HomeMy WebLinkAboutFlotech Environment, LLC - Piggyback Rider for Lining of Drainage Pipes 2024 06 07
Piggyback Rider
City of Winter Springs and Flotech Environmental, LLC
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this Agreement shall not be binding upon the City of Winter Springs unless an Amendment to this
Agreement is properly executed by an authorized representative of the City of Winter Springs.
d. Order of Precedence.
The Original Government Contract shall be amended to provide that the Contract Documents shall consist
of: (1) this Rider; (2) the Original Government Contract, together with all exhibits, attachments, and duly
executed amendments; and (3) Invitation To Bid BPW2415MM-A documents together with all addenda
thereto issued by the Original Government Agency; (4) the Contractor’s Response to ITB BPW2415MM-
A and (5) any and all Specifications, Amendments, Purchase Orders, Change Orders, and/or Field Orders
issued after the Effective Date of this Agreement by the City of Winter Springs. The order of precedence
will be as follows in the event of a conflict among the Contract Documents: properly executed Purchase
Orders, Change Orders, Field Orders, and Amendments issued after the Effective Date of this Agreement;
this Rider; the Original Government Contract; Invitation for Bid for Original IFB No BPW2415MM-A
documents, with all addenda thereto; and the Contractor’s Response to IFB BPW2415MM-A.
e. Insurance.
The City shall be named an additional insured under the Contractor’s commercial general liability,
umbrella liability, and business auto policies.
Certificate Holder address shall read:
City of Winter Springs
Attn: Finance Department
1126 East State Road 434
Winter Springs, FL 32708
The remainder of the insurance requirements presented in Exhibit “A” and Exhibit “B” shall be
unchanged.
f. Public Records.
Section 20 of Exhibit “A” is amended to provide as follows.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: City Clerk, City
of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708 or City-
Clerk-Department@winterspringsfl.org or (407) 327-6560.
Section 20 is further amended to provide as follows.
If Contractor fails to comply with this Section, and the City must enforce this Section, or the City
suffers a third-party award of attorney’s fees and/or damages for violating Chapter 119, Florida
Piggyback Rider
City of Winter Springs and Flotech Environmental, LLC
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Statutes, due to Contractor’s failure to comply with this Section, the City 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 City shall also be entitled to
reimbursement of all attorneys’ fees and damages which the City had to pay a third party because
of the Contractor’s failure to comply with this Article.
The remainder of the Section shall be unchanged.
g. Project Price.
The amount set forth in any individual Purchase Order entered into under this Agreement shall not exceed
fifty thousand dollars ($50,000) without the prior authorization of the Winter Springs City Commission.
The remainder of the Original Government Contract’s price terms shall remain unchanged.
h. Substantial Completion.
The date of Final Completion of the Work shall be the date certified in writing by the City when (1) work
is sufficiently complete, in accordance with the contract documents, so that the City 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 “Final Completion” identified in the general, special, or technical
conditions or construction plans have been satisfied.
i. Payment of Project Price
i. Consent of the surety shall be provided with each progress payment application if a
Performance and Payment Bonds are required.
ii. The City may decline to make payment and may withhold funds should the Contractor fail
to provide consent of the surety with the progress payment if a Performance and Payment
Bonds are required.
iii. Consent of the surety is required for final payment if a Performance and Payment Bonds
has been accepted for a particular task.
j. Performance and Payment Bond.
The Contractor may be required to submit a Performance and Payment Bond prior to execution of any
Purchase Order at the request of the City’s Engineer. The Contractor shall be required to submit a
Performance and Payment Bond prior to execution of any Purchase Order for any project exceeding a cost
of $200,000.00, as required by Section 255.20, Florida Statutes. The Contractor shall utilize the
Performance and Payment Bond forms attached to this Agreement as Exhibits “C” and “D”.
k. Miscellaneous. The following provisions are hereby added to or modified from the Original
Government Contract. To the extent the terms and conditions below may conflict with terms and
conditions contained in Exhibit “A,” or “B,” the terms and conditions as set forth below shall control.
Piggyback Rider
City of Winter Springs and Flotech Environmental, LLC
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i. Notices to the City shall be delivered to:
City Manager
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, FL 32708
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.
ii. The City 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 City’s right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations
imposed on the City’s potential liability under state or federal law, and the cap on the amount and
liability of the City for damages, regardless of the number or nature of claims in tort, equity, or
contract, may not exceed the dollar amount set by the legislature for tort. Service Provider agrees
that City shall not be liable under this Agreement for punitive damages or interest for the period
before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to
any one person over two hundred thousand dollars ($200,000.00), or any claim or judgment or
portion thereof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred
thousand dollars ($300,000.00). Nothing in this Agreement is intended to inure to the benefit of
any third party for the purpose of allowing any claim which would otherwise be barred under the
doctrine of sovereign immunity or by operation of law. This paragraph shall survive termination
of this Agreement.
iii. 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.
iv. 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, any cause of action filed hereunder shall be filed in Seminole County, Florida, for State
actions and Orlando, Florida, for Federal actions.
v. 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, strike (except involving Contractor’s labor force), extraordinary breakdown of or
damage to City’s facilities, court injunction or order, federal and/or state law and/or regulation, or
order by any other regulatory agency, provided that the prompt notice of such delay is given by
such party to the other and each of the parties hereto shall be diligent in attempting to remove such
cause or causes. If any circumstance of Force Majeure remains in effect for sixty (60) days or
Piggyback Rider
City of Winter Springs and Flotech Environmental, LLC
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EXHIBIT A
ORIGINAL GOVERNMENT CONTRACT
AND
CONTRACTOR RESPONSE TO ITB BPW2415MM-A
CITY OF CAPE CORAL
CONTRACT#: BPW2415MM-A
LINING OF DRAINAGE PIPES
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THIS CONTRACT is made this q'f'h-day of F;phru ~, 2024 by and between the CITY OF CAPE
CORAL, FLORIDA, hereinafter called "CITY", and FlOTCH ENVIRONMENT AL, LLC , located at 657
South Drive , Suite 401, Miami , FL 33166 , hereinafter called "CONTRACTOR".
WITNESSETH : For and in consideration of the payments and agreements mentioned here inafter:
1. The CONTRACTOR will provide Lining of Drainage Pipe services in accordance with the Contract
Documents.
2. The CONTRACTOR will furnish all of the materia l, supplies , tools , equipment, labor and other services
necessary for the completion of the services described in the Contract Documents .
3. The CONTRACTOR will commence work as required by the CONTRACT DOCUMENTS as stipulated in
the written NOTICE TO PROCEED .
4 . The CONTRACTOR agrees to perform all the WORK described in the CONTRACT DOCUMENTS for
the prices and labor rates listed on the CONTRACTOR'S Official Bid Proposal Form during the term of
the contract more specifically EXHIBIT A , attached as submitted .
5. This Contract may be terminated by the CITY for its convenience upon thirty (30) calendar days prior
written notice to the CONTRACTOR. In the event of termination , the CONTRACTOR shall be paid as
compensation in full for work performed to the day of such termination, an amount prorated in
accordance with the work substantially performed under this Contract. Such amount shall be paid by the
CITY after inspection of the work to determine the extent of performance under this Contract, whether
completed or in progress .
6. The Term "Contract Documents " shall include this Contract , CITY issued document , addendum or email
addendum , Contractor's Quote/bid except when it conflicts with any other contractual provision, the City 's
General Terms and Conditions dated 12/20/2023, the Specifications and Drawings , any Special
Cond itions , together with all Written Amendments , Change Orders , Work Change Directives or Field
Orders, and the purchase order . In the event of conflict between any provision of any other document
referenced herein as part of the contract and this Contract , the terms of this Contract shall control.
7. Assignment: This Contract may not be assigned except with the written consent of the CITY , and if so
assigned , shall extend and be binding upon the successors and assigns of the CONTRACTOR.
8. Disclosure: The 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 th is Contract
and that it has not paid or agreed to pay any person , company , corporation , individual or f irm , other than
a bona fide employee working solely for the CONTRACTOR , any fee, commission , percentage , gift, or
other compensation contingent upon or resulting from the award or making of the Contract.
9. Administration of Contract: The Department Director, or his representative , shall administer this
Contract for the CITY .
10. Governing Law: The valid ity , construction and effect of this Contract shall be governed by the laws of
the State of Florida . All cla im and/or dispute resolution under this Agreement, whether by mediation ,
arbitration , litigation , or other method of dispute resolution , shall take place in Lee County, Florida . More
specifically , any litigation between the parties to this Agreement shall be conducted in the Twentieth
Judicial Circuit , in and for Lee County , Florida. In the event of any litigation arising out of this Contract ,
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CITY OF CAPE CORAL
CONTRACT#: BPW2415MM-A
LINING OF DRAINAGE PIPES
each party shall be responsible for its own reasonable costs and attorney 's fees. The Parties hereby
waive their respective right, title , or interest to a trial of any disputed issues or facts by a jury.
11. Amendments: No Amendments or variation of the terms or conditions of this Contract shall be valid
unless , such amendments or variations are in writing and signed by the parties .
12 . Payments: CITY shall make payment and CONTRACTOR shall be in receipt of all sums properly
invoiced within thirty (30) days of the City 's receipt of such invoice . CITY shall pay contract amount of
such invoice within such thirty (30) day period . If CITY shall give such notice to the CONTRACTOR within
such fifteen (15) day period , such dispute over the proper amount of such invoice shall be resolved, and
after final resolution of such dispute , CITY shall promptly pay the CONTRACTOR the amount so
determined , less any amounts previously paid by CITY with respect to such invoice . In the event it is
determined that CITY has overpaid such invoice, the CONTRACTOR shall promptly refund to the CITY
the amount of such overpayment.
Payments by Electronic Funds Transfer: All payments made by the City of Cape Coral , Florida will be
made by Direct Deposit (ACH) via electronic funds transfer. Paper checks will no longer be issued to new
vendors . Every new vendor must register for direct deposit with the City by prov iding a 'Vendor
Authorization Agreement for Electronic Funds Transfer" form (ACH Form) to the City's Financial Services
Accounting Division . It is strongly encouraged for current vendors to register for direct deposit with the
City via Direct Deposit (ACH) Electronic Funds Transfer form . The form may be accessed on the City of
Cape Coral website at:
https ://www .capecoral.gov/Procurement/ACH%20Authorization%20Form .pdf
Please contact the Procurement Division at the number shown on this solicitation document herein as the
first point of contact for more information .
The link below will take you to the City of Cape Coral vendor Registration page :
https ://www .capecoral.gov/departrnent/financial services/procurement/vendor registration.php
Suppliers submitting a response to any solicitation are not required to be registered vendors or set up
EFT payment prior to submitting their response . Suppliers do need to become register vendors and have
the EFT payment form in place prior to the award of any contract.
13 . Contractor's Representations: In order to induce CITY to enter into the Contract CONTRACTOR
makes the following representations :
CONTRACTOR has been familiar ized with the Contract Documents and the nature and extent of the
work required to be performed , locality, local conditions , and Federal , State, and Local laws , ordinances ,
rules and regulations that in any manner may affect costs, progress or performance of the work.
CONTRACTOR has made or caused to be made examinations, investigations and tests and studies as
deemed necessary for the performance of the Work at the Contract Price , within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents ; and no additional
examinations, investigations , tests, reports or similar data are or will be required by CONTRACTOR for
such purposes .
CONTRACTOR has correlated the results of all such observations, examinations , investigations , tests ,
reports and data with the terms and conditions of the Contract Documents.
CITY OF CAPE CORAL
CONTRACT#: BPW2415MM -A
LINING OF DRAINAGE PIPES
CONTRACTOR has given CITY written notice of all conflicts , errors or discrepancies that have been
discovered in the CONTRACT DOCUMENTS and the written resolution thereof by CITY is acceptab le to
CONTRACTOR.
14 . Indemnity: The CONTRACTOR shall indemnify and hold harmless the CITY , its officers and
employees , from liabilities , damages , losses and costs , including , but not limited to , reasonable
attorney's fees , to the extent caused by the negligence , recklessness , or intentional wrongful misconduct
of the CONTRACTOR and any persons employed or ut ili zed by CONTRACTOR in the performance of
th is Contract.
15 . Damage Liability: The awarded CONTRACTOR shall be responsible for all claims filed for damage to
private property , windows , screen enclosures, real estate signs , etc . Additionally , the CONTRACTOR
shall be responsible for damage to all public property or ut ility property , fire hydrants , catch basins , guy
wires telephone pedestals, etc. Copies of all damage claims shall be submitted to the Procurement
Division .
16 . Invalid Provision: The inval idity or unenforceability of any particular provision of this Contract shall not
affect the other provisions hereof, and the Contract shall be construed in all respects as if such invalid or
unenforceable provisions were omitted .
17 . Insurance:
Minimum Insurance Requirements : The following are the required minimums the vendor must maintain
throughout the duration of this contract. The City reserves the right to request additional documentation
regarding insurance provided.
a. Commercial General Liability -Coverage shall apply to premises and/or operations , products and
completed operations , independent contractors , contractual liability exposures with min imum limits
of:
$1,000 ,000 per occurrence
$2 ,000,000 general aggregate
$1 ,000 ,000 products and completed operations
b. Business Auto Liability -The following Automobile Liability will be required and coverage shall
apply to all owned, hired and non -owned vehicles use with minimum limits of:
$1,000,000 combined single limit (CSL); or
$500 ,000 bodily injury per person
$1 ,000 ,000 bodily injury per accident
$500 ,000 property damage per accident
c. Workers' Compensation -Statutory benefits as defined by FS 440 encompass ing all operations
contemplated by this contract or agreement to apply to all owners , officers , and employees
regardless of the number of employees . Workers Compensation exemptions may be accepted with
written proof of the State of Florida's approval of such exemption . Employers' liability will have
minimum limits of:
Workers ' Compensation :
Statutory
Employers ' Liability will have minimum limits of:
$1 ,000,000 per accident
$1 ,000 ,000 disease limit
$1 ,000,000 disease -policy limit
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CITY OF CAPE CORAL
CONTRACT#: BPW2415MM-A
LINING OF DRAINAGE PIPES
*The required minimum limit of liability shown in a. and b. may be provided in the form of "Excess
Insurance" or "Commercial Umbrella Policies." In which case, a "Following Form Endorsement" will
be required on the "Excess Insurance Policy" or "Commercial Umbrella Policy."
Verification of Coverage:
1. Coverage shall be in place prior to the commencement of any work and throughout the duration of the
contract. A certificate of insurance will be provided to the Risk Manager for review and approval. The
certificate shall provide for the following :
a. The "Certificate Holder" shall read as follows:
City of Cape Coral
P.O. Box 150027
Cape Coral, Florida 33915-0027
b. The "Description of Operations/LocationsNehicles" shall read as follows:
"The City of Cape Coral is named as an Additional Insured with respect to the General Liability policy,
including Products and Completed Operations coverage. n
Special Requirements:
1. An appropriate "Indemnification" clause shall be made a provision of the contract.
2. It is the responsibility of the general contractor to ensure that all subcontractors comply with all
insurance requirements .
Project-Specific Insurance Requirements: Risk Management in no way represents that the
insurance required is sufficient or adequate to protect the vendors' Interest or liabilities. The
following are the required minimums the vendor must maintain throughout the duration of this
contract for specific risks in addition to minimum requirements. The City reserves the right to
request additional documentation regarding insurance provided.
• Pollution/Environmental Pollution Liability -cover third parties against bodily injury and property
damage caused by hazardous waste materials released during business operations , reimbursement of
mandated off-site clean-up costs, and Legal costs to investigate or settle pollution-related claims .
Coverage shall apply to premises and/or operations, products and completed operations, independent
contractors, contractual liability exposures with minimum limits of:
$1,000,000 per occurrence
$2 , 000 ,000 general aggregate
•Minimum completed operations period-5 years for environmental services/work and site/dirt work
(excavation, paving, landscaping, and digging).
• Longshore and Harbor Workers' Compensation & Employers' Liability -Statutory benefits as
defined by federal law for job injuries that occur on the navigable waters of the United States as
described in the United States Longshore and Harbor Workers' Compensation Act ("LHWCA" or
"USL&H) to include all operations contemplated by this contract or agreement to apply to all owners,
officers, and employees regardless of the number of employees. Employers ' Liability will have
minimum limits of
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CITY OF CAPE CORAL
CONTRACT#: BPW2415MM-A
LINING OF DRAINAGE PIPES
Longshore and Harbor Workers' Compensation
Statutory Limits
Employers' Liability
$1,000 ,000 per accident
$1,000,000 disease limit
$1 ,000,000 disease -policy limit
*The required minimum limit of liability shown in a. and b. may be provided in the fonn of
"Excess Insurance" or "Commercial Umbrella Policies." In which case, a "Following Form
Endorsement" will be required on the "E,ccess Insurance Polley" or "Commercial Umbrella
Policy."
• Umbrella/Excess Liability -A form of excess liability insurance, umbrella policies cover claims
exceeding the limits stipulated by the underlying policy 's terms, while also providing broader coverage
encompassing losses outside of those outlined within the initial policy .
$1 ,000 ,000 per occurrence
$2 ,000 ,000 general aggregate
18 . Record Keeping: The awarded bidder shall maintain auditable records concerning the procurement
adequate to account for all receipts and expenditures, and to document compliance with the
specifications. These records shall be kept in accordance with generally accepted accounting principles,
and the City of Cape Coral reserves the right to determine the record-keeping method in the event of
non-conform ity. If a Public Construction Bond is required records shall be maintained for ten (10) years,
after final payment has been made and shall be readily available to City personnel with reasonable
notice , and to other persons in accordance with the Florida Public Disclosure Statutes .
Records of the Contractor's personnel, sub-consultants , and the costs pertaining to the Project shall be
kept in accordance with generally accepted accounting practices . Contractor shall keep full and detailed
accounts and financial records pertaining to the provision of services for the City. Prior to commencing
work, Contractor shall review with and obtain the City's approval of the accounting procedures and
records to be utilized by the Contractor on the Project. Contractor shall preserve the aforementioned
Project records for a period of ten (10) years after final payment , or for such longer period as may be
required by law.
The failure of Contractor to comply with the provisions set forth in this Section shall constitute a Default
and Breach of this Contract and the CITY shall enforce the Default in accordance with the provisions set
forth . If an audit inspection or examination in accordance with this article discloses overpricing or
overcharges to the CITY (of any nature) by Contractor and/or sub-contractor(s) the CITY shall be entitled
to adjustment and reimbursement or recovery in the amount of such overpricing or overcharging . If the
amount of the overpricing or overcharging is determined to be more than One Hundred Thousand and
No/100 Dollars ($100,000.00), in addition to adjusting for the overcharges , the reasonable actual cost of
the CITY's audit shall be reimbursed to the CITY by Contractor. Any adjustments and/or payments which
must be made because of any such audit or inspection of Contractor's invoices and/or record shall be
made within a reasonable amount of time (not to exceed thirty (30) calendar days) from presentation of
the CITY's findings to Contractor. This provision survives the expiration of this Agreement.
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CITY OF CAPE CORAL
CONTRACT#: BPW2415MM-A
LINING OF DRAINAGE PIPES
19 . Contract Cancellation: Pursuant to Florida Statute §287 .058 (1) (c), this contract may be unilaterally
cancelled by the City if the Contractor , refuses to allow public access to all documents , papers , letters , or
other material made or received by the Contractor in conjunction with this contract , unless the records are
exempt from disclosure .
20 . Public Records:
The CITY is a public agency subject to Chapter 119, Florida Statutes. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICABILITY OF CHAPTER 119, FLORIDA STATUTES , TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS , AT (239) 574-0411 , ctyclk@capecoral.gov , City
of Cape Coral , 1015 Cultural Park Boulevard , Cape Coral , FL 33990 .
The Contractor shall comply with Florida 's Public Records Law. Specifically , the Contractor shall :
Keep and maintain public records requ ired by the public agency to perform the service ;
Upon request from the public agency 's custodian of public records , provide the public agency with a copy
of the requested records or allow the records to be inspected or copied within a reasonable t ime at a cost
that does not exceed the cost provided in this chapter or as otherwise provided by law;
Ensure that public records that are exempt or confidential and exempt from public record disclosure
requ irements are not disclosed except as authorized by law for the duration of the contract te rm and
following completion of the contract if the contractor does not transfer the records to the CITY ;
Upon completion of the contract , transfer, at no cost, to the public agency all public records in possession
of the contractor or keep and maintain public records required by the public agency to perform the
service . If the contractor transfers all public records to the public agency upon completion of the contract ,
the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements . If the contractor keeps and maintains public records upon
comp letion of the contract, the contractor shall meet all applicable requirements for retaining public
records . All records stored electronically must be provided to the public agency, upon request from the
public agency 's custodian of public records , in a format that is compatible with the information technology
systems of the public agency .
21 . Safety and OSHA Compliance:
A The Contractor shall comply in all respects with all Federal , State and Local safety and health
regulations . Copies of the Federal regulations may be obtained from the U.S. Department of
Labor , Occupation Safety and Health Administration (OSHA), Washington , DC 20210 or their regional
offices .
8 . The Contractor shall comply in all respects with the applicable Workman's Compensation Laws .
22 . Annual Appropriation Contingency: Pursuant to FL Statute §166.241 , the City's performance and
obligation to pay under this Contract is contingent upon an annual appropriation by the City Council. This
Contract is not a commitment of future appropriations . Authorization for continuat ion and completion of
work and any associated payments may be rescinded , with proper notice, at the discretion of the City if
the City Council reduces or eliminates appropriations .
23. E-Verify Validation:
As a condition precedent to entering into this CONTRACT and in compliance with The Immigration and
Nationality Act (INA), 8 U.S.C. Section 1324a(e) Section 274A(e) and Florida Statute State Section
§448 .095, Contractor or Consultant and their subcontractors shall register with and use the E-Verify
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CITY OF CAPE CORAL
CONTRACT #: BPW2415MM-A
LINING OF DRAINAGE PIPES
system to verify work authorization status of all employees hired after January 1, 2021 . The Employment
Verification System (E-Verify) is operated by the Department of Homeland Security in partnership with
the Social Security Administration .
A public agency must require in any contract that the contractor, and any subcontractor thereof, register
with and use the E-Verlfy system to verify the work authorization status of all new employees of the
contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a
contract unless each party to the contract registers with and uses the E-Verify system (emphas is mine).
Contractor must include E-Verify Memorandum of Understanding (MOU) Verification document.
PUBLIC AGENCY CONTRACTING
(a) A public agency must require in any contract that the contractor , and any subcontractor thereof,
reg ister with and use the E-Verify system to verify the work authorization status of all new employees of
the contractor or subcontractor. A public agency or a contractor or subcontractor thereof may not enter
into a contract unless each party to the contract registers with and uses the E-Verify system .
(b) If a contractor enters into a contract with a subcontractor , the subcontractor must provide the
contractor with an affidavit stating that the subcontractor does not employ , contract with , or
subcontract with an unauthorized alien . The contractor shall maintain a copy of such affidavit for the
duration of the contract.
(c) 1. A public agency , contractor, or subcontractor who has a good faith belief that a person or an entity
with which it is contracting has knowingly violated s. 448 .09(1) shall terminate the contract with
the person or entity .
2. A public agency that has a good faith belief that a subcontractor know ingly violated this
subsection , but the contractor otherwise complied with this subsection , shall promptly notify the
contractor and order the contractor to immediately terminate the contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may not be considered
as such . If a public agency terminates a contract with a contractor under this paragraph, the
contractor may not be awarded a public contract for at least 1 year after the date on which the
contract was terminated. A contractor is liable for any additional costs incurred by a public agency
as a result of the termination of a contract.
(d) A public agency , contractor, or subcontractor may file a cause of action with a circu it or county court
to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which
the contract was terminated .
24 . Electronic Signatures: The parties acknowledge and agree that this Agreement may be executed by
electronic signature, which shall be considered as an original signature for all purposes and shall have
the same force and effect as an original signature . Without limitation , "electronic signature " shall include
faxed versions of an original signature or electronically scanned and transmitted versions (e .g., via pdf) of
an origina l signature.
25 . Counterparts : This Agreement may be executed in one or more counterparts , each of which shall be
deemed to be an original but all of which together will constitute one and the same instrument.
CITY OF CAPE CORAL
CONTRACT#: BPW2415MM-A
LINING OF DRAINAGE PIPES
26. Entire Agreement This Contract constitutes the entire and exclusive agreement between the parties
and supersedes any and all prior communications , discussions, negotiations, understandings , or
agreements , whether written or verbal.
27 . Scrutinized Compan ies List: Pursuant to 287.135 Florida Statute, s . 215.4725 and s. 215.473, A
Company is ineligible to, and may not , bid on , submit a proposal for, or enter into or renew a contract with
an agency (state) or local governmental entity for goods or services of:
a. Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such
contract, the company is on the Scrutinized Companies that Boycott Israel List , created pursuant to
s. 215.4725, or is engaged in a boycott of Israel ; or
b. One million dollars or more if, at the time of bidding on , submitting a proposal for, or entering into or
renewing such contract , the company :
1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in Iran Terrorism Sectors List, created pursuant to s. 215.473 ; or
2. Is engaged in business operations in Cuba or Syria .
(Remainder of page intentionally left blank.)
CITY OF CAPE CORAL
CONTRACT#: BPW2415MM-A
LINING OF DRAINAGE PIPES
IN WITNESS WHEREOF, the parties hereto have executed , or caused to be executed, by their duly
authorized officials this Contract in one counterpart which shall be deemed an original on the date last
signed 'as below written : -,.;_.. . .
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EXHIBIT A
BPW2415MM Addendum 1
Flotech Environmental, LLC
Supplier Response
Event Information
Numbe r:
Title :
Type :
BPW2415MM Addendum 1
Lining of Drainage Pipes
Invitation to Bid
Issue Date : 11/1/2023
Deadl ine :
Notes :
12/6/2023 02 :00 PM (ET)
The City of Cape Coral will receive bids for a Maintenance Contract to
Perform Lining of Drainage Pipes , BPW2415MM . Detailed
specifications may be obtained in this bid listing . Bids will be publicly
opened at Cape Coral City Hall , 1015 Cultural Park Blvd , Cape Coral ,
FL 33990 . The location of the bid opening , for those wanting to attend
in person , can be found in this solic itation , under the "Activities " tab .
Furnish all labor, material , equipment, and operations necessary to
line, only by cured -in-place pipe lining method , of deteriorated
stormwater drainage pipe ranging in diameter from 15 inches to 72
inches.
Contact Information
Contact: Mark Milkovich Procurement Specialist
Address : 1015 Cultural Park Blvd
Email :
Pa ge 1 of 14 pages
City Hall -2nd Floor/Finance-Procurement
Cape Coral , FL 33990
mmilkovi@capecoral.gov
Ve ndo r: Flotech Enviro nmental , LLC BP W 24 15MM Adden d um 1
Flotech Environmental, LLC Information
Address: 657 South Drive
Suite 401
Miami, FL 33166
Phone: (866) 299-3323
The person submitting this bid or proposal rep resents and warrants that he or she is duly authorized and has legal
capacity to do so . This bid or proposal is authorized and is a valid and legal binding offer subject to acceptance by the
City . For purposes of this bid or proposal , elect ronic , mechanically -applied and printed signatu res , seals and dates shall
be considered original signatures, seals and dates , without regard to t he order in which they were affixed . The Legal
Entity Name of proposer must be provided on t he proposal subm ittal and all proposal form documents that are be in g
submitted for the proposed goods or services requested in this solicitation. The Legal Entity Name will be used when
creating the proposed goods or services contract between the Awarded Firm and the City .
Jose L. Ferre esti mati ng@flotech I le . com
Signature
Submitted at 12/6/2 023 12:15:34 PM (ET)
Requested Attachments
Business Licenses and Business Tax Receipts
Email
Licenses & BTRs -Flotech
Environmental , LLC .pdf
Upload copies of all business li censes and business tax receipts as required by the solicitation. Title it Licenses &
BTR's -(Firm Name )
Corporate Resolution Form Corporate Resolution -Flotech
Environmental , LLC .pdf
Upload completed Corporate Resolution Form OR attach your company's corporate resolution form or document(s).
Title it Corporate Resolution -(Firm Name)
Form 3A No response
Upload completed Form 3A , if applicable . Title it Form 3A -(Firm Name)
Certificate of Insurance COi -Flotech Environmental ,
LLC .pdf
ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS : Contractor acknowledges to prov id e proof of Minimum
Insurance Requirements as stated under the "Attac hments " Tab. Certificate of Insurance to be provided prior to
contract execution and approved by the City before the commencement of any work activities . Title it COi -(Firm
Name)
Business Qualification Questionnaire Bus iness Qualifications -Flotech
Environmental , LLC .pdf
Upload your completed Business Qualification Questionnaire. Title it Business Qualifications -(Firm Name)
Reference Forms
Upload completed reference forms . Title it Reference Forms -(Firm Name )
Division of Corporations
Reference Forms -Flotech
Env ironmen tal , LLC .pdf
Flotech Environmental 2023
FLORIDA LIMITED LIABILITY
COMPANY ANNUAL REPORT.pdf
Upload copy of your registration from the website www.s unbiz .org Title it Div is ion of Corporations -(Firm Name)
Trench Safety Act Compliance Form Trench_Safety_Act_Compliance_
Form.pdf
Upload completed Trench Safety Act Compliance Form . If not applicable , mark as N/A , sign and return . Title it Trench
Safety -(Firm Name)
Page 2 of 14 pages Vendor: Flotech Environmental , LLC BPW2415MM Addendum 1
Local Vendor Preference Establishment Form No response
Upload completed Local Vendor Preference Establ ishment Form , if applicable . Title it Local Vendor Form -(F irm
Name)
Certified Minority Business State of Florida MBE -Flotech
Environmental , LLC .pdf
Up lo ad documents to verify the classification being c la im ed , if appl ic able Title it Minority Business Form -(Firm Name )
Evidence of Bonding Capacity Bonding -Flotech Environmental ,
LLC.pdf
Upload a letter from a surety company showing evidence of bonding capacity. Title it Bonding -(Firm Name)
Template -Immigration -E-Verify
Attachment -Immigration -E-Verify From Affidavit -Project #BPW2415MM
.pdf
Provide completed E-Verify form with submittal.
E-Verify Memorandum of Understanding (MOU) Emp loyer MOU -Flotech
Environmental , LLC .pdf
Provide completed and returned MOU from E-Verify with submittal. Title the Document: E-Verify MOU -(Supp lier name)
Response Attachments
Flotech Env Qualifications Package 10-2023.pdf
Qualifications Package
Bid Attributes
1 Taxpayer Identification Number (FEIN or Social Security#)
Please prov ide the Federal Employer Identification Number or Social Security Number of entity .
j 45-4556187
2 In troduction, General Terms & Conditions, and Special Conditions
Download the Introduction, General Terms and Conditions , and Special Conditions on the "Attachments" tab .
Review and indicate below:
~ I have downloaded , read and agree .
3 Specifications and Requirements
Please download the Specifications and Requirements located in the "Attachme nts" tab .
~ I have downloaded , read and agree .
4 State of Florida, Division of Corporations
I
Please submit a copy of your registration and the corresponding document number from the website www.sunbiz .org
establishing your firm as authorized (including authorized representatives) to conduct business in the State of
Florida , as provided by the Florida Department of State, Division of Corporations .
Indi cate the document is attached and you can add any notes as required.
I DOCUMENT# L 12000004059 The Document is attached. I
Page 3 of 14 pages Vendor: Flotec h Environmental , LLC BPW2415MM Addendum 1
5 Collusion Statement
The undersigned Bidder/Proposer affirms that the proposal/bid is genuine and not collusive or sham ; that the
bidder/proposer has not colluded , conspired , connived or agreed , direct ly or indirectly , with any bidder or person , to
put in a sham bid or to refrain from bidding , and has not in any manner , directly or indirectly , sought by agreement
or collusion, or communication or conference , with any person , to fix the bid price of affiant or of any other
bidder/proposer , or to fix overhead , profit or cost element of said bid price , or that of any other bidder/proposer, or
to secure any advantage against the City of Cape Coral of any person interested in the proposed contract ; and that
all statements in said proposal or bid are true.
~ I agree
6 Scrutinized Companies Certification
At the time a company submits a bid or proposal for a contract or before the company enters into or renews a
contract with an agency or local governmental entity for goods o r services of $1 million or more, the company must
certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in t he Iran Petroleum Energy Sector List and that it does not have business operations in
Cuba or Syria . At the time a company submits a bid or proposal for a contract or before the company enters into or
renews a contract with an agency or local governmental entity for goods or services of any amount, the company
must cert ify that the company is not participating in a boycott of Israel.
~ I agree
7 Public Entity Crimes Act
A person or affiliate who has been placed on the convicted vendor list fo ll owing a conviction for a public entity crime
may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity ; may not
submit a bid , proposal , or rep ly on a contract with a public entity for the construction or repa ir of a public building or
public work ; may not submit bids , proposals , or replies on leases of real property to a public entity ; may not be
awarded or perform work as a contractor, supplier , subcontractor, or consultant under a contract with any public
entity ; and may not transact business with any public entity in excess of the threshold amount provided in s .
287 .017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor
list.
~ I agree
8 Discriminatory Vendor List
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid , proposa l, or reply
on a contract to provide any goods or services to a public ent ity ; may not submit a bid , proposal , or reply on a
contract with a public entity for the const ruction or repair of a public bu ild i ng or public work ; may not submit bids ,
proposals , or rep l ies 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 w ith any public entity ; and may not transact
business with any public entity .
~ I agree
9 Form 3A -Interest in Competitive Bid for Public Business
Sections 112 .313(3) and 112.313(7 ), FL§, prohibit certain business relationships on the part of public officers and
employees , the ir spouses , and their children . See Part Ill , Chapter 112 , FL§, and/or the brochure entitled "A Guide
to the Sunshine Amendment and Code of Ethics for Public Office rs , Candidates and Employees" for more details on
these prohibitions . However, Section 112 .313(12), FL§ (1983), provides certain limited exemptions to the above-
referenced prohib it i ons , including one where the business is awarded under a system of sealed , competitive
bidding; the public official has exerted no influence on bid negotiations or specifications ; and where disclosure is
made , prior to or at the time of the submission of the bid , of the official 's or his spouse's or child's interest and the
nature of the intended business . The Commission on Ethics has promulgated this form for such disclosure , if and
when applicable to a publ ic officer or employee.
If this disclosure is aralicable request form "INTEREST IN COMPETITIVE BID FOR PUBLIC BUSINESS " (Required by
112 .313(12)(b), FL (1983)) to be completed and returned with solicitat ion response . It is the bidder/proposer's
respons ibi li ty to disc ose this relationship , failure to do so could result in be ing dec lared non -responsive.
Form 3A can be found in the "Attachments" tab, if needed .
IN/A I
Page 4 of 14 pages Vendor: Flotech En vi ronmental , LLC BPW2415MM Addendum 1
'I
1 Corporate Resolution
0 The corporate resolution form is utilized to provide names of individuals that are legally authorized to execute
agreements on behalf of the corporation , company , partnership , joint venture or entity . This may include signing of
bid documents , contracts, forms , and agreements . The corporate resolution form includes the name of individuals ,
with their signatures and their official title with the entity submitting a bid or proposal.
Proposers must provide either the corporate resolution form (see Attachment Library) or the company's official
letterhead , indicating the authority of the individua ls who may sign and legally bind the company in proposa ls, bids ,
contracts , and agreements . The authorized individuals name(s ) should be shown on the corporate resolution or
letterhead with their typewritten name , their official title and actual signatures shown beside their name. The
document should be signed and dated by an authorized agent of the company . The document should include the
company 's official address and phone number. If the primary qualifying agent is not the owner , an officer, a member ,
a joint venture managing partner , etc ., describe the relationship to the company and provide proof of such
relationship and/or license use agreement.
The City's form can be found in the "Attachments" tab , if needed .
I I am submitting the company's corporate document. I
1 Drug Free Workplace
1 Florida Statutes Section 112 .0455 is the "Drug-Free Workplace Act ". The purpose of the Act is :
(a) promote the goal of a drug-free workplace within government through fair and reasonable drug-testing methods
for the protection of public employees and employers .
(b) Encourage employers to provide employees who have drug use problems with an opportunity to participate in
an employee assistance program or an alcohol and drug rehabilitation program .
(c) Provide for confidentiality of testing results.
~ I agree
1 Reference Survey Forms
2 Submit three (3) completed Reference Survey Forms for past projects completed within the past year , preferably of
projects of similar scope and size. The City reserves the right to contact these references .
The Reference Survey Form can be found in the "Attachments" tab .
~ I have attached completed reference form(s).
1 Insurance Requirements
3 See attached Minimum Insurance Requirements form for information relative to insurance requirements, found in
the "Attachments" tab .
Without limiting its liability under this Invitation to Bid , the awarded bidder(s) shall procure and continuously
maintain , without interruption, at its own expense , insurance specified on the enclosed form.
Neither approval nor failure to disapprove the insurance furnished by awarded bidder to the City shall relieve the
awarded bidder of the awarded bidder's full responsibility to provide insurance , as required by this contract. The
awarded bidder shall be responsible for assuring that the insurance remains in force for the duration of the
contractual period ; included any and all option years that may be granted to that awarded bidder. The certificate of
insurance shall contain the provision that the City be given no less than thirty (30) days written notice of
cancellation . If the insurance is scheduled to expire during the contractual period , the awarded bidder shall be
responsible for submitting new or renewed certificates of insurance to the City at a minimum of fifteen (15) calendar
days in advance of such expiration .
By submitting a response to the solicitation , respondent is agreeing to meet the insurance requirements of the
project , which are subject to change .
ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS:
Contractor acknowledges to provide proof of Minimum Insurance Requirements as stated under the "Attachments"
Tab. Certificate of Insurance to be provided prior to contract execution and approved by the City before the
commencement of any work activities.
~ I agree
Page 5 of 14 pages Vendor: Flotech Environmental , LLC BPW2415MM Addendum 1
1 Deviations from Bid Specifications
4 Bidder shall clea rly indicate all areas in which the items the bidder proposes does not fully comply with the
requirements of this specification. The decision as to whether an item fully complies with the stated requirements
rests solely with the City of Cape Coral.
Please indicate all deviations.
I No response
1 Designated Contact
5 Provide a primary contact that will be available during normal work hou rs by phone or in person and knowledgeable
of all terms of the contract.
List the name , title , phone #, and email address for the primary contact below .
I Jose Alberto Ferre Managing Membe r 305-794-2826 jose .a.ferre@flotechllc.com
1 Bids to Remain Effective
6 Bids shall be effect ive for 120 days from Bid Opening Date , and thereafter if accep ted by the City for the term
designated in this bid . By submitting a bid you are in agreement with this timeframe .
1 Contract Term
7 The Term of the Contract shall be for five (5} years with the ogtion for two one-year additional one-year geriods if
mutually agreed ugon .
~ I Understand and agree
1 License Requirement
8 It is required that the bidder hold a valid General Contractors license through the State of Florida , have a local
competency license and also be registered in the City of Cape Coral.
Bidder will attach copies of the docu men ts as proof of qualifications .
~ I have attached the documents as requested above .
1 City Employees
9 Does your company employ any City of Cape Coral employees? Please indicate "Yes" or "No". If "Yes ", note the
employees name , department and division .
I No I
2 Annual Appropriation
0 The City's performance and obl igation to pay under this contract is contingent upon annual an appropriation by the
City Council. This Contract is not a commitment of future appropriations. Authori zation for cont inuati on and
completion of work and any associated payments may be rescinded , with proper notice , at the discretion of the C it y
if the City Council reduces or eliminates appropriations .
~ I Agree
2 Bid Security -Not applicable
1 A bid security is not applicable for this bid.
Page 6 of 14 pages Vendor : Flotech Environmental , LLC BPW2415MM Addendum 1
2 Local Vendor Preference
2 In accordance with Article VII Division 1 Sections 2-144(a(10) of the City of Cape Coral Ordinance prior to award , a
vendor who desires to be considered for local preference in a bid/proposal must submit sufficient information with its
bid/proposal to allow consideration , including a copy of a paid business tax receipt showing a full 12 months in
advance of the bid submittal date .
If any grants are applicable to this procurement , local vendor preference will not be applicable . Grants may be
obtained prior to , during , and after solicitation release .
Are you claiming Local Vendor Preference? If YES, please complete and attach the Local Vendor Preference
Establishment form found in the "Attachments" tab.
INO
2 Electronic Funds Transfer (EFT"S)
3 Payments by Electronic Funds Transfer: All payments made by the City of Cape Coral will be made by Direct
Deposit (ACH) via electronic funds transfer . Paper checks will no longer be issued to new vendors . Every new
vendor must register for direct deposit with the City by providing a "Vendor Authorization Agreement for Electronic
Funds Transfer" form (ACH Form) to the City 's Financial Services Accounting Division . It is strongly encouraged for
current vendors to register for direct deposit with the City via Direct Deposit (ACH) Electronic Funds Transfer. The
form may be accessed on the City of Cape Coral website at:
https ://www.capecoral .gov/ProcuremenUACH%20Authorization%20Form .pdf
Please contact the Procurement Division at the number shown on this solicitation document herein as the first point
of contact for more information .
The link below will take you to the City of Cape Coral vendor Registration page :
https://www.capecoral .gov/departmenUfinancial services/procuremenUvendor registration .php
Suppliers submitting a response to any solicitation are not required to be registered vendors or set up EFT
payment prior to submitting their response . Suppliers do need to become register vendors and have the EFT
payment form in place prior to the award of any contract.
~ I Acknowledge
Page 7 of 14 pages Vendor: Flotech Environmental , LLC BPW2415MM Addendum 1
2 Public construction and Other Bonds -Bids
4 1. When the successful bidder delivers the executed Agreement to the City , it sha ll be accompanied by the
required Public Construction/Security Bond (SAMPLE Public Construction Bond form found under Attachment
Tab). The Bond sha ll be an amount at least equal to the Contract Price as security for the performance and
payment of all Contractor's obligations under the Agreement. The contractor shall be required to record the
bond in the public records of the County where the improvement is located and post a copy of the bond in a
prominent location at the work site .
2 . The successful bidder shall furnish City with a Publ ic Construction Bond executed by an acceptable surety
company on the Bond from provided under the Attachment Tab .
3. To be acceptable to the City as surety on bonds , surety shal l comply with the following provisions to be
provided in bid package :
3 .1 Surety must be licensed to do business in Florida and shall comply with all provisions of Florida
State Statutes ;
3.2 Surety must have been in business and have a record of successful , continuous operation for at
least five (5) years ;
3.3 Attorneys-in-fact who sign bid bonds or supply contract bonds must file with such bond a certified
copy of their power of attorney to sign such bond ;
3.4 Agents of Surety Companies must list their name , address , and telephone number on all bonds ;
3.5 Surety shall have the following minimum rating :
3.5.1 Best's Financial Rating of A-XII
3.5.2 Best Policyholder's Rating of "A" which sign ifies "excel lent" based on good underwriting ,
economic liabil ities , net resources for unusual stock , and sound investment.
4 . The bond shall remain in effect during the guarantee period until such time that it is replaced by a
warranty bond as detai led in the technical specifications .
5. All bonds must be executed under the corporate seal of the surety and counters igned on the part of the
surety by a qualified resident agent of the company or any attorney-in-fact wi t h proof of power attached to
the bond.
6 . If the surety ceases to meet any of the requirements of paragraph 3 above , Contractor shall within ten
(10) days substitute another Bond and Surety. Both must be acceptable to City.
7. Failure to execute the agreement and provide the Pub lic Construction Bond within ten (10) calendar days
from the date of the not ification of the award shall be just cause for the City to annul and void the award and
declare forfeiture of the proposal guarantee (Bid Bond) or good faith deposit in l iquidation of all damages
sustained by Owner . An Award may then be made , at the City's discretion , to the next lowest responsible
Bidder or the work may be re -advertised and re -bid .
~ I Agree
Page 8 of 14 pages Vendor: Flotech En vi ronmental , LLC BPW2415MM Addendum 1
2 E-Verify
5 As a condition precedent to entering into this CONTRACT and in compliance with The Imm igrati on and National ity
Act (INA), 8 U.S.C. Section 1324a(e) Section 274A(e) and Florida Statute State Section §448 .095 , Contractor or
Consultant and their subcontractors shall register with and use the E-Verify system to verify work authorization
status of all employees hired after January 1, 2021. The Employment Verification System (E-Verify) is operated by
the Department of Homeland Security in partnership with the Social Security Administrat ion .
A publ ic agency must require in any contract that the contractor, and any subcontracto r thereof, register with and
use the E -Verify system to verify the work authori z ation status of all new employees of the contractor or
subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each
party to the contract registers with and uses the E-Verify system (emp hasis mine).
NOTE: Response to this Solicitation must include E-Verify Memorandum of Understanding (MOU)
Verification document. Upload the E-Verify MOU document under the Response Attachment Tab.
PUBLIC AGENCY CONTRACTING
(a) A public agency must requ ire in any contract that the contractor , and any subcontractor thereof, register
with and use the E-Verify system to verify the work authorization status of all new employees of the contractor
or subcontractor. A public agency or a contractor or subcontractor thereof may not enter into a contract
unless each party to the contract registers with and uses the E-Verify system .
(b) If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor
with an affidavit stating that the subcontractor does not employ , contract with , or subcontract with an
unauthorized alien . The contractor shall maintain a copy of such affidavit for the duration of the contract.
(c)1. A public agency, contractor , or subcontractor who has a good faith belief that a person or an entity with
which it is contracting has knowingly violated s . 448. 09( 1) shall terminate the contract with the person or
entity .
2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the
contractor otherwise complied with this subsection , shall promptly notify the contractor and order the
contractor to immediately terminate the contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may not be considered as
such. If a public agency terminates a contract with a contractor under this paragraph , the contractor may not
be awarded a public contract for at least 1 year after the date on which the contract was terminated . A
contractor is liable for any additional costs incurred by a public agency as a result of the termination of a
contract.
(d) A public agency , contractor , or subcontractor may file a cause of action with a circuit or county court to
challenge a termination under paragraph (c) no la ter than 20 calendar days after the date on which the
contract was terminated .
~ I Acknowledge and Agree
2 Immigration Affidavit Certification
6 Every contractor , and subcontractor shall register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. A public employer , contractor, o r subcontractor may not enter into a contract
unless each party to the contract registers with and uses the E-Verify system .
Complete the Immigration Affidavit Certification Form found under the Attachments Tab and upload the completed
Notarized form under the Response Attachments Tab.
~ I Acknowledge and Agree
2 ARTICLE VII: Purchase and Sale of Real and Personal Property: CONE OF SILENCE
7
In accordance with Article VII, Division 1, Section 2-151 {k) of the City of Cape Coral Ordinance.
The Cone of Silence prohibits any communication regarding a particular RFP , RFQ or bid solicitation
after they have been
advertised. This Cone of Silence is designed to protect the professional integrity of the procurement
Page 9 of 14 pages Vendor: Flotec h Environmental , LLC BPW2415MM Addendum 1
process by shielding it from
undue influences prior to the recommendation of contract award.
§ 2-151
(k) Cone of Silence .
(1) Prohibited communication . Except as set forth in subsection (4 ) below , during a Competitive Solic itation , a
cone of silence shall be in
effect between :
a . Any person or entity that seeks a contract , contract amendment , award , recommendation , or approval
related to a Competitive
Solicitation or that is s u bject to , or are currently being eval uated or having it s response eva l uated i n
connection with a Competitive
Solicitat ion , including a person or entity 's representative ; and
b. Any City Council membe r , the City Manager and thei r respe ct ive support staff o r any person o r group of
persons appointed o r
designated by the City Council or the C ity Manager to eva lu ate , select , or ma ke a recommendat ion to
the City Council or the City
Manager regarding a Competitive Solicitation .
(2) Effective dates . A cone of silence shall begin and shall end for Competitive Solicitations as follows :
a . A cone of silence shal l be i n effect duri ng a c ompet it ive so l icitation process beginning upon the
advertisement for the Competitive
Solicitation , upon the receipt of an unsolicited proposal , or duri ng such othe r procuremen t ac ti v it ies as
declared by the City Council.
b. The cone of silence shall te r minate when either a contract is f ina lly approved , a protest is filed pursuant
to section 2-150 , or the city
rejects all bids or responses to the Competitive Solicitat ion , or takes othe r action which ends the
Competitive Solicitation process .
(3) Notice . When the cone of silence becomes effect ive for a pa rti cular Compet it ive Solicitation , the C ity
Manager or designee shall provide
notice of the cone of silence to the City Council. The solici tation document fo r the goods o r services
shall generally disclose the
requirements of this sect ion .
(4) Permitted communication .
a . The cone of silence shal l not apply to written or oral communications to t he Procurement Manager,
Procurement Manager's designee
or to the City Attorney's Office .
b. Nothing contained in this section shall prohib it any person or e ntity subject to this section from :
1. Making public presen tat ions at pre -bid conferences or at a se lection or negotiation meeting related to
the competitive selection .
2. Engag ing in contract negotiations with the entity selected to negotiate the ter ms of the contract o r with
the City Council during a
publ ic meeting .
3. Making a presentation to the City Council or the select ion advisory committee related to the competitive
solicitation .
4. Communicating with the person or persons designated in the competitive solicitation as the contact
person for clarification or
information related to the competitive solicitation . The contact person shall not be a member of the
selection/evaluation
committee , or the person designated to negotiate the agreement.
5 . Communicating with the city attorney or purchasing and contract adm i nistration staff in writing as
provided in subsection (c)
below.
(5) Violations . Any action in violation of this section may be immediate disqual ificat ion of the Competit ive
Solicitation or shall result in the
disqualification of the vendor .
Pag e 10 of 14 pages Vendor: Flotech Envi ronm e nta l , LLC BP W 24 15MM Addend um 1
(6) Exceptions . The cone of silence shall not apply to a competitive process which seeks to enter into a
contract or award of money to
perform governmental, or quasi-governmental , social or human services primarily for charitable ,
benevolent , humanitarian,
or other philanthropic purposes , such as the award of grants or support assistance to organized
nonprofit entities that
promote or assist with the care, education , health , standard of l iving , or general we lfare of
people in the City of Cape
Coral , or that promote or assist community or neighborhood enhancements.
(Ord . 25-95 , 6-12-1995; Ord . 68-07 , 7-23-2007 ; Ord . 25-23 , § 1, 4-5-2023)
~ I Understand and Agree
2 Ma intenance of Traffic
S MAINTENANCE OF TRAFF IC (MOT): Payment for this item shall be for each SOW, based upon the road
classification.
Reference #4 in the Line Item Tab.
~Yes
2 Mobilization/Demobilization
9 MOBILIZATION (MOB): Payment for this item shall be for each SOW, based upon the construction cost of each
sow.
Reference #5 in the Line Item Tab .
~Yes
3 Addenda
0 By checking the box below you are acknowledging the changes made during addendum #1 .
Changes : See Addendum #1 in the Attachments Tab .
~ I understand and agree
Bid Lines
1 Package Header
PIPE LINING
Quantity: _1 UOM : _EA __________________ _ Total: ~I _____ $_5~,5_2_5._75~1
Item Notes : Pipes 42" and up normally require the grate/casting removal and replacement and should be inc luded
in the price.
Package Items
1.1 15" Diameter Pipe Lin ing , 6mm Finished Thickness
$188 .501 Quantity : _1_ UOM : LF Price : .... I ____ ....:__ __ Total : I $188 .50 I
1.2 18" Diameter Pipe Lining , 6mm Finished Thickness
$205 .75 I Quantity : _1_ UOM: LF Price : ._I ____ ....:__ __ Tota l: I $205 .75 I
1.3 21" Diameter Pipe Lining , 9mm Finished Thickness
$247 .25 I Quantity: _1 UOM : LF Price: .... I ______ _ Total : I $247 .25 I
Page 11 of 14 pages Vendor: Flotech Environmental , LLC BPW2415MM Addendum 1
2
1.4 24" Diameter Pipe Lining , 9mm Finished Thickness
Quantity : _1 UOM : LF Price : I $264.75 I Total : I $264 .75 I
1.5 27" Diameter Pipe Lining, 10mm Finished Thickness
Quantity : _1 UOM : LF Price : I $296.50 I Total : I $296.50 I
1.6 30" Diameter Pipe Lin ing , 12mm Finished Thickness
Quantity : _1 UOM : LF Price: I $339 .75 I Total : I $339 .75 I
1.7 36" Diameter Pipe Lining , 15mm Finished Thickness
Quantity: _1 UOM : LF Price : I $4 04 .75 I Total: I $404 .75 I
1.8 42" Diameter Pipe Lining , 18mm Finished Thickness
Quantity: _1 UOM : LF Price : I $486 .50 I Total: I $486.5 0 I
1.9 48" Diameter Pipe Lining , 20mm Finished Thickness
Quantity : _1 UOM : LF Price : I $5 62.00 I Total : I $562.00 I
1.10 54" Diameter Pipe Lining , 25mm Finished Thickness
Quantity : _1 UOM: LF Price: I $72 0 .001 Total : I $720 .00 I
1.11 60" Diameter Pipe Lining , 28mm Finished Thickness
Quantity : _1 UOM: LF Price: I $755 .oo I Total: I $7 55.oo I
1.12 72" Diameter Pipe Lin ing , 34mm Finished Thickness
Quantity: _1 UOM : LF Price : I $1 ,055.oo I Total: I $1,055 .oo I
Package Header
BY-PASS/ PUMPING/ DEWATERING WHERE NEEDED
Quantity : _1 UOM : _EA ________________ _ Total : l._ ______ $_0._12~I
Item Notes : Pipes 42" and up norma lly require grate /casting removal and replaceme nt and should be included in
the pr ice.
Package Items
2.1 15" P ipe Diameter
Quantity : _1 UOM : EA Price : I $0 .01 I Total: I $0 .01 I
2.2 18" Pipe Diameter
Quant ity : _1 UOM : EA Price : I $0.01 1 Total: I $0.01 I
2.3 21" Pipe Diameter
Quantity : _1 UOM : EA Price : I $0 .01 1 Total: I $0 .011
2.4 24" Pipe Diameter
Quantity : _1 UOM : EA Price : I $0 .01 1 Total : I $0 .01 I
2.5 27" Pipe Diameter
Quantity: _1 UOM : EA Price : I $0.01 I Total : I $0.01 I
2.6 30" Pipe Diameter
Quantity : _1 UOM : EA Price : I $0.01 I Total : I $0.01 I
Page 12 of 14 pages Vendor: Flotech Environmental , LLC BPW2415MM Addendum 1
2.7 36" Pipe D iameter
Quantity : _1 UOM : EA Price : I $0 .01 1 Tota l: I $0 .01 I
2.8 42" Pipe Diameter
Quantity: _1 UOM : EA Price : I $0.01 I Total : I $0 .01 I
2.9 48" Pipe Diameter
Quantity : _1 UOM: EA Price : I $0 .01 I Tota l: I $0 .01 I
2 .10 54" Pipe Diameter
Quant ity: _1 UOM : EA Price : I $0 .01 I Tota l: I $0 .01 I
2.11 60" Pipe Diameter
Quant ity : _1 UOM : EA Price : I $0.01 I Total : I $0 .01 I
2.12 72" P ipe Diameter
Quan t it y: _1 UOM : EA Price : I $0 .01 I Tota l: I $0.01 I
3 Package Header
Maintenance of Traffic (MOT)
Quanti ty: _1 UOM : LS Total : I $1 ,200 .01 I
Package Items
3.1 MOT: Local Roads
Quan tity : _1 UOM : LS Price : I $0 .01 I Total : I $0 .01 I
3.2 MOT: Collector Roadways
Quan t it y: _1 UOM : LS Pri ce : I $500.00 I Tota l: I $500 .00 I
3.3 MOT: Arterial
Quantity : 1 UOM : LS Price : I $700 .00 I Total : I $700 .00 I
4 Package Header
MOBILIZATION (MOB): Price for MOB based on the SOW price .
Quantity : _1 UOM : LS Total : I $3 ,000 .0 1 I
Item Notes : Paym e nt for this item sha ll be based on the constru cti on cost per Statement of Work
Package Items
4.1 MOBILIZATION (MOB): Price for MOB where the SOW is priced less than $25 ,000 .
Quantity : _1 UOM : LS Price : I $3 ,000.00 I Tota l: I $3 ,000 .00 I
4.2 MOBILIZATION (MOB): Price for MOB where the SOW is priced greater than $25 ,000 .
Quantity : 1 UOM : LS Price : I $0 .01 I Total : I $0.01 I
5 Package Header
EXCAVATION FOR LINE OBSTRUCTION
Quantity : _1 UOM : HR Total: I $1 ,000 .00 I
Page 13 of 14 pages Ve ndor: Fl otec h Envi ronme ntal , LLC BP W24 15MM Add e nd um 1
Package Items
5.1 Excavation fo r Line Obstruction
Quantity : _1 UOM: HR
Page 14 of 14 pages
Price : I
Ve nd or: Fl otec h Envi ronmental , LLC
$1 ,000 .00 I Total : I $1 ,000.00 I
Response Total: $10 ,725 .89
BPW2415MM Addendum 1
Piggyback Rider
City of Winter Springs and Flotech Environmental, LLC
Page 7 of 15
EXHIBIT B
INVITATION FOR BID NO. BPW2415MM-A
Page 1 of 15
INVITATION TO BID
INTRODUCTION, GENERAL CONDITIONS & SPECIAL CONDITIONS
SERVICE SOLICITATIONS
INTRODUCTION
The City of Cape Coral was incorporated in 1970 and operates under the Council/City Manager
form of government. The City Council has eight members consisting of the mayor and seven
members all elected at large on a nonpartisan basis. City Council is responsible for all policy-
making functions of the government and retains the services of a City Attorney, City Auditor and
City Manager. The City Manager is responsible for all administration of the City, which provides
a comprehensive range of municipal services including general government, public safety,
community services, public works, planning, utilities, and parks and recreation.
Cape Coral is the 8th largest city by population and the 3rd largest by land mass in Florida. Cape
Coral currently has a population of more than 200,000 residents and is experiencing high
growth. As a pre-platted community, Cape Coral could have more than 360,000 residents at
buildout. The city has a sub-tropical lifestyle with thousands of waterfront residential properties
on almost 400 miles of canals. About two-thirds of these canals provide boaters with direct access
to the Gulf of Mexico.
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The Legal Entity Name of proposer must be provided on the proposal submittal and all
proposal form documents that are being submitted for the proposed goods or services
requested in this solicitation. The Legal Entity Name will be used when creating the
proposed goods or services contract between the Awarded Firm and the City.
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Page 2 of 15
2.0 GENERAL CONDITIONS
2.1 DEFINITIONS
2.1.1 Addenda are issued electronically via the e-bid platform, prior to the opening of
Bids which clarify, correct, or change the Bidding Requirements of the Contract
Documents.
2.1.2 Agreement: The written contract between City and Contractor covering the work
to be performed or goods to be purchased; other Contract Documents are attached
to the Agreement and made a part thereof as provided therein.
2.1.3 Bid: The offer or proposal of the bidder setting forth the prices for the work to be
performed or goods to be purchased. Also referred to as “e-bid” or electronic bid.
2.1.4 City: Shall be understood as referring to the City of Cape Coral, Florida.
2.1.5 Contract Documents are the agreement, Addenda, Contractor’s Bid, except
when it conflicts with any other contractual provision, the Notice to Proceed, the
Bonds, this Bid Package, these General Conditions, the Specification and
Drawings, any Special Conditions, together with all Written Amendments.
2.1.6 Contract Price is the monies payable by the City to the Contractor for completion
of the work in accordance with the Contract Documents as stated in the
Agreement.
2.1.7 Contract Time is the number of days or the dates stated in the Agreement.
2.1.8 Contractor: Shall be understood as referring to the individual, corporation, or
partnership whose name appears on the Contract.
2.1.9 Effective Date of the Agreement is the date indicated in the Agreement on which
it becomes effective, but if no such date is indicated it means the date on which
the Agreement is signed by the last of the parties.
2.2 INVITATION TO BID
2.2.1 NOTICE IS HEREBY GIVEN that the City of Cape Coral, Florida is advertising for
sealed bids. All items included in the electronic bid are a part of this bid and by
reference are made a part thereof
2.2.2 In the event of any conflict between this Invitation to Bid and City of Cape Coral
Ordinance, the provisions of the Ordinance shall prevail.
2.3 SUBMISSION OF BIDS
2.3.1 Firms shall submit their responses to this Invitation to Bid (ITB) via the electronic
procurement portal, Ion Wave. Responses must be submitted electronically by the
time and date indicated on the ITB.
Page 3 of 15
2.3.2 Failure to return all the required items with a bid/proposal MAY result in your bid
being considered non-responsive and may not be considered for award.
2.3.3 The person submitting this bid or proposal represents and warrants that he or she
is duly authorized and has legal capacity to do so on the company’s behalf.
2.3.4 A bidder responding to this Invitation to Bid (ITB) as a joint venture is required to
obtain bid authority under Rule 61G4-15.0022, Florida Administrative Code and
include evidence of such bid authority in its response to this ITB.
2.4 QUALIFICATIONS OF BIDDERS
2.4.1 Only one proposal from an individual, firm or partnership, or corporation under the
same or different names will be considered. Should it appear to the City that any
Bidder is interested in more than one proposal for the work contemplated, all
proposals in which such Bidder is interested will be rejected. Should there be any
reasonable grounds for the City to believe that a collusion or combination exists
between Bidders, all proposals may be rejected and all such Bidders or
participants in such combination or collusion will be disqualified from any future
bidding for the same project.
2.4.2 Bids will be considered only from firms normally engaged in the sale and distribution
of the items specified herein. Vendors must have adequate organization, facilities,
equipment, and personnel to ensure prompt and efficient service to the City of Cape
Coral.
2.4.3 The City reserves the right before recommending any award to inspect the facilities
and organization or to take any other action necessary to determine ability to perform
in accordance with the specifications, terms, and conditions.
2.4.4 The City of Cape Coral will determine whether the evidence of ability to perform is
satisfactory and will make awards only when such evidence is deemed satisfactory
and reserves the right to reject bids where evidence is submitted, or investigation and
evaluation, indicates inability of the bidder to perform.
2.5 EXAMINATION OF BIDDING DOCUMENTS AND SITE – (AS APPLICABLE)
2.5.1 Before submitting a Bid each bidder must (a) examine the Bidding Documents
thoroughly, (b) visit the site to familiarize himself with local conditions that may in
any manner affect cost, progress, or performance of the Work, (c) familiarize
himself with federal, state and local laws, ordinances, rules and regulations that
may in any manner affect cost, progress or performance of the Work; and (d) study
and carefully correlate observations with the Bidding Documents.
2.5.2 Reference is made to the Special Conditions (if applicable) for the identification of
those reports of investigations and tests of subsurface and latent physical
conditions at the site or conditions otherwise affecting cost, progress or
performance of the Work which have been relied upon by A/E in preparing the
Drawings and Specifications. City will make copies of such reports available to any
Bidder requesting them. These reports are not guaranteed as to accuracy. For his
Page 4 of 15
bid each Bidder will, at his own expense, make such additional investigations and
tests as the Bidder may deem necessary to determine his Bid for performance of
the Work in accordance with the time, price and other terms and conditions of the
Bidding Documents.
2.5.3 The lands upon which the Work is to be performed, rights-of-way for access thereto
and other lands designated for use by Contractor in performing the Work are
identified in the Special Conditions (if applicable), General Conditions or Drawings.
2.5.4 The submission of a Bid will constitute an incontrovertible representation by the
Bidder that he has complied with every requirement of this paragraph 1.6 and that
the Bidding Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance of the Work.
2.6 INTERPRETATIONS/QUESTIONS
2.6.1 All questions about the meaning or intent of the Bidding Documents shall be
submitted via the Electronic Procurement (E-Procurement) platform by the date and
time stated in the Events Tab of the E-Procurement. Questions shall be submitted
through the Questions Tab and selecting Add Question.
2.6.2 Interpretations of the Bid or additional information as to its requirements, where
necessary, shall be communicated to all prospective bidders by addendum only.
All addendums will be posted through the electronic bid platform. By submitting a
bid, the firm is acknowledging it has reviewed all addenda related to the bid.
NO ADDENDA WILL BE ISSUED WITHIN FIVE (5) BUSINESS DAYS PRIOR TO
THE SUBMISSION DEADLINE, UNLESS AN ADDENDUM HAS BEEN ISSUED
EXTENDING THE DEADLINE.
2.7 MODIFICATION AND/OR WITHDRAWAL OF BIDS PRIOR TO BID OPENING
Mistakes discovered before the Bids are opened may be modified or withdrawn by the
bidder through the electronic bid platform, prior to the time set for the bid submittal.
2.8 BID SECURITY, IF REQUIRED
If a bid security is required, a copy must be attached within the e-bid submittal and the
original document to be submitted via hard copy in a sealed envelope to the City. The
sealed envelope should include the bid #, bid title, and company name. The sealed
envelope is to be delivered to the City of Cape Coral at 1015 Cultural Park Blvd, 2nd Floor
– Procurement Division, Cape Coral, FL 33990 by the bid closing date and time stated in
the e-bid.
It is the responsibility of the Vendor to ensure the bid security is received by the
Procurement Division by the submission deadline. Procurement is not responsible for late
mail or deliveries.
Page 5 of 15
2.9 OPENING OF BIDS
2.9.1 Bids are to be submitted in accordance with the instructions provided herein. Per
Florida State Statute 255.0518, the names of bidder and price submitted will be
read aloud and recorded.
2.9.2 Pursuant to Florida State Statute 119.071(2), sealed bids, proposals or replies
received by an agency pursuant to a competitive solicitation are exempt from
s.119.071(1) and s.24(a), Art. I of the State Constitution until such time as the
agency provides notice of intended decision or until thirty (30) days after opening
the bids, proposals, or final replies, whichever is earlier.
2.10 WITHDRAWAL OF BIDS AFTER BID OPENING
After bids are opened, corrections or modifications to bids are not permitted, but a bidder
may be permitted to withdraw an erroneous bid, prior to the bid award by City Council, if
the following is established:
2.10.1 That the bidder acted in good faith in submitting the bid;
2.10.2 That in preparing the bid there was an error of such magnitude that enforcement
of the bid would work severe hardship upon the bidder;
2.10.3 That the error was not the result of gross negligence or willful inattention on the
part of the bidder;
2.10.4 That the error was discovered and communicated to the City within twenty-four
(24) hours of bid opening, along with a request for permission to withdraw the bid;
and
2.10.5 The bidder submits documentation and an explanation of how the bidding error
was made.
2.11 BID PROTEST PROCEDURE
Protests must be filed in accordance with Article VII Division 1 Section 2-150 of the City
of Cape Coral Ordinance. Refer to Protest Procedures included with this solicitation for
specific information.
2.12 AWARD OF CONTRACT
2.12.1 The City reserves the right to reject any and all Bids, to waive any and all
informalities and to negotiate contract terms with the successful Bidder, and the
right to disregard all nonconforming, nonresponsive or conditional bids.
2.12.2 The Successful Bidder will be awarded the amount indicated in the electronic bid
submittal. In evaluating bids, the City shall consider the qualifications of the
bidders, whether or not the bids comply with the prescribed requirements, and
alternates and unit prices, if requested, in the electronic bid.
2.12.3 The City intends to award to the lowest responsive, responsible bidder. In
determining the lowest responsive responsible bidder, in addition to price, the
following shall be considered:
Page 6 of 15
2.12.3.1 The ability, capacity, skill and sufficiency of resources of the bidder to
perform the contract.
2.12.3.2 The bidder's ability to perform the contract within the time specified.
2.12.3.3 The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
2.12.3.4 The quality of performance of the bidder on previous City contracts.
2.12.3.5 The previous and existing compliance by the bidder with laws and
ordinances relating to the contract.
2.12.3.6 The quality, availability and adaptability of the supplies or professional
or contractual services to the particular use required.
2.12.3.7 The ability of the bidder to provide future maintenance, service or
warranty work.
2.12.4 They City reserves the right to award by group or split the award between vendors
as best serves the requirements of the City of Cape Coral.
2.12.5 The City Council reserves the right to waive minor variations to specifications,
informalities, irregularities and technicalities in any bids; to reject any and all bids
in whole or in part with or without cause, and/or to accept bids that in its judgment
will be in the best interest of the City. Following complete investigation of each bid
received by the City, the City Council reserves the right to make awards on a
multiple, lump sum, or individual item basis or in combination as shall best serve
the interest of the City.
2.13 CONTRACT TIME
The number of calendar days after the stipulated date of commencement in the Notice to
Proceed or after the purchase order is received by the vendor.
2.14 WORK HOURS
Regular working hours are defined as up to eight (8) hours per day, Monday through
Friday, beginning no earlier than 7:00 AM and ending no later than 7:00 PM, excluding
City recognized holidays. The City observes the following holidays: New Year’s Day,
Martin Luther King Jr., President’s Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veteran’s Day, Thanksgiving Day and the day after, and Christmas Day.
2.15 ADDITIONS/DELETIONS
The City reserves the right to request additional goods that are not listed on the bid sheets.
2.16 VENDOR REGISTRATION
All vendors must be registered with the City of Cape Coral electronic procurement portal at
https://capecoral.ionwave.net in order to submit a response to a solicitation.
Page 7 of 15
Upon award of a contract, the vendor will also need to register with the City of Cape Coral
vendor portal. Registration can be done online from the City of Cape Coral website,
www.capecoral.gov. Once on the website, under “I WANT TO,” click on “Register” then “City
Vendor.” That will take you to the “Vendor Portal” page from where you may register online.
2.17 TAX EXEMPTION
The City of Cape Coral, Florida as a political subdivision of the State of Florida, is exempt
from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes.
The awarded vendor will be provided a copy of the City of Cape Coral's Certificate of
Exemption (85-8012589883C-5) upon request.
2.18 PERMITS, LICENSES AND REGULATIONS – (AS APPLICABLE)
The awarded bidder shall comply with all Federal, State, and Local laws, rules and
regulations.
Permits and licenses necessary for the performance of this work shall be secured and paid
for by the awarded vendor(s) prior to execution of the contract or purchase order. Prior to
starting any work within the City Right-of-Ways, a Right-of-Way permit and a Maintenance
of Traffic, “MOT” Plan must be acquired by contacting the Public Works Department,
Construction Inspector at (239) 242-3295. Owner shall notify the contractor of permits
required and reimburse contractor for the applicable fees. Any City permits and fees not
disclosed but found to be required, can be billed separately.
A complete list of Permits fees can be obtained from the Department of Community
Development located at Cape Coral City Hall or on the web:
https://www.capecoral.gov/department/community_development/fees.php
If the Bidder has a valid state certified contractor’s license, they are required to register
with the City of Cape Coral, Licensing/Business Tax Division in order to work in Cape Coral.
If the Bidder currently possesses a state certified contractor’s license, a City Competency
License is also required.
If the Bidder has a permanent business location within the City of Cape Coral (including
branch offices and storage or warehouse facilities), then a City Certificate of Use and
Business Tax Receipt are required. If the Bidder has a permanent business location
within the City of Cape Coral (including branch offices and storage or warehouse facilities),
then a City occupation license is required.
It is required that each Bidder submit with their bid, copies of their occupational and/or
competency licenses. If the Bidder does not hold a current license with the City of Cape
Coral, the Bidder is required to register with the Licensing Division of the Department of
Community Development upon contract award.
Specific information on licensing requirements may be obtained by calling (239) 574-0430.
Failure to provide evidence of any required occupational or competency licenses may be
cause for rejection of bid.
Page 8 of 15
2.19 COMPLIANCE WITH GOVERNMENT STANDARDS – (AS APPLICABLE)
All services to be purchased under this solicitation shall be performed in accordance with
all governmental standards, to include, but not be limited to, those issued by the American
National Standards Institute (ANSI), the American Society for Testing Materials (ASTM),
the Environmental Protection Agency (EPA), the Instrument Society of America (ISA), the
International Standards Organization (ISO), the National Institute of Occupations Safety
Hazards (NIOSH), the National Sanitation Foundation (NSF), the National Fire Protection
Association (NFPA), and the Occupational Safety and Health Administration (OSHA).
Special attention is made to OSHA’s 29CFR 1910 regulations relating to hazardous
atmospheres in confined spaces.
It shall be the responsibility of all bidders to follow current standards and be regularly
informed and to conform to any changes in standards issued by any regulatory agencies
during the term of this contract.
2.20 LOBBYING
2.20.1 All firms and their agents who intend to, or have, submitted bids or responses for this
project are hereby placed on formal notice that neither City Council Members,
candidates for City Council, members of the Selection Advisory Committee (SAC),
nor any employee of the City of Cape Coral are to be lobbied either individually or
collectively concerning this project.
2.20.2 Contact should only be made through regularly scheduled Council meetings, or
meetings scheduled through the Procurement Division, which are for the purposes of
obtaining additional or clarifying information.
2.20.3 Any action, to include dinner or lunch invitations, by a submitting firm that may be
interpreted as being within the purview of this requirement shall result in the
immediate disqualification from further consideration in this project.
2.21 AUTHORITY TO PIGGYBACK
It is hereby made a precondition of any bid and part of these specifications that the
submission of any bid in response to this request constitutes a bid made under the same
conditions, for the same price, and for the same effective period as this bid, to any other
governmental entity.
2.22 COOPERATIVE PURCHASING
The City of Cape Coral participates in cooperative purchasing agreements; it is hereby
made a part of this Invitation to Bid that the submission of any bid in response to this
advertised request constitutes a bid made under the same conditions, for the same
contract price, to other governmental entities in Florida.
Each government agency desiring to accept these bids, and make an award thereof, shall
do so independently of any other governmental agency. Each agency shall be responsible
for its own purchases, and each shall be liable only for services ordered and received by
it, and no agency assumes any liability by virtue of this bid.
Page 9 of 15
2.23 ANNUAL APPROPRIATION
The City’s performance and obligation to pay under this contract is contingent upon annual
an appropriation by the City Council.
2.24 INDEMNIFICATION
The awarded bidder shall indemnify and hold harmless the City, its officers and employees,
from liabilities, damages, losses and costs, including but not limited to, reasonable
attorney’s fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of the awarded bidder and any persons employed or utilized by the
awarded bidder in the performance of the resulting contract.
2.25 PAYMENTS
2.25.1 City shall make payment and Contractor shall be in receipt of all sums properly
invoiced within thirty (30) days of the City’s receipt of such invoice unless, within
a fifteen (15) day period, City notifies Contractor in writing of its objection to the
amount of such invoice, together with City’s determination of the proper amount
of such invoice. City shall pay any undisputed portion of such invoice within such
thirty (30) day period.
2.25.2 If City shall give such notice to the Contractor within such fifteen (15) day period,
such dispute over the proper amount of such invoice shall be resolved, and after
final resolution of such dispute, City shall promptly pay the Contractor the amount
so determined, less any amounts previously paid by City with respect to such
invoice. In the event it is determined that City overpaid such invoice, the
Contractor shall promptly refund to the City the amount of such overpayment.
2.25.3 The City of Cape Coral has implemented a P-Card Program. The awarded
Contractor may take advantage of this program and receive payments within days
of delivery in lieu of standard invoicing by accepting a City of Cape Coral VISA
Purchasing Card. However, no additional costs will be covered by the City of
Cape Coral for the awarded Contractor Merchant Service fees and/or interchange
rate.
2.25.4 Payments by Electronic Funds Transfer: All payments made by the City of
Cape Coral will be made by Direct Deposit (ACH) via electronic funds transfer.
Paper checks will no longer be issued to new vendors. Every new vendor must
register for direct deposit with the City by providing a "Vendor Authorization
Agreement for Electronic Funds Transfer” form (ACH Form) to the City’s Financial
Services Accounting Division. It is strongly encouraged for current vendors to
register for direct deposit with the City via Direct Deposit (ACH) Electronic Funds
Transfer form. The form may be accessed on the City of Cape Coral website at:
https://www.capecoral.gov/Procurement/ACH%20Authorization%20Form.pdf
Please contact the Procurement Division at the number shown on this solicitation
document herein as the first point of contact for more information.
Page 10 of 15
The link below will take you to the City of Cape Coral vendor Registration page:
https://www.capecoral.gov/department/financial_services/procurement/vendor_registration.php
Suppliers submitting a response to any solicitation are not required to be
registered vendors or set up EFT payment prior to submitting their response.
Suppliers do need to become register vendors and have the EFT payment form
in place prior to the award of any contract.
2.26 OTHER CONTRACTS
The City of Cape Coral reserves the right to purchase off State Contracts or any other
available contracts if deemed to be in the best interest of the City.
2.27 RECORD KEEPING
The awarded bidder shall maintain auditable records concerning the procurement
adequate to account for all receipts and expenditures, and to document compliance with
the specifications. These records shall be kept in accordance with generally accepted
accounting principles, and the City of Cape Coral reserves the right to determine the
record-keeping method in the event of non-conformity.
Records of the Contractor’s personnel, sub-consultants, and the costs pertaining to the
Project shall be kept in accordance with generally accepted accounting practices.
Contractor shall keep full and detailed accounts and financial records pertaining to the
provision of services for the City. Prior to commencing work, Contractor shall review with
and obtain the City’s approval of the accounting procedures and records to be utilized by
the Contractor on the Project. Contractor shall preserve the aforementioned Project
records for a period of ten (10) years after final payment, or for such longer period as may
be required by law.
2.28 PUBLIC RECORDS
Pursuant to Florida Statute §287.058 (1) (c), this contract may be unilaterally cancelled
by the City if the Contractor, refuses to allow public access to all documents, papers,
letters, or other material made or received by the Contractor in conjunction with this
contract, unless the records are exempt from disclosure.
2.29 SUBSTITUTE MATERIAL AND EQUIPMENT – (AS APPLICABLE)
The Contract, if awarded, will be on the basis of material and equipment described in the
Drawings or specified in the Specifications. Whenever it is indicated in the Drawings or
specified in the Specifications that a substitute or “or equal” item of material or equipment
may be furnished or used by Contractor is acceptable to A/E, application for such
acceptance will not be considered by A/E until after the “effective date of the Agreement.”
Contractor submittal is to be based on the specifications outlined in the Invitation to Bid.
Page 11 of 15
2.30 SAFETY OSHA COMPLIANCE – (AS APPLICABLE)
2.30.1 The Contractor shall comply in all respects with all Federal, State and Local safety
and health regulations. Copies of the Federal regulations may be obtained from
the U.S. Department of Labor, Occupation Safety and Health Administration
(OSHA), Washington, DC 20210 or their regional offices.
2.30.2 The Contractor shall comply in all respects with the applicable Workman’s
Compensation Laws.
2.31 TERMINATION
The resulting contract may be canceled by the City at any time and for any reason, upon
giving thirty (30) days written notice to the Contractor.
The awarded bidder may cancel the contract on its anniversary provided a written notice has
been received by the City’s Procurement Manager ninety (90) days prior to the end of the
initial term and subsequent renewal date.
2.32 FINANCIAL DOCUMENTS
The City of Cape Coral may request additional information related to financial documents
required from bidders/proposers. Those requests may include submittal of financial
statements, financial records, bonds, or insurance or other documents necessary to ascertain
the viability of the bidder/proposer for the bid or service requested. The failure to submit the
requested documents may deem the bidder/proposer as non-responsive/non-responsible
and therefore ineligible for award of the bid or service proposed.
2.33 SIGNING OF AGREEMENT (AS APPLICABLE)
When Owner issues a Notice of Intent to Award to the Successful Bidder, the Owner will
request the successful bidder to provide a signed agreement (using blue ink), which has
been partially signed by Owner staff. Once the intent to award has been approved by City
Council, authorized Owner staff will complete the signing of the contract documents. The
contract will then become fully executed. Owner will deliver one fully executed agreement
to the Successful Bidder. Within fifteen (15) calendar days thereafter, the awarded Bidder
shall deliver the Certificate of Insurance providing coverage as outlined in the bid
documents, with the Owner being named as additional insured, original payment and
performance bonds (when applicable) that have been recorded in Lee County Clerk of
Courts, and any additional documentation required to be delivered by the Contract
Documents to Owner. No work is to begin on the project, prior to issuance of the Notice to
Proceed and issuance of a fully executed Purchase Order.
2.34 COUNTERPARTS
The Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original but all of which together will constitute one and the same
instrument.
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2.35 FEMA COMPLIANCE, IF APPLICABLE
If made applicable by the use of Federal Grant funds in the Project, or any other
requirement, Bidders and any Sub-contractors included as part of project team shall
comply with the most recent enactments, rules, regulations, orders, and statutes as shown
at the link below:
Resource Library: Purchasing Under a FEMA Award | FEMA.gov
2.36 E-VERIFY VALIDATION
As a condition precedent to entering into this CONTRACT and in compliance with The
Immigration and Nationality Act (INA), 8 U.S.C. Section 1324a(e) Section 274A(e) and
Florida Statute State Section §448.095, Contractor or Consultant and their subcontractors
shall register with and use the E-Verify system to verify work authorization status of all
employees hired after January 1, 2021. The Employment Verification System (E-Verify) is
operated by the Department of Homeland Security in partnership with the Social Security
Administration.
The following conditions must be met by all Contractors, Consultants and Subcontractors:
a. Contractor or Consultant shall require each of its subcontractors to provide them with
an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. Contractor, Consultant or Bidder shall
maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records
retention requirements of this AGREEMENT.
b. The CITY, Contractor, Consultant, Bidder or any subcontractor who has a good faith
belief that a person or entity with which it is contracting has knowingly violated The
Immigration and Nationality Act (INA) contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) Section §448.09(1), Florida Statute or the provisions of this section shall
terminate the contract with the person or entity.
c. The CITY, upon good faith belief that a subcontractor knowingly violated the provisions
of this section, but Contractor or Consultant otherwise complied, shall promptly notify
Contractor or Consultant and they shall immediately terminate the contract with the
subcontractor.
d. A contract terminated under the provisions of this section is not a breach of contract
and may not be considered such. Any contract termination under the provisions of this
section may be challenged pursuant to Section §448.095(2)(d), Florida Statute.
Contractor or Consultant acknowledges that upon termination of this AGREEMENT by
the CITY for a violation of this section by Contractor or Consultant, that the Contractor
or Consultant may not be awarded a public contract for at least one (1) year.
Contractor or Consultant further acknowledges that Contractor or Consultant is liable
for any additional costs incurred by the CITY as a result of termination of any contract
for a violation of this section.
e. Subcontracts: Contractor, Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in this section, including this subsection, requiring
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the subcontractors to include these clauses in any lower tier subcontracts. Contractor
or Consultant shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section.
2.37 SPECIAL RESPONSIBILITIES
Burrowing Owls are classified as “Threatened” and are protected under the Florida
Administrative Code, the Migratory Bird Treaty Act, and City Ordinance 20-19. In
accordance with the Florida Fish and Wildlife Conservation Commission, the City of
Cape Coral is mandating that appropriate protective techniques must be initiated.
2.37.1 It is hereby acknowledged and accepted by all contractors that the Burrowing
Owls are protected by State and Federal law. Any malicious harassing of an owl,
causing injury or death, or unlawful taking of their nesting sites can result in a
fine up to five thousand ($5,000) dollars and/or imprisonment to the contractor.
2.37.2 Therefore, the contractor shall through the execution of his/her contract,
acknowledge that they have been made aware of applicable laws concerning
Burrowing Owls and their burrow.
2.37.3 The proper methods for identifying and protecting owls and burrows are as
follows:
2.37.3.1 Pre-inspection of the project limits prior to the commencement of
construction and staking each owl’s nest so as to prevent destruction
during the construction operations; and the contractor, to the best of his
ability, shall be required to submit the list of all owls’ nests to the A/E.
Nests should be staked and roped off with a minimum ten (10) foot
radius buffer. This buffer shall be increased to thirty-three (33) feet from
Feb 15th – July 10th.
2.37.3.2 The Contractor shall do no construction within a ten (10) foot radius of
each nest, identified by four (4) stakes, between July 11th and February
14th or within a thirty-three (33) foot radius between February 15th and
July 10th. Stakes shall be 1” x 2” x 36” above ground level, topped by
red surveying ribbon supplied by the Contractor. Stakes should be
placed in a square pattern ten (10) feet from the burrow entrance July
11th – February 14th and thirty-three (33) feet from the burrow entrance
February 15th – July 10th.
2.37.3.3 The Contractor shall accept full responsibility for the actions of his
employees and subcontractors to ensure that all laws protecting the
owls are adhered to. It shall be clearly understood by each Contractor
that City staff will monitor their activities and will take action if a burrow
is maliciously/unlawfully destroyed, or if injury/death occurs as a direct
result of his actions.
Gopher Tortoises - By submitting a bid for these services, it is hereby acknowledged
and accepted by each Bidder that Gopher Tortoises are protected by Ordinance 20-19
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and State Laws which prohibit the harming of Gopher Tortoises and their
burrows. Harming of Gopher Tortoises and their burrows will be reported to State
authorities. The City marks the half-moon shaped burrows with a single white PVC
stake. The Contractor should be on careful watch for any unmarked burrows/nest and
maintain a minimum twenty-five (25) feet buffer from the burrow/nest. Burrows shall be
roped off with a 25-foot buffer prior to commencement of any construction activities.
Units 33, 35, 37, 51, 53, 80, 91, and 97 have heavy Gopher Tortoise
Populations. Gopher Tortoises are typically active during daylight hours and due care
should be taken by the awarded Contractor(s) during that time.
Bald Eagles - Be advised that specific areas of this project may lie within a protective
zone of a Bald Eagle nesting site, which are protected by City Ordinance 165-06, and
Federal and State laws.
The Contractor shall accept full responsibility for the actions of their employees and
subcontractors to ensure that all laws protecting endangered species, including but not
limited to, Burrowing Owls, Gopher Tortoises, Bald Eagles, Eastern Indigo Snakes,
Florida Bonneted Bats, and Small Tooth Sawfish are adhered to. It shall be clearly
understood by each Contractor that City staff will monitor their activities and will take
action.
3.0 SPECIAL CONDITIONS
3.1 INSURANCE – See attached Minimum Insurance Requirements form in the “Attachments”
tab for information relative to insurance requirements.
3.1.1 By submitting a response to the solicitation, respondent is agreeing to meet the
insurance requirements of the project.
3.1.2 Without limiting its liability under this Invitation to Bid, the awarded bidder(s) shall
procure and continuously maintain, without interruption, at its own expense,
insurance specified on the enclosed exhibit.
3.1.3 Neither approval nor failure to disapprove the insurance furnished by awarded
bidder to the City shall relieve the awarded bidder of the awarded bidder’s full
responsibility to provide insurance, as required by this contract. The awarded
bidder shall be responsible for assuring that the insurance remains in force for the
duration of the contractual period; included any and all option years that may be
granted to that awarded bidder. The certificate of insurance shall contain the
provision that the City be given no less than thirty (30) days written notice of
cancellation. If the insurance is scheduled to expire during the contractual period,
the awarded bidder shall be responsible for submitting new or renewed certificates
of insurance to the City at a minimum of fifteen (15) calendar days in advance of
such expiration.
3.1.4 Deductibles: The City is exempt from, and is no way liable for, any sums of money
representing a deductible in any insurance policy. The payment of such deductible
shall be the sole responsibility of the firm providing such insurance.
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3.1.5 Any questions regarding these insurance requirements should be directed to the
City’s Risk Manager at 239-573-3138.
3.2 BID PRICE
Bid price shall be all inclusive of product, transportation charges, freight, unloading
charges or any other charges incurred in delivery. The City does not provide financial
deposits.
3.3 METHOD OF ORDERING
It is anticipated that the City will utilize purchase orders or blanket purchase orders.
Orders will be placed on an as needed basis.
3.4 INSPECTION
Upon receipt, a City representative prior to acceptance shall inspect each shipment for
condition and specification compliance. If the shipment must be rejected for any reason,
the seller shall be required to pick up the shipment at point of delivery at no charge to the
City.
3.5 INVOICES
Invoices must include full item description, unit and extended prices, P.O. number,
ordering division, delivery location, quantities delivered and backorder status.
3.6 SUMMARY REPORTS
Awarded bidder(s) shall be responsible for furnishing summary reports to the
Procurement Division upon request. These reports shall be for time period specified and
contain quantity and dollars spent for each item purchased.
END OF SECTION
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City of Winter Springs and Flotech Environmental, LLC
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EXHIBIT C
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:
7. 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
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.
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City of Winter Springs and Flotech Environmental, LLC
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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 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
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7. 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.
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: ____________________________________________________________
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City of Winter Springs and Flotech Environmental, LLC
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PRINCIPAL:
Name: ____________________________________________________________
Attention: ____________________________________________________________
Street: ____________________________________________________________
City, State: ____________________________________________________________
Zip: ____________________________________________________________
OWNER:
The City of Winter Springs
Attention: 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.
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.
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City of Winter Springs and Flotech Environmental, LLC
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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.
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)
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City of Winter Springs and Flotech Environmental, LLC
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EXHIBIT D
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.
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,
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City of Winter Springs and Flotech Environmental, LLC
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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.
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.
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City of Winter Springs and Flotech Environmental, LLC
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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