a claim can be made. If no such notice is given, the material shall be assumed to be in undamaged condition, and any subsequent damage that is discovered shall be repaired and replaced at no additional expense to the OWNER. I.The Contractor shall be responsible for any damage charges resulting from the handling of the materials. 3.04 INSTALLATION A.Install materials and equipment in a workmanlike manner utilizing craftsmen skilled in the particular trade. Provide work, which has a neat and finished appearance. Coordinate I&C work with the OWNER and work of other trades to avoid conflicts, errors, delays, and unnecessary interference with operation of the existing plant during construction. B.Provide finish on instruments and accessories that protects against corrosion by the elements in the environment in which they are to be installed. Finish both the interior and exterior of enclosures. Provide extra paint of each color used in the material from the manufacturer for touch-up purposes. C.Ground each analog signal shield on one end at the receiver end only. Properly ground all surge and transient protection devices. Coordinate grounding system with Division 16, Electrical. D.For the purposes of uniformity and conformance to industry standard, provide analog signal transmission modes of electronic 4-20 ma DC. No other signal characteristics are acceptable. E.Fully isolate outputs for transmitted electronic signals between transmitters and receivers, equipment of different manufacturers and between control panels to conform to ISA Standard S 50. 1. F.Discrete signal are two-state logic signals. Use 120V ac sources on all discrete signals unless otherwise noted or shown. G.Surge Protection: Provide appropriately sized electrical transient protection devices for all electrical elements of the system to protect the PICS equipment and equipment which interfaces with the PICS from transient surges in power and signal wiring (from lightning and other ground potential differences). Locate and properly ground surge suppressors at: any connection between power sources and electrical equipment including panels, assemblies, and field devices; and at both ends of all analog signal circuits. 06/01/23 13300-11 PICS GENERAL REQUIREMENTS 3.05 TESTING - GENERAL A.All elements of the PICS, both hardware and software, shall be tested to demonstrate that the total system satisfies all of the requirements of the Contract Documents B.As a minimum, the testing shall include shop tests, operational check-out tests, and Demonstration Tests. C.Each test shall be in the cause and effect format. The person conducting the test shall initiate an input (cause) and, upon the system producing the correct result (effect), the specific test requirements will have been satisfied. D.All tests shall be conducted in accordance with, and documented on, prior approved procedures, forms, and checklists. Each specific test to be performed shall be described and a space provided after it for signoff by the appropriate party after its satisfactory completion. Copies of these signoff test procedures, forms, and checklists will constitute the required test documentation. E.Provide all special testing materials and equipment. Wherever possible, perform tests using actual process variables, equipment, and data. Where it is not practical to test with real process variables, equipment, and data, provide suitable means of simulation. Define these simulation techniques in the test procedures. F.The SYSTEM SUPPLIER shall coordinate all of their testing with the Contractor, the ENGINEER, all affected suppliers, and the OWNER. G.The ENGINEER reserves the right to test or retest any and all specified functions whether or not explicitly stated in the approved test procedures. The ENGINEER's decision shall be final regarding the acceptability and completeness of all testing. 3.06 OPERATIONAL READINESS TESTS (ORT) A.Prior to startup and demonstration testing, certify that the entire installed PICS (inspected, tested and documented) is ready for operation. These inspections and tests shall include Loop/Component inspections and tests. The SYSTEM SUPPLIER shall fully debug problems in the system as a whole. Final approval of control software will not be based on written descriptions of software functions alone, but on actual performance in the field. B.Check the entire PICS for proper installation, calibration and adjustment on a loop-by-loop and component-by-component basis to ensure that it is in conformance with related submittals and the PICS Specifications. C.Witnessing: These inspections and tests do not require witnessing. However, the ENGINEER will review the Loop Status Sheets and Component Calibration Sheets and spot-check their entries periodically and upon completion of the Operational Check-out Tests. Correct any deficiencies found. 06/01/23 13300-12 PICS GENERAL REQUIREMENTS D.Final Documentation: The completed reports and sheets shall be assembled in one document and submitted together with a completed Manufacturer's Check- Out Certification as specified in Division 1. 3.07 FIELD ACCEPTANCE TEST (FAT) A.Once the PICS has passed the ORT, the SYSTEM SUPPLIER shall perform a witnessed Field Acceptance Test (FAT) on the complete PICS. The FAT shall demonstrate that the PICS is operating and in compliance with the Contract requirements. Each specified function shall be demonstrated on a paragraph-by-paragraph, and site-by-site basis. B.Prior to the FAT, the entire installed PICS shall be certified in writing by the CONTRACTOR that it is ready for operation. C.The system shall operate for a continuous 100 hours without failure before this test will be considered successful. D.The FAT shall cover the entire PICS, including control functions, alarms, and status monitoring. Test procedures used for factory tests may be adopted for these tests if modified as required. 3.08 30-DAY SITE ACCEPTANCE TEST (SAT) A.After completion of the Field Acceptance Tests, the entire system shall operate for a period of 30 consecutive days, under conditions of full plant process operation, without a single non-field repairable malfunction. B.Provide complete O&M Manuals for the PICS at the jobsite at least two weeks prior to the SAT. C.During this test, plant operating and SYSTEM SUPPLIER personnel shall be present as required. The SYSTEM SUPPLIER is expected to provide personnel for this test who have an intimate knowledge of the hardware and software of the system. D.While this test is proceeding, the OWNER shall have full use of the system. Only plant operating personnel shall be allowed to operate equipment associated with live plant processes. E.Any malfunction during the tests shall be analyzed and corrections made by the SYSTEM SUPPLIER. The ENGINEER and/or OWNER will determine whether any such malfunctions are sufficiently serious to warrant a repeat of this test. F.Any malfunction, during this 30 consecutive day test period, which cannot be corrected within 24 hours of occurrence by the SYSTEM SUPPLIER's personnel, or more than two similar failures of any duration, will be considered as a non-field-repairable malfunction. G.Upon completion of repairs, by the SYSTEM SUPPLIER, the test shall be repeated as specified herein. 06/01/23 13300-13 PICS GENERAL REQUIREMENTS H.In the event of rejection of any part or function, the SYSTEM SUPPLIER shall perform repairs or replacement within 90 days. I.All data base errors must be corrected prior to the start of each test period. The 30-day test will not be considered successful until all databases are correct. J.The total availability of the system shall be greater than 99.5 percent during this test period. 1.Availability is given by “(Total Time-Down Time) / Total Time". 2.Down times due to power outages or other factors outside the normal protection devices or back-up power supplies provided, shall not contribute to the availability test total or down times above. K.Upon successful completion of the 30-day Site Acceptance Test and subsequent review and approval of complete system final documentation, the system shall be considered substantially complete and the warranty period shall commence. END OF SECTION 06/01/23 13300-14 PICS GENERAL REQUIREMENTS THIS PAGE INTENTIONALLY LEFT BLANK 6/1/23 13325-1 PICS MODIFICATIONS SECTION 13325 PROCESS AND INSTRUMENTATION CONTROL SYSTEM MODIFICATIONS PART 1 GENERAL 1.01 SCOPE OF WORK A.This Specification Section covers work related to modification of the existing Process Control Panel (PCP) B.The Work, as specified herein, shall be furnished by the same SYSTEM SUPPLIER furnishing services and equipment as outlined in 13300. C.The SYSTEM SUPPLIER may duplicate software logic code as required, while still meeting the functional specifications. All engineering development required by the SYSTEM SUPPLIER will be in accordance with the Conditions of this Contract. 1.02 RELATED WORK A.Specification Section 13300 defines general requirements associated with the Work. PART 2 PRODUCTS THIS PART NOT USED PART 3 EXECUTION 3.01 SYSTEM INPUTS AND OUTPUTS A.Table 13325-01 below lists the existing PLC inputs and outputs. Signals to be added for the new high service pump No. 3 VFD and generator are shown in bold text. Table 13325-01 PLC Inputs/Outputs Tag Description Type Range Units Off Status On Status WP4_MF Well Pump No.4 Motor Fail DI NORMAL FAIL WP4_MR Well Pump No.4 Motor Running DI OFF RUNNING WP5_MF Well Pump No.5 Motor Fail DI NORMAL FAIL WP5_MR Well Pump No.5 Motor Running DI OFF RUNNING HSP1_MF High Service Pump No.1 Motor Fail DI NORMAL FAIL HSP1_MR High Service Pump No.1 Motor Running DI OFF RUNNING HSP2_MF High Service Pump No.2 Motor Fail DI NORMAL FAIL HSP2_MR High Service Pump No.2 Motor Running DI OFF RUNNING CL2_Leak Chlorine Leak Alarm DI NORMAL ALARM 6/1/23 13325-2 PICS MODIFICATIONS Table 13325-01 PLC Inputs/Outputs Tag Description Type Range Units Off Status On Status CL2_Low_res Chlorine Low Residual Alarm DI NORMAL LOW GST_Int Ground Storage Tank Hatch Intrusion DI NORMAL ALARM ATS_XA ATS Fail DI NORMAL FAIL ATS_Normal ATS in Normal Position DI NORMAL ATS Emergency ATS in Emergency Position DI EMERGENCY Phase Loss Station Power Phase Loss DI NORMAL FAIL PCP_Backup Pump Control Panel in Backup Mode DI NORMAL BACKUP HSP3_MF High Service Pump No.3 Motor Fail DI NORMAL FAIL HSP3_FS High Service Pump No.3 Flow Switch DI FLOW NO FLOW HSP3_MR High Service Pump No.3 Motor Running DI OFF RUNNING HSP3_MFS High Service Pump No.3 Fault Status DI NORMAL FAIL DIST_PSH Distribution Pressure High PS DI NORMAL HIGH DIST_PSL Distribution Pressure Low PS DI NORMAL LOW GST_LSHH Ground Storage Tank High High Level Float DI NORMAL HIGH HIGH GST_LSH Ground Storage Tank High Level Float DI NORMAL HIGH GST_LSL Ground Storage Tank Low Level Float DI NORMAL LOW GST_LSLL Ground Storage Tank Low Low Level Float DI NORMAL LOW LOW HSP2_FS High Service Pump No.2 Flow Switch DI FLOW NO FLOW GEN_FLS Generator Fuel Level Status DI NORMAL LOW GEN_BLS Generator Battery Level Status DI NORMAL LOW GEN_LEAK Generator Fuel Leak Status DI NORMAL LEAK GEN_FS Generator Fault Status DI NORMAL FAULT Spare DI ALM_LT Station Alarm Light DO NORMAL ALARM Spare DO Spare DO Spare DO WP4_CMD Well Pump No.4 Start Command DO STOP START WP5_CMD Well Pump No.5 Start Command DO STOP START HSP1_CMD High Service Pump No.1 Start Command DO STOP START HSP2_CMD High Service Pump No.2 Start Command DO STOP START PFP1_CMD Phosphate Pump No.1 Start Command DO STOP START PFP2_CMD Phosphate Pump No.2 Start Command DO STOP START CFP1_CMD Chlorine Pump No.1 Start Command DO STOP START CFP2_CMD Chlorine Pump No.2 Start Command DO STOP START Spare DO Spare DO Spare DO HSP3_CMD High Service Pump No.3 Start Command DO STOP START GST_LVL_Raw Ground Storage Tank Level Raw AI 0-23.1 Feet STA_AMPS_Raw Station Current Raw AI 0-600 Amps STA_PWR_Raw Station Power Raw AI 0-100 Dist_Flow_Raw Distribution Flow Raw AI 0-4000 gpm Dist_Press_Raw Distribution Pressure Raw AI 0-150 psi 6/1/23 13325-3 PICS MODIFICATIONS Table 13325-01 PLC Inputs/Outputs Tag Description Type Range Units Off Status On Status HSP3_SI_Raw High Service Pump No.3 Speed Feedback AI 0-100 % Spare AI HSP1_SC_CMD High Service Pump No.1 Speed Command AO 0-100 % HSP2_SC_CMD High Service Pump No.2 Speed Command AO 0-100 % HSP3_SC_CMD High Service Pump No.3 Speed Command AO 0-100 % Spare AO 6/1/23 13325-4 PICS MODIFICATIONS END OF SECTION THIS PAGE INTENTIONALLY LEFT BLANK 06/01/23 16050-1 ELECTRICAL – GENERAL PROVISIONS SECTION 16050 ELECTRICAL – GENERAL PROVISIONS PART 1 - GENERAL 1.01 SCOPE OF WORK A.Furnish all labor, materials, equipment and incidentals required for a complete electrical system at the Water Treatment Plant No. 3 Generator Installation, main breaker and VFD addition in the City of Winter Springs, Florida, hereinafter specified and shown on the Drawings. B.The work, apparatus and materials which shall be furnished under these Specifications and accompanying Drawings shall include all items listed hereinafter and/or shown on the Drawings. Certain equipment will be furnished as specified in other sections of these Specifications which will require wiring thereto and/or complete installation as indicated. All materials necessary for the complete installation shall be furnished and installed by the CONTRACTOR to provide complete power, lighting, communication systems, instrumentation, wiring and control systems as indicated on the Drawings and/or as specified herein. C.The CONTRACTOR shall furnish and install the necessary cables, transformers, power panels, protective devices, conductors, exterior electrical system, etc., to serve motor loads, lighting loads and miscellaneous electrical loads as indicated on the Drawings and/or as specified hereinafter. D.The work shall include complete testing of all equipment and wiring at the completion of the work and making any minor connection changes or adjustments necessary for the proper functioning of the system and equipment. All workmanship shall be of the highest quality; sub-standard work will be rejected. E.Make all field connections to process instrument panels and other control panels furnished under other Divisions of these Specifications. F.For process instrumentation furnish and install all conduit, wire and interconnections between primary elements, transmitters, local indicators and receivers. G.Each bidder or his authorized representatives shall, before preparing his proposal, visit all areas in which work under this division is to be performed and inspect carefully the present installation. The submission of the proposal by this bidder shall be considered evidence that he or his representative has visited the site and noted the locations and conditions under which the work will be performed and that he takes full responsibility for a complete knowledge of all factors governing his work. H.All power interruptions to existing equipment shall be at the Owner's convenience and shall be coordinated seven (7) days prior to the completion of the work. Each interruption shall have prior approval. Power to the water treatment plant facility and operation of the plan shall not be interrupted for longer than 4 hours. I.It is the intent of these Specifications that the electrical system shall be suitable in every way for the service required. All material and all work which may be 06/01/23 16050-2 ELECTRICAL – GENERAL PROVISIONS reasonably implied as being incidental to the work of this Section shall be furnished at no extra cost. 1.02 SERVICE AND METERING A.Permanent electrical power is existing provided at the voltages indicated on the drawings. B.CONTRACTOR shall be responsible for all coordination efforts as required for providing temporary and permanent power. 1.03 CODES, INSPECTION AND FEES A.All material and installation shall be in accordance with the latest edition of the National Electrical Code and all applicable national, local and state codes. B.Pay all fees required for permits and inspections including any charges associated with the service modifications. 1.04 TESTS A.Test all systems and repair or replace all defective work. Make all necessary adjustments to the systems and instruct the Owner's personnel in the proper operation of the systems. B.The following minimum tests and checks shall be made prior to the energizing of electrical equipment. Test shall be by the CONTRACTOR and a certified test report shall be submitted stating that the equipment meets and operates in accordance with the Manufacturer's and job specifications, and that equipment and installation conforms to all applicable Standards and Specifications: 1.Testing and setting of protective relays for calibration and proper operation. 2.Mechanical inspection of all circuit breakers 200 amps and larger to assure proper operation. 3.Motors: Megger to ground each motor winding. Record date, motor temperature, terminal, reading and operator and have Owner representative sign off on each reading. 4.Conductors: Megger to ground prior to termination all 600 volt conductors not used for service conductors. Record the date, conductor, reading and operator and have Owner representative sign off on each reading. 5.Data Base: After equipment suppliers test, calibrations, and inspection, megger all circuits leaving the MCCs and panelboards. Record the date, conductor, circuit condition (i.e. load connected or unconnected), reading and operator and have Owner representative sign off on each reading. 6.Hot Spot Testing: Perform infrared hot spot inspection of the service entrance rated automatic transfer switches, switchboards, power panels, motor control center, lighting panels and associated equipment as soon as determined by the Engineer that representative loads are present. Record the date, gear conditions found, operator and have the Owner's 06/01/23 16050-3 ELECTRICAL – GENERAL PROVISIONS representative who must be present for the inspection sign off in each instance. 7.Miscellaneous: a.Meggering must be done at 1000 VDC for one minute. The ground plane used must be the one established at the main source of energy for conductors, ATS, Switchboards, MCC and panel. The motor frame may be used for the ground plane for motors. b.In the course of construction, it will become necessary to temporarily energize some systems for testing. Confirm that any motor has been meggered prior to connection and testing. Do not leave any motor or system unattended and energized without written authorization. c.An unsuccessful test will be one in which any one of the three megger readings differs from another by more than 25%. Engineer shall determine if cables and/or equipment bussing shall be replaced. 1.05 SLEEVES AND FORMS FOR OPENINGS A.Provide and place all sleeves for conduits penetrating floors, walls, partitions, etc. Locate all necessary slots for electrical work and form before concrete is poured. 1.06 CUTTING AND PATCHING A.All cutting and patching shall be done in a thoroughly workmanlike manner. 1.07 INTERPRETATION OF DRAWINGS A.The Drawings are not intended to show exact locations of conduit runs. B.All three-phase circuits shall be run in separate conduits unless otherwise shown on the Drawings. C.Unless otherwise approved by the Engineer conduit shown exposed shall be installed exposed; conduit shown concealed shall be installed concealed. D.Where circuits are shown as "home-runs" all necessary fittings and boxes shall be provided for a complete raceway installation. E.The CONTRACTOR shall harmonize the work of the different trades so that interferences between conduits, piping, equipment, architectural and structural work will be avoided. All necessary offsets shall be furnished so as to take up a minimum space and all such offsets, fittings, etc., required to accomplish this shall be furnished and installed by the CONTRACTOR without additional expense to the Owner. In case interference develops, the Owner's authorized representative is to decide which equipment, piping, etc., must be relocated, regardless which was installed first. F.Verify with the Engineer the exact locations and mounting heights of lighting fixtures, switches and receptacles prior to installation. 06/01/23 16050-4 ELECTRICAL – GENERAL PROVISIONS G.The locations of equipment, fixtures, outlets, and similar devices shown on the Drawings are approximate only. Exact locations shall be as approved by the Engineer during construction. Obtain in the field all information relevant to the placing of electrical work and in case of any interference with other work, proceed as directed by the Engineer and furnish all labor and materials necessary to complete the work in an approved manner. H.Surface mounted panel boxes, junction boxes, conduit, etc., shall be supported by spacers to provide a clearance between wall and equipment. I.Circuit layouts shown are not intended to show the number of fittings, or other installation details. Furnish all labor and materials necessary to install and place in satisfactory operation all power, lighting, and other electrical systems shown. Additional circuits shall be installed wherever needed to conform to the specific requirements of the equipment. J.The ratings of motors and other electrically operated devices together with the size shown for their branch circuit conductors and conduits are approximate only and are indicative of the probable power requirements insofar as they can be determined in advance of the purchase of equipment. K.All connections to equipment shall be made as shown, specified, and directed and in accordance with the Manufacturer's approved shop drawings, regardless of the number of conductors shown on the Electrical Drawings. 1.08 SIZE OF EQUIPMENT A.Investigate each space in the building where equipment must pass to reach its final location. If necessary, the Manufacturer shall be required to ship his material in sections, sized to permit passing through such restricted areas in the building. B.The equipment shall be kept upright at all times. When equipment has to be tilted for ease of passage through restricted areas during transportation, the Manufacturer shall be required to brace the equipment suitably, to insure that the tilting does not impair the functional integrity of the equipment. 1.09 RECORD DRAWINGS A.As the work progresses, legibly record all field changes on a set of project Contract Drawings. When the project is completed, furnish a complete set of reproducible "As-built" drawings and electronic files (AutoCAD 2021) for the Project Record Documents. These documents shall be 22" x 34" in size. 1.10 COMPONENT INTERCONNECTIONS A.Component equipment furnished under this Specification will not be furnished as integrated systems. CONTRACTOR shall field install and wire completely all components. B.CONTRACTOR shall analyze all systems components and their shop drawings, identify all terminals and prepare drawings and wiring tables necessary for component interconnection. CONTRACTOR shall provide crimp on wire numbers on both ends of all control wiring installed between all panels furnished under this 06/01/23 16050-5 ELECTRICAL – GENERAL PROVISIONS contract. These numbers shall directly relate to the interconnect wiring drawing furnished by the CONTRACTOR and be reflected in the As-built drawings submitted prior to final acceptance of the project. 1.11 SHOP DRAWINGS A.As specified under other sections shop drawings shall be submitted for approval of all materials, equipment, apparatus, and other items as required by the Engineer. B.Shop drawings shall be submitted for the following equipment: 1.Variable Frequency Drive 2.Circuit Breakers 3.Surge Protection Devices 4.Wire and Cable 5.Grounding Systems and ground test reports 6.Conduit Layout Drawings 7.Equipment Racks (with Structural Engineering Certifications) 8.Coordination, Short Circuit and Arc Flash Study C.The Manufacturer name and product designation and catalog data sheet shall be submitted for the following material: 1.Conduit 2.Receptacles 3.Boxes and fittings 4.Switches 5. Lamps 6.Control Relays 7.Grounding Systems Material D.Prior to submittal by the CONTRACTOR, all shop drawings shall be checked for accuracy and contract requirements. Shop drawings shall bear the date checked and shall be accompanied by a statement that the shop drawings have been examined for conformity to Specifications and Drawings. This statement shall also list all discrepancies with the Specifications and Drawings. Shop drawings not so checked and noted shall be returned. E.The Engineer's check shall be only for conformance with the design concept of the project and compliance with the Specifications and Drawings. The responsibility of, or the necessity of, furnishing materials and workmanship required by the 06/01/23 16050-6 ELECTRICAL – GENERAL PROVISIONS Specifications and Drawings which may not be indicated on the shop drawings is included under the work of this Section. F.The responsibility for all dimensions to be confirmed and correlated at the job site and for coordination of this work with the work of all other trades is also included under the work of this Section. G.No material shall be ordered or shop work started until the Engineer's approval of shop drawings has been given. 1.12 MANUFACTURER SERVICES A.Provide Manufacturer services for testing and start-up of the following equipment: 1.Variable Frequency Drive 2.Other items as required by appropriate specification sections. B.The Manufacturer of the above listed equipment shall provide experienced Field Service Engineer to accomplish the following tasks: 1.The equipment shall be visually inspected upon completion of installation and prior to energization to assure that wiring is correct, interconnection complete and the installation is in compliance with the manufacturer's criteria. Documentation shall be reviewed to assure that all Drawings, operation and maintenance manuals, parts list and other data required to check out and sustain equipment operation is available on site. Documentation shall be red-lined to reflect any changes or modifications made during the installation so that the "As-built" equipment configuration will be correctly defined. Spare parts shall be inventoried to assure correct type and quantity. The Manufacturer shall provide written approval that equipment supplied is approved for energization. 2.The Field Service Engineers shall provide engineering support during the energization and check out of each major equipment assembly. They shall perform any calibration or adjustment required for the equipment to meet the Manufacturer's performance specifications. 3.Upon satisfactory completion of equipment test, they shall provide engineering support of system tests to be performed in accordance with Manufacturer's test specifications. 4.Two (2) 4-hour training sessions on operation, and two (2) 4-hour training sessions (one for each system) on maintenance and trouble-shooting procedures shall be provided for the Owner's maintenance personnel. All training shall be conducted at a facility provided by the Owner. The maintenance and trouble-shooting sessions shall be conducted with record "As-built" electrical drawings sufficient for a class of eight personnel. 5.A final report shall be written and submitted to the CONTRACTOR within fourteen days from completion of final system testing. The report shall document the inspection and test activity, define any open problems and 06/01/23 16050-7 ELECTRICAL – GENERAL PROVISIONS recommend remedial action. The CONTRACTOR shall forward a copy of this report to the ENGINEER for approval. 1.13 DEMOLITION A.Remove all electrical work associated with equipment shown to be removed (TBR) except those portions indicated to remain or be reused. Remove all unused exposed conduit and wiring back to point of concealment. Remove unused wiring in concealed conduits back to source (or nearest point of usage). Electrical work to be removed corresponds to the associated mechanical equipment to be removed. B.Where electrical systems pass through the demolition areas to serve other portions of the premises, they shall remain or shall be suitably relocated and the system restored to normal operation. Coordinate outages in systems with the Owner. Where duration of proposed outage cannot be allowed by the Owner, provide temporary connections as required to maintain service. C.All removals and relocations of existing installations cannot be completely detailed on the Drawings. Survey the site before submitting bid proposal. D.Continuous service is required on all circuits and outlets affected by these changes, except where the Owner will permit outage for a specific time. Obtain Owner's written consent before removing any circuit from continuous service. E.Where required to disconnect and/or remove any part of an existing circuit, reconnect that circuit to reestablish service in the remaining portion. F.Remove exposed conduits, wireways, outlet boxes, pull boxes and hangers made obsolete by the alternations, unless specifically designated to remain. Exposed conduits shall be removed back to point of concealment, where they shall be cut and threaded for a cap. A threaded cap shall then be installed. Conduits may be removed back to first coupling if within 3-inches of point of concealment. Cut back in traffic areas to the floor level and patch. G.Repair all walls to “Like new” condition and paint to match existing wall color. 1.14 DISPOSITION OF REMOVED MATERIALS AND EQUIPMENT A.In general, it is intended that all materials and equipment indicated to be removed and disposed of by the CONTRACTOR shall, upon removal, become the CONTRACTOR's property and shall be disposed of off the site by the CONTRACTOR, unless otherwise directed by the Owner. B.Reuse of wire will not be permitted. An exception is the reuse or relocation when wire is part of an existing lighting branch circuit and reuse or relocation is specifically designated and can be accomplished without removing and re-pulling the wire. C.All reusable and salvageable disconnect switches, starters, control devices, control panels and instruments, receptacles, light fixtures, etc. shall be sorted and returned to the Owner. D.All electrical equipment to be salvaged shall be removed and shall be moved by the CONTRACTOR to a location on the site for storage as directed by the Owner. 06/01/23 16050-8 ELECTRICAL – GENERAL PROVISIONS 1.15 CONDUIT LAYOUT DRAWINGS A.In addition to the manufacturer's equipment shop drawings, the Contractor shall submit for the approval, electrical installation working drawings for the overall site work, existing electrical/pump building and all process areas containing the following: 1.Concealed and buried conduit layouts shown on floor plans drawn at not less than 1/4-inch = 1-foot-0-inch scale. The layouts shall include locations of process equipment, distribution panelboard, transformers, lighting panelboard, control panel and equipment, motors, switches, motor starters, large junction or pull boxes, instruments, and any other electrical devices connected to concealed or buried conduits. 2.Plans shall be drawn on high quality reproducible bond, size 34-inch x 22- inch, and shall be presented in a neat, professional manner. 3.Concrete floors and/or walls containing concealed conduits shall not be poured until conduit layouts are approved. 4.Site plan conduit layout drawings shall be at 1" = 20'-0". 5.Note: AutoCAD drawing files are available from the Engineer. 1.16 MATERIALS A.The materials used in all systems shall be new, unused and as hereinafter specified. All materials where not specified shall be of the very best of their respective kinds. Samples of materials or Manufacturer's specifications shall be submitted for approval as required by the Engineer. B.Materials and equipment used shall be Underwriters Laboratories, Inc. listed. C.Electrical equipment shall at all times during construction be adequately protected against mechanical injury or damage by water. Electrical equipment shall not be stored out-of-doors. Electrical equipment shall be stored in dry permanent shelters. If any apparatus has been damaged, such damage shall be repaired by the CONTRACTOR at his own cost and expense. If any apparatus has been subject to possible injury by water, it shall be thoroughly dried out and put through such special tests as directed by the Engineer, at the expense of the CONTRACTOR, or shall be replaced by the CONTRACTOR at his own expense. 1.17 OPERATION AND MAINTENANCE DATA A.Submit complete operations and maintenance data for all equipment furnished under this Division in accordance with Section 01300. The manuals shall be prepared specifically for this installation and shall include all required cuts, Drawings, equipment lists, descriptions, complete part lists, etc. that are required to instruct operating and maintenance personnel unfamiliar with such equipment. 06/01/23 16050-9 ELECTRICAL – GENERAL PROVISIONS 1.18 WARRANTY A.Provide a warranty for all the electrical equipment in accordance with the requirements of other sections, but in no case less than 2 years from date of owner acceptance. 1.19 COORDINATION, SHORT CIRCUIT AND ARC FLASH HAZARD STUDY A.General: 6.The Contractor shall provide a Power System Study and Arc Flash Study for the entire electrical power distribution system as shown on drawing E-03. The studies shall be a totally independent effort to verify adequacy of all of the existing equipment as well as new additions being implemented under these Specifications. The studies shall be prepared by a professional Engineer, registered in the State of Florida, with demonstrated experience in the performance of industrial power system and fault arc hazard analysis. The Engineer may be an employee of an equipment manufacturer or supplier. All work shall be submitted both hard copy and thumb drive. The studies shall be prepared using software SKM power Tools, latest version. The following firms are approved to perform the study: a.Judson Walker P.E., 904-219-0885. Email: jwalkerpe@jwalkerpepa.com b.Industry Electric Design (Main, 678-6127-7507) (Cell, 770-531- 0072 Work), Mr. Don Trawick, P.E. Email: dbt@iedelectric.com c.Approved Equal P.E. licensed in the State of Florida. 7.The Contractor shall provide data necessary to perform the study. This includes feeder cable sizes, approximate feeder length motor data, generator data, existing protective relay settings and any other information relevant to the study. 8.A summary of the short circuit analysis shall be provided to the Contractor at the time shop drawings for all of the new equipment is submitted for approval. 9.The Contractor shall provide complete sets of existing motor control center, existing ATS and new emergency generator shop drawings for use in the studies. B. Scope: 1.The short circuit study shall be in accordance with ANSI Standard C37.010 and C37.13, shall be performed to check the adequacy, and to verify the correct application of circuit protective devices and other system components specified. The study shall address the case when the system is being powered from the normal source as well as from the on-site 06/01/23 16050-10 ELECTRICAL – GENERAL PROVISIONS generating facilities. Minimum as well as maximum possible fault conditions shall be adequately covered in the study. 2.Fault contribution of all motors shall be considered. The Contractor shall be responsible for obtaining all required data of equipment. All back-up calculations shall become part of the final report. The calculations shall be in sufficient detail to allow easy review. 3.The arc flash analysis study shall include the calculations of flash protection boundary limits and the incident energy exposure for the maximum arc producing flash expected from the electrical equipment. The study will determine incident energy exposure level and flash arc protection boundaries for the electrical equipment, based on IEEE-1584 and NFPA- 70E. The study shall be based on the protective device settings and interrupting device clearing time. C.Contents: 1.The study shall include representation of the power company's system, the base quantities selected, impedance source-data, calculation methods and tabulations, one-line and impedance diagrams, conclusions and recommendations. Short-circuit momentary duties, shall be calculated on the basis of an assumed bolted three-phase short circuit at the main breaker, ATS, 480 volt motor control center, distribution panelboard, pertinent branch circuit panelboard, and other significant locations throughout the systems. The short circuit tabulations shall include significant X to R ratios, asymmetry factors, KVA, and symmetrical fault current. 2.A protective device time current coordination study shall be included with coordination plots of key and/or limiting devices, tabulated data, rating, and/or settings selected. The study shall present an Engineering balance between the competing objectives of protection and continuity of service for the system specified, taking into account the basic factors of sensitivity, selectivity and speed. 3.Separate plots shall be provided for each mode, "normal," and, "standby," operation. Maximum fault values shall be shown in each case. Both power sources shown in one plot will not be accepted. 4.Existing protective device settings in key locations shall be reviewed to ensure selectivity under the new conditions. Recommended changes shall be indicated in the report. The Contractor shall be made aware of the required changes immediately. 5.Generator short circuit decrement curves and thermal limit curves shall be included. 6.Required settings for breakers and relays shall be maximized to provide the most effective protection possible whether the system is fed from the normal or emergency source. 06/01/23 16050-11 ELECTRICAL – GENERAL PROVISIONS 7.Tabulations indicating recommended set points for all protective devices shall be provided. This shall include the normal as well as the emergency source. 8.Arc Flash study shall include representation of the calculation methods and tabulations, and a one-line drawing of all identifying equipment included in this study. The complete study shall be turned over to the Owner as per 01420. as part of the study, the Contractor shall affix permanent adhesive non-fading labeling indicating the equipment ID number and required information as required by NFPA 70E. Samples of arc flash warning labels are presented below: Figure 1 06/01/23 16050-12 ELECTRICAL – GENERAL PROVISIONS Figure 2 D.Motor Current-Time Characteristic Curves: 1.A complete independent set of current-time characteristic curves for all 480 volt motor drives indicating coordination between the protective relays and the thermal characteristics of the motor shall be provided. 2.The Contractor shall obtain from the motor supplier, the necessary information to perform the study. Certified curves for, "Safe time vs. current at 100 percent voltage," and "Accelerating time vs. current at 100 percent voltage," shall become part of the final report. E.Motor Starting Study: 1.A motor starting study for all large electric drives to determine voltage dip or power inrush limitations at selected locations due to starting of motors shall be provided. This applies to both the normal and the emergency mode. F.Generator Protective Devices: 1.The study shall address all of the protective devices provided for generator protection. 2.Protective relays requiring settings shall include, but not necessarily limited to: a.Differential b.Overcurrent with voltage restraint c.Ground 06/01/23 16050-13 ELECTRICAL – GENERAL PROVISIONS d.Undervoltage e.Reverse power f.Unbalanced loading and open phase g.Loss of excitation G.General Information for Time-Current Curves Presentation: 1.The coordination plots shall include complete titles, representative one-line diagrams, legends, associated power company's relay or system characteristics, significant motor starting characteristics, complete parameters for power, and substation transformers, and complete operating bands for low-voltage circuit breaker trip devices. 2.The coordination plots shall define the types of protective devices selected, together with the proposed coil taps, time-dial settings and pickup settings required. 3.The short-time region shall indicate the medium voltage relay instantaneous elements, the magnetizing in-rush, and ANSI withstand transformer parameters, the low-voltage circuit breaker instantaneous trip devices, fuse manufacturing to tolerance bands, and significant symmetrical and asymmetrical fault currents. 4.Each primary protective device required for a delta-to-wye connected transformer shall be selected so that the characteristic or operating band is within the transformer parameters; which, where feasible, shall include a parameter equivalent to 58 percent of the ANSI withstand point to afford protection for secondary line-to-ground faults. 5.Low-voltage power circuit breakers shall be separated from each other and the associated primary protective device, where feasible, by a 16 percent current margin for coordination and protection in the event of secondary line-to-line faults. 6.Protective relays shall be separated, where feasible, by a 0.3 second time margin when the maximum three-phase fault flows, to assure proper selectivity. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION 06/01/23 16050-14 ELECTRICAL – GENERAL PROVISIONS THIS PAGE INTENTIONALLY LEFT BLANK 06/01/23 16108-1 MISCELLANEOUS EQUIPMENT SECTION 16108 MISCELLANEOUS EQUIPMENT PART 1- GENERAL 1.01 SCOPE OF WORK A.Furnish and install all miscellaneous equipment as hereinafter specified and as shown on the Drawings. PART 2 - PRODUCTS 2.01 MATERIALS A.Unless otherwise noted, all outdoor enclosures, termination cabinets and junction boxes shall be NEMA 3R 316 stainless steel. NEMA 4X push buttons and pilot lights shall be provided in all weatherproof control panels. B.Enclosed Circuit Breakers: 1.Circuit breaker shall be 480-volt, 3-pole, 65kAIC with full cover interlock. All current carrying parts shall be copper. 2.Enclosure type shall be NEMA 3R 316 stainless steel with copper lugs except as otherwise shown on the Drawings. Enclosure shall be provided with a plastic nameplate, affixed to the enclosure without screws identifying the equipment. 3.Circuit breaker shall be manufactured by the Square D, Eaton or Allen Bradley. 4.Control wiring shall not pass through circuit breaker enclosure. A junction box shall be provided, constructed of the same material as the circuit breaker enclosure, and utilized to separate power and control wiring prior to entering the enclosure. C.Disconnect Switches: 5.Fusible and non-fusible disconnect switches shall be heavy-duty, NEMA type H, quick-make, quick-break, visible blades, 600 volt, 3 pole with full cover interlock. All current carrying parts shall be copper. 6.Enclosure type shall be NEMA 4X 316 stainless steel with copper lugs except as otherwise shown on the Drawings. 7.Switches shall be horsepower rated as manufactured by the Square D, Eaton or Siemens. 8.Control wiring shall not pass through any disconnect enclosure. A junction box shall be provided, constructed of the same material as the disconnect, and utilized to separate power and control wiring prior to the disconnect enclosure. 06/01/23 16108-2 MISCELLANEOUS EQUIPMENT 9.Each disconnect shall be provided with a plastic nameplat, affixed to the enclosure identifying the equipment served. C.Equipment Mounting Stands: 1.Mounting stands shall be custom fabricated from ¼ inch 316 stainless steel plate and 3-inch stainless steel channel, unless otherwise shown on the drawings. 2.All hardware shall be 316 stainless steel. END OF SECTION 06/01/23 16110-1 RACEWAYS AND FITTINGS SECTION 16110 RACEWAYS AND FITTINGS PART 1 - GENERAL 1.01 SCOPE OF WORK A.Furnish and install complete raceway systems as shown on the Drawings and as specified herein. 1.02 APPLICATIONS A.Except where otherwise shown on the Drawings, or hereinafter specified. The following describes the conduit requirements of the project: 1.All exposed raceways shall be in aluminum conduit unless otherwise noted below. 2.Underground power conductors shall be installed in Schedule 80 PVC conduits. 3.All instrumentation circuits (4-20 mA signal wire) shall be installed in Schedule 80 PVC conduit with a #8 ground wire. 4.Conduit spacers shall be provided for underground conduit installation. B.All conduit of a given type shall be the product of one manufacturer. C.Unless otherwise hereinafter specified or shown on the Drawings, all boxes installed outdoors shall be NEMA 3R 316 gauge stainless steel. All boxes installed indoors, not in corrosive areas, shall be aluminum construction NEMA 1 rated. D.Exposed switch, outlet and control station boxes and fittings shall be aluminum where installed in “noncorrosive” indoor areas, stainless steel where outdoors, and nonmetallic where installed in corrosive areas where located in NEMA 4. E.Concealed switch, outlet and control station boxes shall be pressed steel. Terminal boxes, junction boxes, pull boxes, etc., installed outdoors shall be NEMA 4X stainless steel. Boxes installed indoors in non-corrosive areas shall be aluminum construction. NEMA rating for the PVC boxes shall be as shown on the drawings. Boxes installed in “corrosive” areas shall be nonmetallic. Hardware shall be 316 stainless steel. PART 2 - PRODUCTS 2.01 MATERIALS A.Rigid Metal Conduit 1.Rigid metal conduit shall be for use under the provisions of NEC Article 344. 06/01/23 16110-2 RACEWAYS AND FITTINGS 2.Rigid steel conduit interior and exterior shall be hot-dipped galvanized after threading and be as manufactured by the Allied Tube and Conduit Corp., Wheatland Tube Co., Triangle PWC Inc., or approved equal. 3.Rigid aluminum conduit shall be 6063 alloy and shall be as manufactured by New Jersey Aluminum Corp., AFC Co., VAW of America, Inc., or approved equal. 4.PVC coated rigid steel conduit shall have a 1/50-in thick, polyvinyl chloride coating permanently bonded to hot-dipped galvanized steel conduit and an internal phenolic coating, and shall be plasti-bond 2" as manufactured by Robroy Industries, Triangle PWC Inc., Perma-Cote Industries, or approved equal. B.Rigid Nonmetallic Conduit 1.Rigid nonmetallic conduit shall be for use under the provisions of NEC Article 352. 2.PVC conduit shall be rigid polyvinyl chloride Schedule 80 as manufactured by Carlon, An Indian Head Co., Kraloy Products Co., Inc., Highland Plastics Inc., or approved equal. C.Liquidtight Flexible Metal Conduit, Couplings and Fittings 1.Liquidtight flexible metal conduit shall be for use under the provisions of NEC Article 350. 2.Liquidtight flexible metal conduit shall be Sealtite, Type UA, manufactured by the Anaconda Metal Hose Div., Anaconda American Brass Co., American Flexible Conduit Co., Inc., Universal Metal Hose Co., or approved equal. 3.Fittings used with liquidtight flexible metal conduit shall be of the screw-in type as manufactured by the Thomas and Betts Co., Crouse-Hinds Co., or approved equal. D.Flexible Couplings 1.Flexible couplings shall be as manufactured by the Crouse-Hinds Co., Appleton Electric Co., Killark Electric Manufacturing co., or approved equal. E.Boxes and Fittings: 1.Steel elbows and couplings shall be hot-dipped galvanized. An extra 40 mil PVC protective coating shall be provided when used with PVC coated steel conduit. Joints shall be tapped. 2.Conduit hubs shall be as manufactured by Meyers Electric Products, Inc., Raco Div., Appleton Electric Co., or approved equal. Conduit hubs shall be provided for all outdoor conduit terminations. 3.Conduit wall seals shall be type WSK as manufactured by the O.Z. Electrical Mfg. Co., or approved equal. 06/01/23 16110-3 RACEWAYS AND FITTINGS 4.Conduit wall seals for cored holes shall be type CSML as manufactured by the O.Z./Gedney Co., or approved equal. 5.Conduit wall and floor seals for sleeved openings shall be type CSMI as manufactured by the O.Z./Gedney Co., or approved equal. 6.Conduit sealing bushings shall be O.Z./Gedney Type CSB or approved equal. F.Conduit Mounting Equipment: 1.In dry indoor areas, hangers, rods, backplates, beam clamps, channel, etc. shall be galvanized rigid steel or FRP construction. 2.Channel installed outdoors shall be 304 stainless steel with 304 stainless steel hardware. PART 3 - EXECUTION 3.01 INSTALLATION A.No conduit smaller than 3/4-inch electrical trade size shall be used, nor shall any have more than four 90 degree bends in any one run. Pull boxes shall be provided as required or directed. Minimum size in floor slabs shall be 3/4-inch. B.No wire shall be pulled until the conduit system is complete in all details; in the case of concealed work, until all rough plastering or masonry has been completed; in the case of exposed work, until the conduit system has been completed in every detail. C.The ends of all conduits shall be tightly plugged to exclude dust and moisture while the sites are under construction. D.Conduit supports shall be spaced at intervals as required to obtain rigid construction, but in no case more than as required by the NEC. E.Single conduits shall be supported by means of one-hole pipe clamps in combination with one-screw back plates, to raise conduits from the surface. Multiple runs of conduits shall be supported on trapeze type hangers with steel horizontal members and threaded hanger rods. The rods shall be not less than 5/8-inch diameter. Material type shall be as specified in Section 2. F.Conduit hangers shall be attached to structural steel by means of beam or channel clamps. Where attached to concrete surfaces, concrete inserts of the spot type shall be provided. G.All conduits on exposed work shall be run at right angles to and parallel with the surrounding walls and shall conform to the form of the ceiling. No diagonal runs will be allowed. Bends in parallel conduit runs shall be concentric. All conduit shall be run perfectly straight and true. Conduits not installed in this fashion shall be replaced. H.No unbroken run shall exceed 300 feet in length. This length shall be reduced by 75 feet for each 90 degree elbow. 06/01/23 16110-4 RACEWAYS AND FITTINGS I.Conduit terminating in pressed steel boxes shall have double locknuts and insulated bushings. J.Conduit terminating in gasketed enclosures shall be terminated with conduit hubs. K.Conduit wall seals shall be used for all conduits penetrating walls below grade or other locations shown on the Drawings. L.Liquidtight flexible PVC conduit shall be used for all motor and transformer terminations and other equipment where vibration is present. M.Flexible couplings shall be used in hazardous locations for all motor and transformer terminations and other equipment where vibration is present. N.Conduit stub outs for future construction shall be provided with threaded PVC end caps at each end. O.Galvanized steel conduit entering manholes and below grade pull boxes shall be terminated with grounding type bushings and connected to a 5/8" x 10" rod with a #6 bare copper wire. P.Underground 120 volt circuits (GRS or Schedule 80 PVC) shall be installed directly to the respective distribution panelboard, lighting panels, etc. Stainless steel pull boxes shall be wall mounted on structures to eliminate excessive bends. With prior approval, below grade pull boxes, equal to Brooks #2424 (minimum), with hot dip galvanized covers and frames, may be used. Splices shall not be made in above or below grade pull boxes without prior approval. Q.All field cut threads on galvanized steel conduit shall be cleaned and painted with zinc-rich paint before installing. R.A 4-inch concrete conduit housekeeping pad shall be required for all exposed conduit stub-ups. This applies to ALL exposed conduits installed indoors and outdoors. S.Installation of PVC coated conduit shall be performed in accordance with the Manufacturer’s installation manual. To assure correct installation, the installer shall be certified by the Manufacturer to install coated conduit and provide a valid unexpired installer certification card. T.All clamping, cutting, threading, bending and assembly should be done in accordance with the manufacturer’s recommendation. 3.02 CONDUIT IDENTIFICATION A.Exposed conduits shall be identified at the source, load, and all intermediate components of the raceway system. Examples of intermediate components include but are not limited to junction boxes, pull boxes, condulets, and disconnect switches. Identification shall be by means of an adhesive label with the following requirements: 06/01/23 16110-5 RACEWAYS AND FITTINGS 1.Labels shall consist of an orange background with black text. Text for the label shall be the conduit number as indicated in the conduit and wire schedules. 2.In addition, at the source end of the conduit, a second line of text shall be included to indicate the load equipment name. This second line shall consist of the word “TO:” and the text in the ‘TO’ column of the conduit and wire schedule (e.g. TO: MCC-3). At the load end of the conduit, a second line of text shall be included to indicate the source equipment name. This second line shall consist of the word “FROM:” and the text in the ‘FROM’ column of the conduit and wire schedule (e.g. FROM: MCC-1). This requirement applies only to the source and load ends of the conduit, and not anywhere in between. 3.For conduits ¾” through 1½” in size, the text shall be a minimum 18 point font. For conduits 2” and larger, the text shall be a minimum 24 point font. 4.Label height shall be ¾” minimum, and length shall be as required to fit required text. The label shall be installed such that the text is parallel with the axis of the conduit. The label shall be oriented such that the text can be read without the use of any special tools or removal of equipment. 5.Labels shall be installed after each conduit is installed and, if applicable, after painting. Labels shall be printed in the field via the use of a portable label printing system. Handwritten labels are not acceptable. 6.Labels shall be made of permanent vinyl with adhesive backing as manufactured by Brady, Seton equivalent, Panduit equivalent, or equal. Labels made of any other material are not acceptable. B.Conduits that are not exposed but installed beneath free standing equipment enclosures shall be identified by means of a plastic tag with the following requirements: 1.The tag shall be made of white Tyvek material, and have an orange label with black text, as described above, adhered to it. Text for the label shall be the conduit number as indicated in the conduit and wire schedules. 2.The tag shall be affixed to the conduit by means of a nylon cable tie. The tag shall be of suitable dimensions to achieve a minimum text size of 18 points. 3.Tags shall be White Tyvek as manufactured by Brady, Seton equivalent, Panduit equivalent, or equal. END OF SECTION 06/01/23 16110-6 RACEWAYS AND FITTINGS THIS PAGE INTENTIONALLY LEFT BLANK 06/01/23 16120-1 WIRES AND CABLES SECTION 16120 WIRES AND CABLES PART 1 - GENERAL 1.01 SCOPE OF WORK A.Furnish, install and test all wire, cable, and appurtenances as shown on the Drawings and as hereinafter specified. 1.02 SUBMITTALS A.Samples of proposed wire and cable shall be submitted for approval. Each sample shall have the size, type of insulation and voltage stenciled on the jacket. B.Installed, unapproved wire shall be removed and replaced at no additional cost to the Owner. 1.03 APPLICATIONS A.Wire for lighting and receptacle circuits above grade shall be type THWN-2. B.Wire for all power motor circuits and below grade lighting and receptacle circuits shall be type XHHW-2, stranded. C.Single conductor wire for control, indication and metering shall be type MTW No. 14 AWG, 19 strand or type XHHW No. 14 AWG stranded. D.Multi-conductor control cable shall be No. 14 AWG, 19 strand. E.Wire for process instrumentation or shielded control cable shall be No. 16 AWG, shielded and stranded. F.Cables between the VFD and motor shall be VFD rated cable. 1.04 MINIMUM SIZES A.Except for control and signal leads, no conductor smaller than No. 12 AWG shall be used. PART 2 - PRODUCTS 2.01 MATERIALS A.All wires and cables shall be of annealed, 98 percent conductivity, soft drawn stranded copper conductors. 2.02 600 VOLT WIRE AND CABLE A.Type XHHW-2 shall be cross-linked polyethylene (XLP); as manufactured by the Southwire Co., Collyer Insulated Wire Co., Rome Cable or approved equal. 06/01/23 16120-2 WIRES AND CABLES B.Type THWN-2 shall be as manufactured by the Southwire Co., Collyer Insulated Wire Co., Rome Cable or approved equal. 2.03 VARIABLE FREQUENCY DRIVE (VFD) OUTPUT POWER CABLE: A. Section applies to power cables routed between the output of VFD’s and motor terminals. B. Cable shall be rated for 1000 volts and shall meet the requirements below: 1. Conductors shall be stranded Class B bare copper. 2. All wire shall be brought to the job in unbroken packages and shall bear the data of manufacturing; not older than 12 months. 3. Type of wire shall be XLPE RHH/RHW-2 rated 90 degrees C suitable for wet locations. 4. Provide overall 5 millimeter metallic shield (copper tape shield) overlapped 50%. 5. No wire smaller than No. 12 gauge shall be used unless specifically indicated. 6. Cable construction shall consist of three insulated current-carrying phase conductors and three bare ground conductors, symmetrically placed between the phase conductors, and twisted beneath a continuous overall PVC polymeric jacket. C. Each ground conductor size (circular mil area) shall be one-third (1/3) of the NEC required size (circular mil area) for a single ground conductor. If one third of the required circular mil area does not correspond to a standard size (circular mil area) of construction, the next largest size of standard construction shall be used. All conductors shall be megger tested after installation and insulation must be in compliance with the Insulated Power Cable Engineers Association Minimum Values of Insulation Resistance. D. Manufacturers: 1. Belden 2. Flex 3. Lutze 2.04 INSTRUMENTATION AND CONTROL CABLE A.Process instrumentation wire shall be twisted pair, 600V, cross-linked polyethylene insulated, aluminum tape shielded, polyvinyl chloride jacketed, type "XLP" as manufactured by the American Insulated Wire Co., Eaton Corp. "Polyset," or approved equal. Multi-conductor cables shall be supplied with individually shielded twisted pairs. B.Multi-conductor control cable shall be stranded, 600V, cross-linked polyethylene insulated with PVC jacket, type "XLP" as manufactured by the American Insulated Wire Co., Eaton Corp. "Polyset," or approved equal. 2.05 TERMINATIONS AND SPLICES A.Power Conductors: Terminations shall be die type or set screw type pressure connectors as specified. Splices (where allowed) shall be die type compression connector and waterproof with heat shrink boot or epoxy filling. 06/01/23 16120-3 WIRES AND CABLES B.Control Conductors: Termination on saddle-type terminals shall be wired directly with a maximum of two conductors per termination. Termination on screw type terminals shall be made with a maximum of two spade connectors. Splices (where allowed) shall be made with insulated compression type connectors. Heat shrink boots shall be utilized for all outdoor splices. C.Instrumentation Signal Conductors (including graphic panel, alarm, low and high level signals): Terminations permitted shall be typical of control conductors. Splices are allowed at instrumentation terminal boxes only. D.Except where otherwise approved by the Engineer no splices will be allowed in manholes, handholes or other below grade located boxes. E.Splices shall not be made in push button control stations, control devices (i.e., pressure switches, flow switches, etc.), conduit bodies, etc. PART 3 - EXECUTION 3.01 INSTALLATION A.All conductors shall be carefully handled to avoid kinks or damage to insulation. B.Lubrications shall be used to facilitate wire pulling. Lubricants shall be U.L. listed for use with the insulation specified. C.Shielded instrumentation wire shall be installed from terminal to terminal with no splicing at any intermediate point. D.Shielded instrumentation wire shall be installed as noted in specification section 16110 and pull boxes that contain only shielded instrumentation wire. Instrumentation cables shall be separated from control cables in manholes. E.Shielding on instrumentation wire shall be grounded at one end only, as directed by supplier of the instrumentation equipment. F.Wire and cable connections to terminals and taps shall be made with compression connectors. Connections of insulated conductors shall be insulated and covered. All connections shall be made using materials and installation methods in accordance with instructions and recommendations of the manufacturer of the particular item of wire and cable. The conductivity of all completed connections shall be not less than that of the uncut conductor. The insulation resistance of all completed connections of insulated conductors shall be not less than that of the uncut conductor. G.All wire and cable shall be continuous and without splices between points of connection to equipment terminals, except a splice will be permitted by the Engineer if the length required between the points of connection exceeds the greatest standard shipping length available from the manufacturer specified or approved by the Engineer as the manufacturer of the particular item of wire and cable. H.Steel fish tapes and/or steel pulling cables shall not be used in PVC conduit runs. I.All control and instrumentation circuits and wiring shall be clearly and permanently numbered and labeled at each end so as to identify the location of the opposite end 06/01/23 16120-4 WIRES AND CABLES and the function of the circuit. Individual wires in a multi-wire circuit shall be identified with wire numbers. Labeling shall be in place prior to turnover of any equipment, system or sub-system to Owner. 3.02 TESTS A.All 600-volt wire insulation shall be tested with a meg-ohmmeter after installation. Tests shall be made at not less than 1,000 VDC. Refer to specification section 16050 for additional testing requirements. B.These tests shall be witnessed by the Engineer or Owner representative. A written report shall be submitted to the engineer for review. END OF SECTION 06/01/23 16370-1 VARIABLE FREQUENCY DRIVES SECTION 16370 VARIABLE FREQUENCY DRIVES PART 1 - GENERAL 1.01 SCOPE OF WORK A.Furnish all labor, materials, equipment and incidentals required to furnish and install variable frequency drives as shown on the Drawings and as specified herein. B.These specifications are intended to give a general description of what is required, but do not cover all details which will vary in accordance with the requirements of the equipment furnished. They are, however, intended to cover the furnishing, the shop testing, the delivery and complete installation and field testing, of all materials, equipment and appurtenances for the variable frequency drives herein specified. 1.02 DESCRIPTION OF SYSTEM A.The variable frequency drives shall be furnished by the Division 16 CONTRACTOR and integrated into the control system by the SYSTEM SUPPLIER specified in 13300. The CONTRACTOR is responsible for complete system operation and necessary coordination. B.The variable frequency drives will operate existing motor as shown on the electrical drawings. The drive furnished herein under shall be totally compatible and sized 1 frame size larger than required. i.e. for a 150HP motor, supply a 200HP 240 FLA VFD. 1.The VFD shall be provided with an active filter front end controller. 2.The VFD shall be able to start into a spinning motor. The VFD shall be able to determine the motor speed in any direction and resume operation without tripping. If the motor is spinning in the reverse direction, the VFD shall start into the motor in the reverse direction, bring the motor to a controlled stop, and then accelerate the motor to the preset speed. 3.Maximum dimensions 40” width x 24” depth x 90” height. Installation of the VFDs shall be provided as indicated on the electrical drawings. 1.03 QUALIFICATIONS A.Variable speed drives shall be sized to operate the ampacity shown on the electrical drawings. To assure unit responsibility, all equipment specified in this section of the specifications shall be furnished and coordinated by the CONTRACTOR. The CONTRACTOR shall be responsible for coordinating the sizing of all VFDs. B.The drives covered by these Specifications are intended to be equipment of proven ability as manufactured by reputable manufacturers having long experience in the production of identical units. The equipment furnished shall be designed, constructed and installed in accordance with the best practice and methods, and shall operate satisfactorily when installed. C.The variable frequency control shall operate satisfactorily when connected to a bus supplying other solid state power conversion equipment which may be causing up to 06/01/23 16370-2 VARIABLE FREQUENCY DRIVES 10% total harmonic voltage distortion and commutation notches up to 36,500 volt microseconds, or when other variable frequency drives are operated from the same bus. Individual or simultaneous operation of the variable frequency drives shall not add more than 5% total harmonic voltage distortion to the normal bus, nor more than 10% while operating from standby generator (if applicable) per IEEE 519, latest edition. The load side of the main breaker shall be the point of common coupling (PCC). The short circuit current at point of common coupling under utility operation is approximately 50,000 Amps. A preliminary harmonic (voltage and current) analysis must be submitted by the variable frequency drive manufacturer at bid time, this must include all calculations, simply a statement of compliance is not acceptable. Compliance shall be verified by the variable frequency drive manufacturer with field measurements of the harmonic distortion difference at the point of common coupling with and without variable frequency drives operating. See testing requirements. D.The variable frequency drive manufacturer shall maintain and staff engineering service and repair shops through the United States, including the State of Florida, trained to do start up service, emergency service calls, repair work, service contracts and training of customer personnel. E.The variable frequency drives shall be manufactured by Square D or Toshiba. 1.04 SUBMITTALS A.Copies of all materials required to establish compliance with the specifications shall be submitted. Submittals shall include at least the following: 1.Certified shop and erection drawings showing all important details of construction, dimensions and anchor bolt locations. 2.Descriptive literature, bulletins and/or catalogs of the equipment. 3.Data on the characteristics and performance of the variable frequency drives. Data shall include certification that the variable frequency drives are warranted for use with the motors specified in Division 11 and Division 16. 4.Complete drawings shall be furnished for approval before proceeding with manufacture and shall consists of master wiring diagrams, elementary or control schematics including coordination with other electrical control devices operating in conjunction with the variable frequency drive, and suitable outline drawings with sufficient details for locating conduit stub-ups and field wiring. Generic schematics not specific to this project shall not be acceptable. 5.A list of the manufacturer's recommended spare parts with the manufacturer's current price for each item. Include gaskets, packing, etc. on the list. List bearings by the bearing manufacturer's numbers only. 1.05 OPERATING INSTRUCTIONS (SEE SECTION 01730: OPERATING AND MAINTENANCE DATA) 1.06 TOOLS AND SPARE PARTS A.One (1) set of all special tools required for normal operation and maintenance shall be 06/01/23 16370-3 VARIABLE FREQUENCY DRIVES provided. If no special tools are required then a statement to this effect shall be provided. B.The Contractor shall supply the following spares: 1.One can of touch up paint for the enclosures. 1.07 PRODUCT HANDLING A.All parts shall be properly protected so that no damage or deterioration will occur during a prolonged delay from the time of shipment until installation is completed and the units and equipment are ready for operation. B.All equipment and spare parts must be properly protected against any damage during a prolonged period at the site. C.Factory assembled parts and components shall not be dismantled for shipment unless permission is received in writing from the Engineer. D.Each box or package shall be properly marked to show its net weight in addition to its contents. 1.08 WARRANTY A.Five (5) - year on-site warranty shall be provided such that the owner is not responsible for any warranty costs including travel, labor, parts, or other costs for a full 5 years from the date of manufacture of the Drive. The warranty shall cover all Drive failures including line anomalies – including lightning strikes, load anomalies, accidental exposure to moisture or corrosives and accidental collision of other physical damage; product misapplications, vandalism and chronic problems due to the misapplication are not covered. The cost of the warranty shall be included in the bid. PART 2 - PRODUCTS 2.01 GENERAL A.The CONTRACTOR shall furnish and install complete variable frequency drive systems for. The CONTRACTOR is responsible for the startup of all VFD drives furnished on this project. B.The Contractor shall be responsible for the erection and installation of all equipment defined in this section of the contract documents. C.The variable frequency drive shall be comply with the latest applicable standards of ANSI, NEMA, IEEE, and the National Electric Code. D.Variable frequency drive shall operate as specified on standby generators or normal power sources. E.The CONTRACTOR shall provide a listing of all programmable parameters that are different from the factory default values. For each indicate: 1.The factory default and meaning 06/01/23 16370-4 VARIABLE FREQUENCY DRIVES 2.The revised value and meaning F.The CONTRACTOR shall provide a copy of PC compatible remote programming/ diagnostic software and any required cables to the supplier of the control system. Refer to Division 13. The software shall be able to communicate to the VFDs via a RS485 and an ethernet network connection. 2.02 CONSTRUCTION A.Each variable frequency drive shall consist of a 460V, 3-phase rectifier, DC link and variable frequency inverter with features, functions and options as specified. The inverter shall be voltage source design using pulse width modulation (PWM) techniques. B.The variable frequency drives shall be rated for continuously operating at 1.15 times the full load current of the motor. The variable frequency drives shall be designed to provide continuous speed adjustment of three-phase motors. The variable frequency output voltage shall provide constant volts-per-Hertz excitation to the motor terminals up to 60 Hertz. C.Inverters shall be capable of converting incoming three phase, 460V (+10 to -10%) and 60 Hertz (+/-2) Hertz power to DC bus levels. The DC voltage shall be inverted to an variable frequency output. D.Controllers shall be rated for an ambient temperature of 0oC to 40oC and humidity of 0 to 95% non-condensing. E.VFDs shall have complete front accessibility. All VFD openings shall be filtered. F.The following standard basic control features shall be provided on the inverter: 1.Start, Stop, "Power On" indicating light and speed control potentiometer. Terminations for remote mounted operator control devices shall be furnished. 2.Unidirectional operation, coast to rest upon stop. 3.Variable linear independent timed acceleration. 4.Variable torque performance from 4 to 60 Hertz. 5.All variable frequency drives shall be furnished with 5% input and output power line reactors. 6.Frequency stability of 2% for 24 hours with voltage regulation of +2% of maximum rated output voltage. 7.LCD status indication for Power On, Run, Inverter Enable, Overcurrent, Overvoltage, Overtemperature, Low Supply, and Phase Loss. 8.115V AC control power for operator devices. 9.Phase insensitive to input power. 10. Automatic restart upon return of power following a utility outage. Drive shall 06/01/23 16370-5 VARIABLE FREQUENCY DRIVES require manual reset after three (3) attempts in a 60 second period. G.The following protective features shall be provided on the drive: 1.Input AC circuit breaker with an interlocked, pad lockable handle mechanism and AC input line current limiting fuses for fault current protection of AC to DC converter section and circuit breaker. Minimum short circuit rating of 65,000 AIC shall be provided. 2.Electronic overcurrent trip for instantaneous overload protection. 3.Undervoltage and phase loss protection of output. 4.-frequency protection. 5.Over-temperature protection. 6.Surge protection from input AC line transients. 7.Electrical isolation between the power and logic circuits, as well as between the 115V AC control power and the static digital sequencing. 8.Drive to be capable of withstanding output terminal line short or open circuits without component failure. 9.Output filters with di/dt and dv/dt protection for converter semiconductors. If required by motor lead length. 10. Units shall have an English language (no codes) alphanumeric diagnostic display. LED indication of over frequency, instantaneous overcurrent, DC over voltage, AC undervoltage/loss-of-phase, emergency stop, overload, over temperature, inverter pole trip and standby modes shall be provided and door mounted. Additional door mounted status indicating LEDs for self-diagnostic including run, phase loss, micro-processor fault, as well as board mounted LEDs including one for each inverter pole gating signal, each inverter pole status and each logic level VDC used. A comprehensive microprocessor based digital diagnostic system which monitors its own control functions and displays faults and operating conditions is also approved. H.The following standard independent adjustments shall be provided on the inverter: 1.Minimum speed (12 to 54 HZ). 2.Maximum speed (40 to 60 HZ). 3.Acceleration time 6 to 60 Sec. (minimum). 4.Deceleration time 6 to 60 Sec. (minimum). 5.Volts per Hertz. 6.Stability adjustment, if required. 7.Voltage boost (100 to 600 percent of nominal V/HZ ratio at 1 HZ tapering to 100 06/01/23 16370-6 VARIABLE FREQUENCY DRIVES percent at 20 HZ). I.The following shall be furnished with each controller: 1.Isolated process instrument speed input signal of 4-20 mA DC. 2.Isolated process instrument speed output signal 4-20 mA DC. 3.Relay output auxiliary contacts as shown on the drawings or as required herein, in Division 4.Door-mounted output load ammeter, voltmeter, and speed output indicating meters. 5.Built-in self diagnostics. 6.Relay output auxiliary contacts as shown on the drawings. 7.Local/Off/Remote and Start/Stop selector switches. 8.Input line reactors. 9.All openings in the VFD shall be filtered. J.Stand-alone variable frequency drive enclosures shall be NEMA Type 1, gasketed, filtered, freestanding floor-mounted, force ventilated (with replaceable air filters) construction requiring front access only. Variable frequency drives requiring rear access for any maintenance are not acceptable. The cooling air required to dissipate heat generated by the power electronics shall be isolated from all drive electronics. Variable frequency drives using liquid-cooled assemblies in conjunction with associated pumps, piping, and separate remote mounted exchangers are not acceptable. The inverters and converters shall have complete unobstructed front accessibility with easily removable assemblies. The complete enclosure shall maintain a constant height, width and depth. The height for all floor-mounted enclosures shall be maximum 90" high. The enclosures shall include the integral isolation/phase shift transformer. PART 3 - EXECUTION 3.01 INSTALLATION A.Installation shall be in strict accordance with the manufacturer's instructions and recommendations in the locations shown on the Drawings. Field wiring shall be in accordance with manufacturer's recommendations. Anchor bolts shall be stainless steel and set in accordance with the manufacturer's recommendations. 3.02 SHOP PAINTING A.Prior to shop painting, all surfaces shall be thoroughly cleaned, dry, and free from all mill/scale, rust, grease, dirt, and other foreign matter. B.Drives shall be shop painted. 3.03 TESTING 06/01/23 16370-7 VARIABLE FREQUENCY DRIVES A.Tests and Check 1.The drive manufacturer shall test the drive controller with a motor load prior to shipment. The motor shall have equal or greater full load current than the specified motor. 2.A certified copy of all tests and checks performed in the field, complete with meter readings and recordings, where applicable, shall be submitted to the Owner. B.The SYSTEM SUPPLIER shall provide the services of a competent and experienced equipment manufacturer's factory field engineer to supervise start-up and provide training to the Owner's personnel. The factory field engineer shall be available for one (1) - eight (8) hour day to inspect the installed equipment and supervise the start-up demonstration and testing as specified in Section 01650: Start-up, and additional testing and training as specified herein. The factory field engineer shall be available for two (2) additional eight (8) hour days (a total of three (3) - eight (8) hour days) to provide factory and on-site training to the Owner's personnel as specified herein. Training of the Owner's personnel will only be considered valid for approval by the Engineer if it takes place after the successful start-up and demonstration test. 3.04 TRAINING A.The training and instruction shall be directly related to the System being supplied. B.The Supplier shall provide classroom training detailed manuals to supplement the training courses. The manuals shall include specific details of equipment supplied and operations specific to the project. C.The Supplier shall make use of teaching aids, manuals, slide/video presentations, etc. After the training services, such materials shall be delivered to Owner. D.The training program shall represent a comprehensive program covering all aspects of the variable frequency drive and maintenance of the system. E.All training schedules shall be coordinated with, and at the convenience of the Owner. Shift training may be required to correspond to the Owner's working schedule. F.Factory Training: Factory training shall be conducted before the System is commissioned, and subsequent to final manual submittals. Two days of factory training shall be provided and consist of schooling and hands on experience for two people covering the following: 1.Theory of Operation 2.Use of Software 3.Troubleshooting G.On-site Training: On-site (field) training shall be conducted at the Owner's Plant Site and shall provide detailed hands-on instruction to Owner's personnel covering: system debugging, program modification, trouble-shooting, maintenance procedures, calibration procedures, and system operation. 06/01/23 16370-8 VARIABLE FREQUENCY DRIVES END OF SECTION 06/01/23 16450-1 GROUNDING SYSTEM SECTION 16450 GROUNDING SYSTEM PART 1 - GENERAL 1.01 SCOPE OF WORK A.Furnish and install a complete grounding system in strict accordance with Article 250 of the National Electrical Code and as hereinafter specified and shown on the Drawings. 1.02 RELATED WORK A.Wire shall be as specified under Section 16120. B.Conduit shall be as specified under Section 16110. PART 2 - PRODUCTS 2.01 MATERIALS A.Ground rods: Ground rods shall be copperclad steel 5/8-inch x 20 foot. Ground rods shall be Copperweld or be an approved equal product. Install ground grid as shown on the plans. PART 3 - EXECUTION 3.01 GENERAL A.The service entrance equipment ground bus shall be grounded to the ground grid as indicated on the Drawings. The protecting conduits shall be bonded to the grounding conductor at both ends. The CONTRACTOR shall not allow the water pipe connections to be painted. If the connections are painted, they shall be disassembled and remade with new fittings. B.Ground bus in all distribution panelboard shall be connected to the service entrance equipment ground bus with a No. 1/0 conductor. C.The grounding wire shall, unless otherwise indicated on the drawings, be sized in accordance with Table 250-122 of the National Electrical Code, except that a minimum No. 12 AWG shall be used. D.Grounding electrodes shall be driven as required. Where rock is encountered, grounding plates may be used in lieu of grounding rods. E.All equipment enclosures, motor and transformer frames, conduits systems, cable armor, exposed structural steel and similar items shall be grounded. F.Exposed connections shall be made by means of approved grounding clamps. Exposed connections between different metals shall be sealed with No-Oxide Paint Grade A or approved equal. All buried connections shall be made by welding process equal to Cadweld. 06/01/23 16450-2 GROUNDING SYSTEM G.For reasons of mechanical strength, grounding conductors extending from the grounding grid to the ground buses of the service entrance equipment shall be No. 1/0 AWG. H.The grounding grid conductors shall be embedded in backfill material around the structures. I.All underground conductors shall be laid slack and where exposed to mechanical injury shall be protected by pipes or other substantial guards. If guards are iron pipe or other magnetic material, conductors shall be electrically connected to both ends of the guard. J.The CONTRACTOR shall exercise care to insure good ground continuity, in particular between the conduit system and equipment frames and enclosures. Where necessary, jumper wires shall be installed. 3.02 TESTS A.The Independent Testing Company shall test the ground resistance of the system by 3 point method fall of potential. All test equipment shall be provided by the testing company and approved by the Engineer. Dry season resistance of the system shall not exceed 5 ohms. If such resistance cannot be obtained with the system as shown, the CONTRACTOR shall provide additional grounding as directed by the Engineer, without additional payment. The Contractor shall submit all grounding system test results and reports to the Engineer for review prior to energization. B.The existing grounding system shall be tested prior to new work to ensure that sufficient grounding exists and all existing ground connections are properly connected. END OF SECTION ©PREPARED FOR G-01COVER WINTER SPRINGS WTP NO. 3 CITY OF WINTER SPRINGS CITY OF WINTER SPRINGS WINTER SPRINGS WTP NO. 3 JUNE 2023 SEMINOLE COUNTY, FLORIDA PROJECT VICINITY MAP PREPARED BY 2023 KIMLEY-HORN AND ASSOCIATES, INC. 189 S. ORANGE AVENUE, SUITE 1000, ORLANDO, FL 32801 PHONE (407) 898-1511 WWW.KIMLEY-HORN.COM CA 00035106 N.T.S. CONSTRUCTION DRAWINGS FOR SITE LOCATION SHEET INDEX SHEET DESCRIPTION GENERAL G-01 COVER G-02 STANDARD LEGEND AND ABBREVIATIONS CIVIL C-01 SITE PLAN STRUCTURAL S-01 GENERAL NOTES S-02 GENERATOR SLAB PLAN AND DETAILS MECHANICAL M-01 PROCESS MODIFICATIONS ELECTRICAL E-01 ELECTRICAL NOTES, SYMBOLS AND ABBREVIATIONS E-02 ELECTRICAL SITE PLAN E-03 EXISTING SINGLE LINE DIAGRAM MODIFICATIONS E-04 VFD ELEMENTARY DIAGRAM E-05 HIGH SERVICE PUMP BUILDING DEMOLITION PLAN E-06 HIGH SERVICE PUMP BUILDING POWER PLAN E-07 PANEL SCHEDULE Appendix B-2 WINTER SPRINGS CITY MANAGER: SHAWN BOYLE WINTER SPRINGS COMMISSIONERS: MATT BENSON KEVIN CANNON TED JOHNSON TIANNA HALE ROB ELLIOTT OWNER: CITY OF WINTER SPRINGS 1126 E. STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 PHONE: 407-327-5989 ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC. 189 S. ORANGE AVENUE, SUITE 1000 ORLANDO, FLORIDA 32801 CONTACT: JULIA C. FELTER, PE 407-768-3239 STANDARD ABBREVIATIONS CIVIL SYMBOLS LEGEND DRAFTING LEGEND NORTH SCALE: A M-1 DETAIL N.T.S. DETAIL/SECTION REFERENCES A M-2 ©PREPARED FOR G-02STANDARD LEGEND AND ABBREVIATIONS WINTER SPRINGS WTP NO. 3 CITY OF WINTER SPRINGS ©PREPARED FOR C-01SITE PLAN WINTER SPRINGS WTP NO. 3 CITY OF WINTER SPRINGS ©PREPARED FOR S-01GENERAL NOTES WINTER SPRINGS WTP NO. 3 CITY OF WINTER SPRINGS BY OTHERS: FOR REFERENCE ONLY ©PREPARED FOR S-02GENERATOR SLAB PLAN AND DETAILS WINTER SPRINGS WTP NO. 3 CITY OF WINTER SPRINGS BY OTHERS: FOR REFERENCE ONLY ©PREPARED FOR M-01PROCESS MODIFICATIONS WINTER SPRINGS WTP NO. 3 CITY OF WINTER SPRINGS SCALE: 1 -- NORTH WALL DEMOLITION N.T.S.SCALE: 2 -- HIGH SERVICE PUMP NO. 3 CONCRETE PAD DEMOLITION N.T.S.SCALE: 3 -- LOUVERS DEMOLITION N.T.S. ©PREPARED FORWINTER SPRINGS WTP NO. 3CITY OF WINTER SPRINGSNOCUNSTALE N NGI EERT S NGIBID SETE-01ELECTRICAL NOTES, SYMBOLS &ABBREVIATIONSD:\OneDrive\Bailey Engineering\ACTIVE-CC - Documents\Active Projects\Kimley Horn\Winter Springs WTP3 Elect Upgrades\05._Bidset\Dwgs\E-01 NOTES.dwg, 7/24/2023 9:14:49 AM, fdelao CITY OF WINTER SPRINGSWATER TREATMENT FACILITYPLANT #3©PREPARED FORWINTER SPRINGS WTP NO. 3CITY OF WINTER SPRINGSNOCUNSTALE N NGI EERT S NGIBID SETE-02ELECTRICAL SITE PLAND:\OneDrive\Bailey Engineering\ACTIVE-CC - Documents\Active Projects\Kimley Horn\Winter Springs WTP3 Elect Upgrades\05._Bidset\Dwgs\E-02 ELEC SITE.dwg, 7/24/2023 9:15:15 AM, fdelao φ©PREPARED FORWINTER SPRINGS WTP NO. 3CITY OF WINTER SPRINGSNOCUNSTALE N NGI EERT S NGIBID SETE-03EXISTING SINGLE LINE DIAGRAMMODIFICATIONSD:\OneDrive\Bailey Engineering\ACTIVE-CC - Documents\Active Projects\Kimley Horn\Winter Springs WTP3 Elect Upgrades\05._Bidset\Dwgs\E-03 SLD.dwg, 7/24/2023 9:15:17 AM, fdelao ©PREPARED FORWINTER SPRINGS WTP NO. 3CITY OF WINTER SPRINGSNOCUNSTALE N NGI EERT S NGIBID SETE-04HSP VFDELEMENTARY DIAGRAMD:\OneDrive\Bailey Engineering\ACTIVE-CC - Documents\Active Projects\Kimley Horn\Winter Springs WTP3 Elect Upgrades\05._Bidset\Dwgs\E-04 HSP VFD ELEMENTARY DIAGRAM.dwg, 7/24/2023 9:15:19 AM, fdelao ©PREPARED FORWINTER SPRINGS WTP NO. 3CITY OF WINTER SPRINGSNOCUNSTALE N NGI EERT S NGIBID SETE-05HIGH SERVICE PUMP BUILDINGPOWER PLAN - STEP 1D:\OneDrive\Bailey Engineering\ACTIVE-CC - Documents\Active Projects\Kimley Horn\Winter Springs WTP3 Elect Upgrades\05._Bidset\Dwgs\E-05 HSP PWR PLAN STEP 1.dwg, 7/24/2023 9:15:21 AM, fdelao ©PREPARED FORWINTER SPRINGS WTP NO. 3CITY OF WINTER SPRINGSNOCUNSTALE N NGI EERT S NGIBID SETE-06HIGH SERVICE PUMP BUILDINGPOWER PLAN - STEP 2D:\OneDrive\Bailey Engineering\ACTIVE-CC - Documents\Active Projects\Kimley Horn\Winter Springs WTP3 Elect Upgrades\05._Bidset\Dwgs\E-06 HSP PWR PLAN STEP 2.dwg, 7/24/2023 9:15:23 AM, fdelao ©PREPARED FORWINTER SPRINGS WTP NO. 3CITY OF WINTER SPRINGSNOCUNSTALE N NGI EERT S NGIBID SETE-07PANEL SCHEDULE ANDELECTRICAL DETAILSD:\OneDrive\Bailey Engineering\ACTIVE-CC - Documents\Active Projects\Kimley Horn\Winter Springs WTP3 Elect Upgrades\05._Bidset\Dwgs\E-07 DTLS & PNL SCHEDULE.dwg, 7/24/2023 9:15:24 AM, fdelao 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 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. Attachment A 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 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 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 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 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 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. 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. 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. 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. 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. 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. 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** 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. 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: 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 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. 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: _________________________ 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) 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 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: 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 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. 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. 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. 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: 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: _______________________________________________________________________ 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 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 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. 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 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. 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 $ 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 ITB # 08-23-03 BI WTP No 3 Electrical Improvements Appendix B-1 WTP No 3 ELECTRICAL IMPROVEMENTS SPECIFICATIONS ITB # 08-23-03 BI WTP No 3 Electrical Improvements Appendix B-2 WTP No 3 ELECTRICAL IMPROVEMENTS PLAN SET 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 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 ($10.00) Dollars as consideration for this provision. The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is terminated, in default, or if the CONTRACTOR has abandoned the Work. This provision binds Contractor’s performance bond surety. ITB # 08-23-03 BI WTP No 3 Electrical Improvements 8. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work in accordance with the Contract Documents, subject to additions and deductions approved by Change Order, the Total Contract Price of ________________________________ ($______________). 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 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. 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 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, 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, 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. 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. 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 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. 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. 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 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: 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. 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) 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: 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. 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. 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. 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) 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. 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) 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: __________ 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: ________ 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: _____________________ 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: _________________________ Attachment B