HomeMy WebLinkAbout2025 02 24 Regular 500 - Intent to Award RFP #12-24-02 HQ to Replace Inlet Valve at West Water Reclamation Facility to Cathcart Construction CompanyREGULAR AGENDA ITEM 500
CITY COMMISSION AGENDA | FEBRUARY 24, 2025 REGULAR MEETING
TITLE
Intent to Award RFP # 12-24-02 HQ to Replace an Inlet Valve at the West Water
Reclamation Facility to Cathcart Construction Company
SUMMARY
The City of Winter Springs requested proposals from qualified companies for the
purpose of providing their services for an Inlet Valve Replacement on a fixed cost and
scheduled project basis.
The Request for Proposals (RFP) was needed to correct the existing conditions caused
after the valve was damaged while repairing a force main during Hurricane Ian which
left the valve inoperable. The valve is located at the West Water Reclamation Plant and
is necessary to keep the flow from lift stations moving into the plant on the West side
of the City. The valve is currently open and not obstructing flow, however, this RFP will
make it fully functional for all its intended purposes.
The RFP outlined the project details to replace the main inlet valve and the RFP
submission requirements.
Some details of the project scope included: Replacement of the primary raw
wastewater influent 12-inch valve at the West Water Reclamation Facility (WRF). The
valve replacement consists of removing and replacing the damaged 12-inch primary
influent butterfly valve with a plug valve. Additionally, two (2) new 24-inch plug valves
will be placed on the other raw wastewater influent force main to provide an
additional means of flow shutoff and facilitate future repairs as needed. Linestops
with bypass piping will be required to ensure continuous flow of wastewater through
the facility during the valve, piping and tee replacement. The intent of the design is to
maintain the existing plant in service during construction activities.
The Request for Proposals (RFP) #12-24-02 HQ to Replace an Inlet Valve at the West
Water Reclamation Facility was advertised on December 13, 2024 with a total of two
(2) bids being received on January 24, 2025. An Advisory Selection Committee met on
February 12, 2025 in a publicly advertised meeting to score the proposals based on the
criteria within the Bid Documents. Below are the resulting scores (in alphabetical
order): Cathcart Construction Company: 290, $593,658.00, Razorback LLC: 241,
$679,600.00.
515
FUNDING SOURCE
The funding source for the scope of work to Replace an Inlet Valve at the WRF for a
total cost of $593,658.00, will come from the CIP G/L account #410-36-3600-560650
within the FY25 budget. The City will also submit for up to 75% reimbursement from
FEMA due to the valve damage occurring during Hurricane Ian.
RECOMMENDATION
Staff recommends the City Commission approve the award of the proposal for the
replacement of the West Water Reclamation Facility Inlet Valve to Cathcart
Construction Company in the amount of $593,658.00 with an estimated completion
time of 30 days. It is also requested that the City Manager and City Attorney prepare
and execute all applicable contract documents consistent with this agenda item.
516
RFP 12-24-02 HQ Inlet Valve Replacement
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
REQUEST FOR PROPOSAL
PROPOSAL : RFP # 12-24-02 HQ DATE: December 13, 2024
Sealed Proposals for the provision of service to replace an Inlet Valve in a WWTP will be received by the City of Winter
Springs (CITY) Procurement Department, located at Winter Springs City Hall, 1126 East State Road 434, Winter Springs,
Florida 32708, until:
January 24, 2024
2:00 p.m., local time
FOR
Inlet Valve Replacement
Said Proposals shall conform to the minimum requirements outlined in this Request For Proposal. The CITY reserves the
right to reject any and all offers and to waive minor informalities.
The CITY issues this Request For Proposal in order to select a Proposal(s) for further contract negotiation. Selection by the
CITY Commission may not result in the formation of a contract.
Submission and Receipt of RFP’s:
Proposers shall submit their Proposal response to this RFP by:
Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of your RFP
response to this office by the date and time indicated above.
The outside of your package must be clearly labeled with the RFP number, title, opening date and time, and the name
and address of the Proposer. The CITY is not responsible for submittals via postal or mail courier services, receipt by the
post office or mail courier prior to the deadline does not meet the CITY’s deadline requirements.
Proposals received after January 24, 2024 at 2:00 p.m., will be rejected.
Deadline for questions is December 27, 2024 1:00pm local time
Any Addenda, if required, will be issued by 2:00pm on January 06, 2025 on the Demand Star platform if questions are
received and require clarification.
If you have any questions regarding this Request For Proposal, please contact Stuart MacLean, Procurement Manager, at
(407) 327-7581, or via email at smaclean@winterspringsfl.org
PROPOSAL DOCUMENTS CAN BE DOWNLOADED FREE OF CHARGE FROM:
www.demandstar.com
or
https://www.winterspringsfl.org/rfps
517
RFP 12-24-02 HQ Inlet Valve Replacement
Request For Proposal Table of Contents
PART I SCOPE/EVALUATION/TIMELINE ......................................................................................................................... 5
Background .......................................................................................................................................................................... 5
Scope and Term of Service .................................................................................................................................................. 5
Submittal Procedures .......................................................................................................................................................... 8
Contract Modification Procedures .................................................................................................................................... 15
Close Out Procedures ........................................................................................................................................................ 18
Application for Payment .................................................................................................................................................... 21
Evaluation Criteria ............................................................................................................................................................. 20
Timeline of Events ............................................................................................................................................................. 22
PART II INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS ............................................................................. 23
Definitions ......................................................................................................................................................................... 23
Preparation of Request For Proposal ................................................................................................................................ 23
Contract Work Hours and Safety ....................................................................................................................................... 24
Davis-Beacon ..................................................................................................................................................................... 25
Procurement of Recovered Materials ............................................................................................................................... 25
Domestic Preference for Procurement ............................................................................................................................ 26
Warranties ......................................................................................................................................................................... 26
Submission and Receipt of Proposals ................................................................................................................................ 28
Selection of Proposal ......................................................................................................................................................... 28
Acceptance of Offer........................................................................................................................................................... 29
Notice of Award, Performance and Labor and Materials Payment Bond ......................................................................... 29
Discrepancies, Errors, and Omissions ................................................................................................................................ 29
Right to Reject Proposals ................................................................................................................................................... 29
Compensation ................................................................................................................................................................... 29
Fiscal Non-Funding Clause ................................................................................................................................................. 29
Rights of the CITY .............................................................................................................................................................. 29
Conflict of Interest ............................................................................................................................................................. 30
Public Entity Crimes ........................................................................................................................................................... 30
Copeland Anti-Kickback ..................................................................................................................................................... 30
Subcontracting .................................................................................................................................................................. 30
Default of Contract ............................................................................................................................................................ 31
Modification for Changes .................................................................................................................................................. 31
Order of Precedence ......................................................................................................................................................... 31
Examination of Records ..................................................................................................................................................... 31
Access to Records .............................................................................................................................................................. 31
Proposals Received ............................................................................................................................................................ 31
518
RFP 12-24-02 HQ Inlet Valve Replacement
Lobbying/Cone of Silence .................................................................................................................................................. 31
Byrd Anti-Lobbying Ammendment .................................................................................................................................... 32
Insurance and Hold Harmless Indemnitication ................................................................................................................. 32
Qualifications of Proposer ................................................................................................................................................. 33
Disqualification of Proposer .............................................................................................................................................. 33
Debarment and Suspension .............................................................................................................................................. 33
Licenses and Permits ......................................................................................................................................................... 33
Applicable Law and Venue ................................................................................................................................................ 33
Proposal Disclosure; Public Records Responsibilities ........................................................................................................ 34
Attorney Fees .................................................................................................................................................................... 34
E-Verify .............................................................................................................................................................................. 35
Modification and Withdraw .............................................................................................................................................. 35
Prohibition on Gifts to CITY Employees and Officials ........................................................................................................ 35
Discrimination ................................................................................................................................................................... 36
Federal Requirements ....................................................................................................................................................... 36
Clean Air and Federal Water Pollution Control Act ........................................................................................................... 36
Additional Information ...................................................................................................................................................... 36
PART III SPECIFIC BID REQUIREMENTS ........................................................................................................................ 37
Format ............................................................................................................................................................................... 37
Section A – Proposer Information and Acknowledgement Form ..................................................................................... 37
Section B – Table of Contents ........................................................................................................................................... 37
Section C – Introduction Letter ......................................................................................................................................... 37
Section D – Qualifications.................................................................................................................................................. 37
Section E - Other Information ........................................................................................................................................... 37
Section F – Cost and Time ................................................................................................................................................. 38
Section G – Mandatory Bid Forms ..................................................................................................................................... 38
Section H – Florida State Corporate Filing......................................................................................................................... 38
MANDATORY PROPOSAL FORMS
• Proposer Information and Acknowledgement
• Reference Information
• Insurance Requirements
• Scrutinized Company Certification
• Non-Collusions Affidavit
• Drug Free Workplace Certification
• Public Entity Crimes Statement
• Debarment, Suspension etc. Certification
• E-Verify Statement
• Conflict of Interest Statement
• Compliance with Florida Statute 787.06 Affidavit
• SMWBE Utilization Plan
519
RFP 12-24-02 HQ Inlet Valve Replacement
• Florida Trench Safety Act Certification
• Appendix A Cost Proposal Worksheet
• Appendix B Department of Labor - Prevailing Wage Determination Rates
• Appendix C Proposal Bond Form
• Appendix D Perfomance Bond Form
• Appendix E Labor and Materials Payment Bond Form
520
RFP 12-24-02 HQ Inlet Valve Replacement
PART I
SCOPE OF SERVICE/EVALUATION CRITERIA
FOR
RFP # 12-24-02 HQ
Inlet Valve Replacement
Background
The City of Winter Springs is located in Seminole County Florida, which is part of the Orlando-Kissimmee-Sanford
Metropolitan Area. As of 2021 the City of Winter Springs has a population of 38,317, covering 14.99 square miles.
Scope and Term of Service
The City of Winter Springs is requesting Proposals from qualified companies (Proposer or Proposers) for the purposes of
providing their services for an Inlet Valve Replacement on a fixed cost and schedule project basis to the CITY. The
detailed requirements are stated below.
A. TYPE OF WORK
1. The project scope includes, but is not limited to:
a. Replacement of the primary raw wastewater influent 12-inch valve at the West Water Reclamation
Facility (WRF). The valve replacement consists of removing and replacing the damaged 12-inch primary
influent butterfly valve with a plug valve. Additionally, two (2) new 24-inch plug valves will be placed on
the other raw wastewater influent force main to provide an additional means of flow shutoff and
facilitate future repairs as needed. The existing pipe on either end of the valves, along with the existing
24-inch by 12-inch tee, will be replaced to accommodate the added valves. Linestops with bypass piping
will be required to ensure continuous flow of wastewater through the facility during the valve, piping,
and tee replacement. The intent of the design is to maintain the existing plant in service during
construction activities.
b. The proposed additions will include removal and replacement of one (1) 12-inch plug valve on the
influent raw wastewater force main; addition of two (2) 24-inch plug valves on the other influent raw
wastewater force main; removal and replacement of one (1) 24-inch by 12-inch tee and removal and
replacement of 12-inch and 24-inch force main as required to accommodate new valves, tees, and
restraints. Also included is linestops with bypassing operation to not disrupt flows to West WRF,
resodding, removal and replacement of 6-foot black vinyl fencing and manual rolling gate, removal and
replacement of air pipe concrete support pad and pipe support, open cut and patch of access drive, and
other site restoration activities as detailed on the plans and required by governing authorities.
B. SPECIAL INSTRUCTIONS
SI 1. SUBSURFACE INVESTIGATION
1. Limited ground-penetrating radar (GPR) and subsurface utility exploration (potholing) activities were performed
as part of the initial site investigation in coordination with record drawings.
2. CONTRACTOR shall visit the site and acquaint themselves with all existing conditions prior to construction.
CONTRACTOR shall refer to the Drawings for requirements of subsurface investigation, in particular for the
linestop locations.
521
RFP 12-24-02 HQ Inlet Valve Replacement
SI 2. CONTRACTOR RESPONSIBILITIES
1.The CONTRACTOR shall be responsible for reviewing the site conditions, reviewing the RFP Documents,
verifying the RFP Schedule, and the inclusion of all items and costs necessary to complete the work and
submit a balanced and responsive bid. In reviewing the documents, the CONTRACTOR shall notify the
ENGINEER of any questionable items prior to the submission of Proposals.
SI 3. NO LOCAL PREFERENCE
1.The project is funded with Federal Funds and therefore Local Preference will not apply to the award of the
Contract.
SI 4. MINIMUM CONSTRUCTION EXPERIENCE QUALIFICATIONS
1.The RFP requires that the Proposer has sufficient experience in similar construction projects. This Special
Instruction sets forth certain Minimum Construction Experience Qualifications (“Minimum Qualifications”) that
must be met by the Proposer, and describes the reference information that the Proposer must submit as part of
the Proposal to allow the City to confirm that these Minimum Qualifications are met.
2.Definitions.
a.“Task” means the following specific type of construction-related activity:
i.Replacement of existing lift station and construction of new electrical/office building.
3.Who Must Meet the Minimum Qualifications?
a.ALL Proposers must meet the Minimum Qualifications associated with the tasks of the project, where
the Proposer was the PRIME firm on the example project.
4.What are the Minimum Qualifications?
a.The Minimum Qualifications are:
i.The Proposer must maintain a current State of FL General Contractor’s License.
ii.Provide a minimum of three (3) verifiable clients/references for projects that the Proposer has
successfully completed within the last ten (10) years of the due date of this RFP. The three (3)
projects shall have either a similar scope of work, or a scope of work of greater value and
complexity than described in Section A “Type of Work” described above. At least one (1) project
must involve work performed at a wastewater treatment facility or similar critical infrastructure.
Proposer shall provide a minimum of three (3) different references. On the three (3) reference
projects, please include any additional information that may include similar work (e.g., force
main valve replacement, linestop and bypass operations on large diameter force mains,
maintaining operation of existing facilities, etc.). The City and/or their designee must be able to
contact the reference; no further consideration will be given if contact cannot be made. The
information should include Owner’s name with contact person; description of work including
Proposer’s responsibilities; original contract price; final contract price; original contract time;
actual time to complete the project; and any relevant circumstances or conditions about the
project.
b.A project will be considered as counted toward meeting applicable Minimum Qualifications listed above,
only if, in addition to the conditions referenced, both of the following conditions are met: the Proposer
performed at least 50% of the project as the PRIME firm
c.A project will be deemed “successful” only if: (i) the entire project, including the Task referenced,
achieved final acceptance; or (ii) the Task referenced was deemed substantially complete (i.e., the
Facility Owner accepted the equipment installed or other result of the Task for the Facility Owner’s
beneficial use).
522
RFP 12-24-02 HQ Inlet Valve Replacement
d.A project will not be deemed to be “successful” for purposes above, even if it otherwise meets the
foregoing conditions, if any of the following occurred: (i) the Proposer was terminated from the project
for cause, (ii) in association with the work listed, the Proposer received any enforcement agency
warning letters, administrative fines or penalties, or the Proposer was required to pay damages by a
court of law, for Occupational Safety and Health Administration (OSHA) violations in association with
work; (iii) after project completion, the Facility Owner requested the Proposer to provide warranty work
and the Proposer failed to provide such work to the Facility Owner’s satisfaction; or (iv) the Facility
Owner or the Facility Owner’s contact person (listed below), for any other reason provides the City a
negative reference regarding the Proposer.
5.What is the Proposer Required to Provide?
a.To help the City determine whether the required Minimum Qualifications are met, the Proposer must
submit a Reference Package as part of the signed and sealed Proposal. All required documents are
included in the Mandatory Proposal Forms and are attached.
b.Reference Package requirements: The Reference Package will contain a title page containing the CITY
contract number and title as referenced in the Request for Proposal; the name of the CONTRACTOR,
followed by References for the Proposer. The References will be tabbed and indexed.
c.Each Project contained within the Reference Package will contain a sufficient number of references to
show that the Minimum Qualification is being met. Three (3) references must be provided to show that
the Minimum Qualification is met. The Reference Package, on the following pages, should be used to
show that the Minimum Qualifications are met.
d.The Proposer is encouraged to provide a backup Contact Person in each instance in case the City is
unable to reach the primary Contact Person.
6.How will the City use the information submitted above?
a.In evaluating the Proposals received, the City intends to contact each reference listed to verify that the
Minimum Qualifications were met. Proposers meeting the Minimum Qualifications will be considered
qualified to perform the work and their Proposal is considered responsive provided other material
requirements of the Proposal are met. NOTE: A Proposer is not prohibited from listing more than the
minimum number of projects to show that a specific Minimum Qualification is met (provided the
Proposer complies with the space).
SCHEDULE OF VALUES
1.01 SUMMARY
Section includes: Requirements for preparation, format, and submittal of Schedule of Values.
1.02 PREPARATION
A.Schedule of Values shall be a listing of all cost loaded, on-site construction activities from the progress
schedule, listed in numerical order, showing that the sum total of all cost-loaded activities equal the
Contract value.
B.When the schedule is changed or revised to include added or deleted work, the Schedule of Values shall
also be revised such that the sum total of all cost-loaded activities continuously equal the current Contract
value.
1.Equate the aggregate of these costs to the Lump Sum Contract Price.
C.Prepare Schedule of Values identifying costs of Major Items of Work.
1.03 SUBMITTALS
A.Submit Schedule of Values for the Preliminary Schedule.
B.Submit corrected schedule of values within ten (10) days upon receipt of reviewed Schedule of Values, but
no later than ten (10) days prior to anticipated submittal of first Application for Payment.
C.Upon request, support prices with data which will substantiate their correctness.
D.If activities are added or removed from the Progress Schedule, revise the Schedule of Values and resubmit.
523
RFP 12-24-02 HQ Inlet Valve Replacement
SUBMITTAL PROCEDURES
1.01 SUMMARY
A.Section includes: Requirements and procedures for submittals to confirm compliance with Contract
Documents.
1.02 GENERAL INSTRUCTIONS
A.Contractor is responsible to determine and verify field measurements, field construction criteria, materials,
dimensions, catalog numbers and similar data, and check and coordinate each item with other applicable
approved shop drawings and Contract Document requirements.
B.Provide submittals:
1.That are specified or reasonably required for construction, operation, and maintenance of the Work.
2.That demonstrate compliance with the Contract Documents.
C.Where multiple submittals are required, provide a separate submittal for each specification section:
1.In order to expedite construction, the Contractor may make more than 1 submittal per specification
section, but a single submittal may not cover more than 1 specification section:
a.The only exception to this requirement is when 1 specification section covers the requirements
for a component of equipment specified in another section.
b.For example, circuit breakers are a component of switchgear. The switchgear submittal must
also contain data for the associated circuit breakers, even though they are covered in a different
specification section.
D.Prepare submittals in the English language. Do not include information in other languages.
E.Present measurements in customary American units (feet, inches, pounds, etc.).
F.Must be clear and legible, and of sufficient size for presentation of information.
G.Page size other than drawings:
1.Minimum page size will be 8 1/2 inches by 11 inches:
2.Maximum page size will be 11 inches by 17 inches.
H.Drawing sheet size:
1.Maximum sheets size: 22-inch by 34-inch.
a.Minimum plan scale: 1/8-inch equals 1 foot-0 inches.
b.Minimum font size: 1/8 inch minimum.
2.11-inch by 17-inch sheet:
a.Minimum plan scale: 1/8-inch equals 1 foot-0 inches.
b.Minimum font size: 1/8 inch minimum.
I.Show dimensions, construction details, manufacturers, catalog numbers, and all other pertinent details.
J.Provide submittal information from only 1 manufacturer for a specified product. Submittals with multiple
manufacturers for 1 product will be rejected without review.
1.03 SUBMITTAL ORGANIZATION
A.Organize submittals in exactly the same order as the items are referenced, listed, and/or organized in the
specification section.
B.For submittals that cover multiple devices used in different areas under the same specification section, the
submittal for the individual devices must list the area where the device is used.
C.Bookmarks:
1.Bookmarks shall match the table of contents.
2.Bookmark each section (tab) and heading.
3.Drawings: Bookmark at a minimum, each discipline, area designation, or appropriate division.
4.At file opening, display all levels of bookmarks as expanded.
D.Where applicable (i.e., except for drawings, figures, etc.) submittal content shall be electronically searchable
utilizing the PDF file as submitted.
E.Thumbnails optimized for fast web viewing.
524
RFP 12-24-02 HQ Inlet Valve Replacement
F.Sequentially number pages within the tabbed sections:
1.Submittals that are not fully indexed and tabbed with sequentially numbered pages, or are otherwise
unacceptable, will be returned without review.
G.Attachments:
1.Specification section: Include with each submittal a copy of the relevant specification section.
a.Indicate in the left margin, next to each pertinent paragraph, either compliance with a check (√)
or deviation with a consecutive number (1, 2, 3).
b.Provide a list of all numbered deviations with a clear explanation and reason for the deviation.
2.Drawings: Include with each submittal a copy of the relevant Drawing, including relevant addendum
updates.
a.Indicate either compliance with a check (√) or deviation with a consecutive number (1, 2, 3).
b.Provide a list of all numbered deviations with a clear explanation and reason for the deviation.
c.Provide field dimensions and relationship to adjacent or critical features of the Work or
materials.
H.Contractor: Prepare submittal information in sufficient detail to show compliance with specified
requirements.
1.Determine and verify quantities, field dimensions, product dimensions, specified design and
performance criteria, materials, catalog numbers, and similar data.
2.Coordinate submittal with other submittals and with the requirements of the Contract Documents.
I.Contractor: Prepare "Or Equal" submittal information.
1.Provide standard submittal requirements.
a.In addition, provide in sufficient detail to show reason for variance from specified product and
impacts.
2.Provide reason the specified product is not being provided.
3.Explain the benefits to the Owner for accepting the "Or Equal".
4.Itemized comparison of the proposed "Or Equal" with product specified including a list of significant
variations:
a.Design features.
b.Design dimensions.
c.Installation requirements.
d.Operations and maintenance requirements.
e.Availability of maintenance services and sources of replacement materials.
5.Reference projects where the product has been successfully used:
a.Name and address of project.
b.Year of installation.
c.Year placed in operation.
d.Name of product installed.
e.Point of contact: Name and phone number.
6.Define impacts:
a.Impacts to other contracts.
b.Impacts to other work or products.
7.Contractor represents the following:
a.Contractor bears the burden of proof of the equivalency of the proposed "Or Equal".
b.Proposed "Or Equal" is equal or superior to the specified product.
c.Contractor will provide the warranties or bonds that would be provided on the specified product
on the proposed "Or Equal" unless Owner requires a Special Warranty.
d.Contractor will coordinate installation of accepted "Or Equal" into the Work and will be
responsible for the costs to make changes as required to the Work.
e.Contractor waives rights to claim additional costs caused by proposed "Or Equal" which may
subsequently become apparent.
J.Contractor: Prepare substitution submittal information.
1.Provide standard submittal requirements.
a.In addition, provide in sufficient detail to show reason for variance from specified product and impacts.
525
RFP 12-24-02 HQ Inlet Valve Replacement
2.Provide reason the specified product is not being provided.
3.Explain the benefits to the Owner for accepting the substitution.
4.Itemized comparison of the proposed substitution with product specified including a list of significant
variations:
a.Design features.
b.Design dimensions.
c.Installation requirements.
d.Operations and maintenance requirements.
e.Availability of maintenance services and sources of replacement materials.
5.Reference projects where the product has been successfully used:
a.Name and address of project.
b.Year of installation.
c.Year placed in operation.
d.Name of product installed.
e.Point of contact: Name and phone number.
6.Define impacts:
a.Impacts to Contract Price.
1)Required license fees or royalties.
2)Do not include costs under separate contracts.
3)Do not include Engineer’s costs for redesign or revision of Contract Documents.
b.Impacts to Contract Time.
c.Impacts to Contract Scope.
d.Impacts to other contracts.
e.Impacts to other work or products.
7.Contractor represents the following:
a.Contractor shall pay associated costs for Engineer to evaluate the substitution.
b.Contractor bears the burden of proof of the equivalency of the proposed substitution.
c.Proposed substitution does not change the design intent and will have equal performance to the
specified product.
d.Proposed substitution is equal or superior to the specified product.
e.Contractor will provide the warranties or bonds that would be provided on the specified product
on the proposed substitution, unless Owner requires a Special Warranty.
f.Contractor will coordinate installation of accepted substitution into the Work and will be
responsible for the costs to make changes as required to the Work.
g.Contractor waives rights to claim additional costs caused by proposed substitution which may
subsequently become apparent.
1.04 Submittals in electronic media format
A.General: Provide all information in PC-compatible format using Windows® operating system as utilized by
the Owner and Engineer.
B.Text: Provide text documents and manufacturer’s literature in Portable Document Format (PDF).
C.Graphics: Provide graphic submittals (drawings, diagrams, figures, etc.) utilizing Portable Document
Format (PDF).
1.05 SUBMITTAL PROCEDURE
A.Engineer: Review submittal and provide response:
1.Review description:
a.Engineer will be entitled to rely upon the accuracy or completeness of designs, calculations, or
certifications made by licensed professionals accompanying a particular submittal whether or
not a stamp or seal is required by Contract Documents or Laws and Regulations.
b.Engineer's review of submittals shall not release Contractor from Contractor's responsibility for
performance of requirements of Contract Documents. Neither shall Engineer's review release
Contractor from fulfilling purpose of installation nor from Contractor's liability to replace
defective work.
526
RFP 12-24-02 HQ Inlet Valve Replacement
c.Engineer's review of shop drawings, samples, or test procedures will be only for conformance
with design concepts and for compliance with information given in Contract Documents.
d.Engineer's review does not extend to:
1)Accuracy of dimensions, quantities, or performance of equipment and systems designed by
Contractor.
2)Contractor's means, methods, techniques, sequences, or procedures except when
specified, indicated on the Drawings, or required by Contract Documents.
3)Safety precautions or programs related to safety which shall remain the sole responsibility
of the Contractor.
e.Engineer can Approve or Not Approve any exception at their sole discretion.
2.Review timeframe:
a.Except as may be provided in technical specifications, a submittal will be returned within twenty
eight (28) calendar days.
b.When a submittal cannot be returned within the specified period, Engineer will, within a
reasonable time after receipt of the submittal, give notice of the date by which that submittal
will be returned.
c.Engineer’s acceptance of progress schedule containing submittal review times less than those
specified or agreed to in writing by Engineer will not constitute Engineer’s acceptance of review
times.
d.Critical submittals:
1)Contractor will notify Engineer in writing that timely review of a submittal is critical to the
progress of Work. If timing is not specified, then the critical submittal will be returned
within fourteen (14) calendar days.
3.Schedule delays:
a.No adjustment of Contract Times or Contract Price will be allowed due to Engineer’s review of
submittals, unless all of the following criteria are met:
1)Engineer has failed to review and return first submission within the agreed upon time
frame.
2)Contractor demonstrates that delay in progress of Work is directly attributable to
Engineer’s failure to return submittal within time indicated and accepted by Engineer.
4.Review response will be returned to Contractor with one of the following dispositions:
a.Approved:
1)No Exceptions:
a)There are no notations or comments on the submittal and the Contractor may release
the equipment for production.
2)Make Corrections Noted - See Comments:
a)The Contractor may proceed with the Work, however, all notations and comments
must be incorporated into the final product.
b)Resubmittal not required.
3)Make Corrections Noted - Confirm:
a)The Contractor may proceed with the Work, however, all notations and comments
must be incorporated into the final product.
b)Submit confirmation specifically addressing each notation or comment to the
Engineer within 15 calendar days of the date of the Engineer’s transmittal requiring
the confirmation.
b.Not approved:
1)Correct and resubmit:
a)Contractor may not proceed with the Work described in the submittal.
b)Contractor assumes responsibility for proceeding without approval.
c)Resubmittal of complete submittal package is required within 28 calendar days of the
date of the Engineer’s submittal review response.
2)Rejected - See Remarks:
a)Contractor may not proceed with the Work described in the submittal.
527
RFP 12-24-02 HQ Inlet Valve Replacement
b)The submittal does not meet the intent of the Contract Documents. Resubmittal of
complete submittal package is required with materials, equipment, methods, etc. that
meet the requirements of the Contract Documents.
c.Receipt acknowledged - Filed for record:
1)This is used in acknowledging receipt of informational submittals that address means and
methods of construction such as schedules and work plans, conformance test reports,
health and safety plans, etc.
d.Receipt acknowledged with comments - Resubmit:
1)This is used in acknowledging receipt of informational submittals that address means and
methods of construction such as schedules and work plans, conformance test reports,
health and safety plans, etc. Feedback regarding missing information, conflicting
information, or other information that makes it incomplete can be made with comments.
B.Contractor: Prepare resubmittal, if applicable:
1.Clearly identify each correction or change made.
2.Include a response in writing to each of the Engineer’s comments or questions for submittal packages
that are resubmitted in the order that the comments or questions were presented from the 1st and
subsequent submittals and numbered consistent with the Engineer’s numbering.
a.Acceptable responses to Engineer’s comments are listed below:
1)"Incorporated" Engineer’s comment or change is accepted and appropriate changes are
made.
2)"Response" Engineer’s comment not incorporated. Explain why comment is not accepted
or requested change is not made. Explain how requirement will be satisfied in lieu of
comment or change requested by Engineer.
b.Reviews and resubmittals:
1)Contractor shall provide resubmittals which include responses to all submittal review
comments separately and at a level of detail commensurate with each comment.
2)Contractor responses shall indicate how the Contractor resolved the issue pertaining to
each review comment
a)Responses such as "acknowledged" or "noted" are not acceptable.
3)Resubmittals which do not comply with this requirement may be rejected and returned
without review.
4)Contractor shall be allowed no extensions of any kind to any part of their contract due to
the rejection of non-compliant submittals.
5)Submittal review comments not addressed by the Contractor in resubmittals shall continue
to apply whether restated or not in subsequent reviews until adequately addressed by the
Contractor to the satisfaction of the reviewing and approving authority.
c.Any resubmittal that does not contain responses to the Engineer’s previous comments shall be
returned for Revision and Resubmittal. No further review by the Engineer will be performed until
a response for previous comments has been received.
3.Resubmittal timeframe:
a.Contractor shall provide resubmittal within 14 days.
b.When a resubmittal cannot be returned within the specified period, Contractor shall notify
Engineer in writing.
4.Review costs:
a.Costs incurred by Owner as a result of additional reviews of a particular submittal after the
second time it has been reviewed shall be borne by Contractor.
b.Reimbursement to Owner will be made by deducting such costs from Contractor's subsequent
progress payments.
528
RFP 12-24-02 HQ Inlet Valve Replacement
1.06 PRODUCT DATA
A.Edit submittals so that the submittal specifically applies to only the product furnished.
B.Neatly cross out all extraneous text, options, models, etc. that do not apply to the product being furnished,
so that the information remaining is only applicable to the product being furnished.
C.Details:
1.Supplier name and address.
2.Subcontractor name and address.
D.Include:
1.Catalog cuts.
2.Bulletins.
3.Brochures.
4.Manufacturer’s Certificate of Compliance: Signed by product manufacturer
along with supporting reference data, affidavits, and tests, as appropriate.
5.Manufacturer’s printed recommendations for installation of equipment.
6.Quality photocopies of applicable pages from manufacturer’s documents.
E.Test reports including the following information:
1.Test description.
2.List of equipment used.
3.Name of the person conducting the test.
4.Date and time the test was conducted.
5.Ambient temperature and weather conditions.
6. All raw data collected.
7.Calculated results.
8.Clear statement if the test passed or failed the requirements stated in Contract Documents.
9.Signature of the person responsible for the test.
F.Certificates as specified in technical sections.
1.07 SHOP DRAWINGS
A.Contractor to field verify elevation, coordinates, and pipe material for pipe tie-in to pipeline or structure
prior to the preparation of shop drawings.
B.Indicate project designated equipment tag numbers for submittal of devices, equipment, and assemblies.
1.08 Design CALCULATIONS
A.Defined in technical sections:
1.Calculations must bear the original seal and signature of a Professional Engineer licensed in the state
where the project is located and who provided responsible charge for the design.
529
RFP 12-24-02 HQ Inlet Valve Replacement
CONTRACTOR SUBMITTAL TRANSMITTAL FORM
Owner: Click here to enter text. Date: MM/DD/YYYY
Contractor: Click here to enter text. Project No.: XXXXX.XX
Project Name: Click here to enter text. Submittal Number: 000
Submittal Title: Click here to enter text.
To: Click here to enter text.
From: Click here to enter text. Click here to enter text.
Click here to enter text. Click here to enter text.
Specification No. and Subject of Submittal / Equipment Supplier
Spec ##: Spec ##. Subject: Click here to enter text.
Authored By: Click here to enter text. Date Submitted: XX/XX/XXXX
Submittal Certification
Check Either (A) or (B):
(A)We have verified that the equipment or material contained in this submittal meets all the
requirements specified in the project manual or shown on the contract drawings with no exceptions.
(B)We have verified that the equipment or material contained in this submittal meets all the
requirements specified in the project manual or shown on the contract drawings except for the deviations listed.
Certification Statement: By this submittal, I hereby represent that I have determined and verified all field
measurements, field construction criteria, materials, dimensions, catalog numbers and similar data, and I have
checked and coordinated each item with other applicable approved shop drawings and all Contract requirements.
General Contractor’s Reviewer’s Signature:
Printed Name:
In the event, Contractor believes the Submittal response does or will cause a change to the requirements of the
Contract, Contractor shall immediately give written notice stating that Contractor considers the response to be a
Change Order.
Firm: Click here to enter text. Signature: Date Returned: XX/XX/XXXX
PM/CM Office Use
Date Received GC to PM/CM:
Date Received PM/CM to Reviewer:
Date Received Reviewer to PM/CM:
Date Sent PM/CM to GC:
530
RFP 12-24-02 HQ Inlet Valve Replacement
CONTRACT MODIFICATION PROCEDURES
GENERAL
1.01 SUMMARY
Section Includes:
Administrative and procedural requirements for executing a change in the Work.
1.02 PRELIMINARY REQUIREMENTS
Change Order Cost Basis Summary Form:
1.Submit a sample to Engineer for review within 15 calendar days following Notice to Proceed.
a.Items will be reviewed and their value, percentage, or calculation method mutually agreed to by the
Contractor and Owner prior to executing a Change Order on the Project.
2.Used by the Contractor for pricing each Change Order required for additions, deletions, or revisions in
the Work.
3.Include the following information:
a.Agreed upon markups, percentages, and procedures for calculating all surcharges, etc. associated
with the Cost of the Change Order Work.
b.References for unit price information and special unit price information.
c.Attachments with the following information:
1)Certified labor rates breakdown.
2)Equipment rates.
3)Bond and insurance rates (PI&I).
1.03 REQUEST FOR INFORMATION OR INTERPRETATION (RFI)
Contractor may issue RFIs to request interpretation of the documents or to request for information that may
be missing.
General Instructions:
1.Number RFIs consecutively.
a.Add a consecutive letter to the RFI number on modified submittals of the same RFI (i.e., RFI 4B).
2.Provide RFI for 1 item.
a.There may be exceptions when multiple items are so functionally related that expediency indicates
review of the group of items as a whole.
b.RFIs with multiple items will be rejected without review.
3.Contractor sign and date RFIs indicating review and approval:
a.Contractor’s signature indicates that they have satisfied RFI review responsibilities and constitutes
Contractor's written approval of RFI.
b.RFIs without Contractor's signature will be returned to the Contractor unreviewed. Subsequent
submittal of this information will be counted as the first resubmittal.
4.Engineer will render a written clarification, interpretation, or decision on the issue submitted or initiate
an amendment or supplement to the Contract within 21 days:
In the event the Contractor identifies an RFI as critical to the progress of the project, Engineer will
make every effort to reduce the RFI response time.
1.04 PRELIMINARY PROCEDURES
Owner or Engineer may initiate changes by submitting a Request for Proposal (RFP) to Contractor including the
following information:
1.Detailed description of the Change, Products, and location of the change in the Project.
2.Supplementary or revised drawings or specifications.
3.Projected time span for making the change, and a specific statement if overtime work is authorized.
4.A specific period of time during which the requested price will be considered valid.
5.Such request is for information only, and is not an instruction to execute the changes, or to stop work in
progress.
531
RFP 12-24-02 HQ Inlet Valve Replacement
Contractor may initiate changes by submitting a Change Proposal to Engineer containing the following:
1.Description of proposed changes.
2.Reason for making changes.
3.Specific period of time during which requested price will be considered valid.
4.Effect on Total Contract Cost and/or Contract Time.
5.Documentation supporting any change in Total Contract Cost and/or Contract Time, as appropriate.
1.05 WORK CHANGE DIRECTIVE AUTHORIZATION
In lieu of a Request for Proposal (RFP), Engineer may issue a Work Change Directive Authorization for Contractor
to proceed with a change for subsequent inclusion in a Change Order.
Authorization will describe changes in the Work, both additions and deletions, with attachments of revised
Contract Documents to define details of the change and will designate method of determining any change in the
Contract Sum and/or the Contract Time, as appropriate.
Owner and Engineer will sign and date the Work Change Directive Authorization as authorization for the
Contractor to proceed with the changes.
Contractor may sign and date the Work Change Directive Authorization to indicate agreement with the terms.
1.06 DOCUMENTATION OF CHANGE PROPOSALS
Change proposal:
1.Support with sufficient substantiating data to allow Engineer to evaluate the quotation.
a.Lump sum.
b.Unit prices: Use previously established unit prices.
c.Time-and-material/force account basis:
1)Name of the Owner’s authorized agent who ordered the work, and date of the order.
2)Dates and times work was performed, and by whom.
3)Time record, summary of hours worked, and hourly rates paid.
4)Receipts and invoices for:
a)Equipment used, listing dates and times of use.
b)Products used, listing of quantities.
c)Subcontracts.
2.Provide additional data to support time and cost computations:
a.Labor required.
b.Equipment required.
c.Products required:
1)Recommended source of purchase and unit cost.
2)Quantities required.
d.Taxes, insurance, and bonds.
e.Credit for work deleted from Contract, similarly documented.
f.Overhead and profit.
g.Justification for change to Contract Time.
1.07 PREPARATION OF CHANGE ORDERS AND FIELD ORDERS
Engineer will prepare each Change Order and Field Order.
Change Orders:
1.Will describe changes in the Work, both additions and deletions, with attachments of revised Contract
Documents to define details of the change.
2.Will provide an accounting of the adjustment in the Contract Sum and in the Contract Time.
3.Recommendation of Change Proposal is indicated by Engineer's signature.
4.Upon signature and execution by Owner, the Change Proposal becomes a Change Order altering the
Contract Time and Total Contract Cost, as indicated.
a.Owner’s Representative will transmit one signed copy each to Contractor and Engineer.
5.Contractor may only request payment for changes in the Work against an approved Change Order.
6.If either Engineer or Owner’s Representative disapproves the Change Proposal, the reason for
disapproval will be stated.
a.A request for a revised proposal or cancellation of the proposal will be shown.
532
RFP 12-24-02 HQ Inlet Valve Replacement
Field Orders:
1.Order minor changes in the Work without changes in Contract Price or Contract Times.
1.08 LUMP-SUM/FIXED PRICE CHANGE ORDER
Content of Change Orders will be based on, either:
•Engineer’s Proposal Request and Contractor’s responsive Change Proposal as mutually
agreed between Owner and Contractor.
•Contractor’s Change Proposal for a change, as recommended by Engineer.
Owner and Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract
Time and serve as authorization for the Contractor to proceed with the changes.
Contractor will sign and date the Change Order to indicate agreement with the terms.
1.09 UNIT PRICE CHANGE ORDER
Content of Change Orders will be based on, either:
1.Engineer’s definition of the scope of the required changes.
2.Contractor’s Change Proposal for a change, recommended by Engineer.
3.Survey of completed work.
The amounts of the unit prices to be:
1.Those stated in the Contract.
2.Those mutually agreed upon between Owner and Contractor.
When quantities of each of the items affected by the Change Order can be determined prior to start of the work:
1.Owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with
the changes.
2.Contractor will sign and date the Change Order to indicate agreement with the terms.
When quantities of the items cannot be determined prior to start of the work:
1.Engineer or Owner will issue a Work Change Directive authorization directing Contractor to proceed
with the change on the basis of unit prices, and will cite the applicable unit prices.
2.At completion of the change, Engineer will determine the cost of such work based on the unit prices and
quantities used.
3.Contractor shall submit documentation to establish the number of units of each item and any claims for
a change in Contract Time.
Owner and Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract
Time and serve as authorization for the Contractor to proceed with the changes.
Contractor will sign and date the Change Order to indicate their agreement with the terms.
1.10 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/WORK CHANGE DIRECTIVE AUTHORIZATION
Engineer will issue a Work Change Directive for the Owner’s signature authorizing Contractor to proceed with
the changes.
At completion of the change, Contractor shall submit itemized accounting and supporting data as specified in
this Section.
Engineer will determine the allowable cost of such work, as provided in the Contract Documents.
Owner and Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract
Time and serve as authorization for the Contractor to proceed with the changes.
Contractor will sign and date the Change Order to indicate their agreement.
1.11 CORRELATION WITH CONTRACTOR’S SUBMITTALS
Periodically revise Schedule of Values and Applications for Payment forms to record each Change Order as a
separate item of Work, and to record the adjusted Contract Sum.
533
RFP 12-24-02 HQ Inlet Valve Replacement
Periodically revise the Construction Schedule to reflect each change in Contract Time. Revise subschedules to
show changes for other items of work affected by the changes.
Upon completion of work under a Change Order, enter pertinent changes in Record Documents.
CLOSEOUT PROCEDURES
1.01 SUMMARY
Section includes: Contract closeout requirements, as applicable.
REFERENCES
American Water Works Association (AWWA).
1.02 WASTE DISPOSAL
1.02.1 Arrange for and dispose of surplus materials, waste products, and debris off-site:
Prior to making disposal on private property, obtain written permission from Owner of such property.
1.02.2 Do not fill ditches, washes, or drainage ways which may create drainage problems.
1.02.3 Do not create unsightly or unsanitary nuisances during disposal operations.
1.02.4 Maintain disposal site in safe condition and good appearance.
1.02.5 Complete leveling and cleanup prior to Final Completion of the Work.
1.03 TOUCH-UP AND REPAIR
1.03.1 Touch-up or repair finished surfaces on structures, equipment, fixtures, and installations that have been damaged
prior to inspection for Final Completion.
1.03.2 Refinish or replace entire surfaces which cannot be touched-up or repaired satisfactorily.
1.04 CLOSEOUT DOCUMENTS
1.04.1 Submit the following Closeout Submittals before Substantial Completion:
•Punch list of items to be completed or corrected with the request for issuance of Substantial Completion.
•Evidence of Compliance with Requirements of Governing Authorities.
•Project Record Documents.
•Approved Operation and Maintenance Manuals.
•Approved Warranties and Bonds.
•Keys and Keying Schedule.
•Completed contract requirements for commissioning and process start-up.
1.04.2 Submit the following Closeout Submittals before final completion of the Work and at least 7 days prior to
submitting Application for Final Payment:
Punch list of items have been completed and Engineer and Owner are satisfied that all deficiencies
are corrected.
Evidence of Payment and Release of Liens or Stop Payment Notices as outlined in Conditions of the
Contract.
Release of claims as outlined in Conditions of the Contract.
Submit certification of insurance for products and completed operations, as specified in the
General Conditions.
Final statement of accounting.
534
RFP 12-24-02 HQ Inlet Valve Replacement
1.05 EVIDENCE OF COMPLIANCE WITH REQUIREMENTS OF GOVERNING AUTHORITIES
1.05.1 Submit the following:
Certificate of Occupancy.
Certificates of Inspection:
1.05.2 Mechanical:
Form U-1 "Manufacturer's Data Report for Unfired Pressure Vessels" for each pressure vessel furnished and
installed.
1.05.3 Electrical.
1.06 PROJECT RECORD DOCUMENTS
1.06.1 Maintain at Project site, available to Owner and Engineer, 1 copy of the Contract Documents, shop drawings, and
other submittals in good order:
1.08.2 Mark and record field changes and detailed information contained in submittals and change orders.
1.08.3 Record actual depths, horizontal and vertical location of underground pipes, duct banks, and other buried utilities.
Reference dimensions to permanent surface features.
1.08.4 Identify specific details of pipe connections, location of existing buried features located during excavation, and the
final locations of piping, equipment, electrical conduits, manholes, and pull boxes.
1.08.5 Identify location of spare conduits including beginning, ending, and routing through pull boxes and manholes.
Record spare conductors, including number and size, within spare conduits and filled conduits.
1.08.6 Provide schedules, lists, layout drawings, and wiring diagrams.
1.08.7 Make annotations in electronic format. conforming to the following color code:
Additions: Red
Deletions: Green
Comments: Blue
Dimensions: Graphite
1.08.8 Maintain documents separate from those used for construction:
1.08.8.1 Label documents "RECORD DOCUMENTS."
1.08.9 Keep documents current:
1.08.9.1 Record required information at the time the material and equipment is installed and before permanently
concealing.
1.08.9.2 Engineer will review Record Documents weekly to ascertain that changes have been recorded.
1.08.10 Affix civil engineer's or professional land surveyor's signature and registration number to Record Drawings to certify
accuracy of information shown.
1.08.11 Deliver Record Documents with transmittal letter containing date, Project title, Contractor's name and address, list
of documents, and signature of Contractor.
1.08.12 Record Documents will be reviewed monthly to determine the percent complete for the monthly pay application.
1.08.13 Updated Record Documents are a condition for Engineer’s recommendation for progress payment.
1.09 MAINTENANCE SERVICE
Maintenance service as specified in technical specifications.
535
RFP 12-24-02 HQ Inlet Valve Replacement
1.10 SUBSTANTIAL COMPLETION
Obtain Certificate of Substantial Completion.
1.11 FINAL COMPLETION
When Contractor considers the Work is complete, submit written certification that:
Work has been completed in accordance with the Contract Documents.
Punch list items have been completed or corrected.
Work is ready for final inspection.
1.11.1 Engineer will make an inspection to verify the status of completion with reasonable promptness.
1.11.2 Should the Engineer consider that the Work is incomplete or defective:
Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work.
Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to
the Engineer that the Work is complete.
1.11.3 Engineer shall re-inspect the Work.
1.12 FINAL ADJUSTMENT OF ACCOUNTS
1.12.1 Submit a final statement of accounting to the Engineer at least 7 days prior to final Application for Payment.
1.12.2 Statement shall reflect all adjustments to the Contract amount.
The original Contract amount.
Additions and deductions resulting from:
o Change Orders.
o Units installed and unit prices.
o Set-offs for uncorrected or incomplete Work.
o Set-offs for liquidated damages.
o Set-offs for reinspection payments.
o Extended engineering and/or inspection services and inspection overtime.
o Excessive shop drawings review cost by the Engineer.
o Other adjustments.
o Total Contract amount, as adjusted.
o Previous payments.
o Remaining payment due.
1.12.3 Engineer will prepare a final Change Order reflecting approved adjustments to the Contract amount which were not
previously made by Change Orders.
1.13 FINAL APPLICATION FOR PAYMENT
Contractor shall submit the final Application for Payment reflecting the agreed upon information provided in the final
statement of accounting.
APPLICATIONS FOR PAYMENT
1.01 SUMMARY
Section includes: Procedures for preparation and submittal of Applications for Payment.
1.02 FORMAT
•Develop satisfactory spreadsheet-type form generated by downloading cost data from the Progress Schedule.
536
RFP 12-24-02 HQ Inlet Valve Replacement
•Payment form shall be provided by Engineer or Owner or reviewed and approved by Engineer and Owner.
•Fill in information required on form.
•When Change Orders are executed, add Change Orders at end of listing of scheduled activities:
•Identify change order by number and description.
•Provide cost of change order in appropriate column.
•After completing, submit Application for Payment.
•Engineer will review application for accuracy. When accurate, Engineer will transmit application to Owner for
processing of payment.
•Execute application with signature of responsible officer of Contractor.
•
1.03 SUBSTANTIATING DATA
•Provide Substantiating Data identifying:
•Project.
•Application number and date.
•Summary of work performed.
•Updated schedule of values.
•Include documentation of change orders and its impact on schedule of values.
•Detailed list of enclosures.
•For stored products with item number and identification on application, description of specifi material and
proof of insurance coverage for offsite stored products
1.04 SUBMITTALS
Submit an electronic copy (PDF format) of Application for Payment and Substantiating Data with cover letter.
1.05 PAYMENT REQUESTS
o Prepare a single payment request at the conclusion of construction activities, detailing the work that was
completed during the project.
o Payment period:
o Since only one application for payment will be submitted at the end of the project, the total contract
amount will be invoiced upon completion. The payment will cover the entire contract value, provided all
work completed complies with project requirements.
o Upon receipt of the final application for payment, the Engineer will finalize and submit recommendation for
Application for Payment to Owner within 14 business days.
1.06 COST SUMMARIES
Prepare Summary of Cost Information for each Major Item of Work listed in the Schedule of Values. Identify the
Value of Work Completed for both the payment period and job to date.
Evaluation Criteria
Proposals will be evaluated by the CITY, and the Proposer will be selected based upon, but not limited to, the following
criteria:
•The background, and experience of the Proposer in providing similar services or items elsewhere, including the
level of experience in working with municipalities and the quality of services performed or items supplied.
•Reasonableness/competitiveness of proposed costs and/or benefits to the City of Winter Springs. The CITY is
not bound to select the Proposer who proposes the lowest cost or most benefits for service. The CITY of Winter
Springs reserves the right to negotiate fees and/or benefits with the selected Proposer.
•Determination that the selected Proposer has no contractual relationship which would result in a conflict of
interest with the CITY.
•The Proposer‘s ability, capacity, and skill to fully and satisfactorily, provide these services and/or items required
in this RFP
•The quality of the Proposer’s performance in comparable and/or similar projects.
537
RFP 12-24-02 HQ Inlet Valve Replacement
•Whether the Proposer can provide the service and/or items in a prompt and timely fashion.
•Quality of proposed contract.
Proposals will be evaluated by the CITY, and selection will be based on, but not limited to, the following scoring criteria:
Pursuant to Florida Statutes § 287.05701, the CITY shall not request documentation regarding, consider, or give preference
based upon, a vendor’s social, political, or ideological interests when determining the vendor’s qualifications.
Timeline of Events
Release of RFP December 13, 2024
Deadline to receive questions (electronically) - 1:00pm local time December 27, 2024
Addendum Released by 2:00pm local time January 06, 2025
RFP Submittals Due by 2:00 pm local time January 24, 2025
RFP Opening – Immediately after Proposal Registration in City Commission Chambers January 24, 2025
Evaluation Committee Vendor Recommendation February 03, 2025
CITY Commission Approval of Selection and Consideration of Contract TBD
Criteria Max. Points
Experience: The Proposer’s experience in design and construction projects of this or a similar nature
Proposer has demonstrated significant experience and references provided can attest to their skills
and capabilities performing plumbing/pipe work in an active treatment plant 25
Proposers has significant experience in successfully completing projects very similar to this project
and has the necessary capabilities, capacity and skills to undertake this project and complete it in a
timely manner to meet City expectations 20
Experience Total 45
Proposers has significant experience in successfully completing projects very similar to this project and
has the necessary capabilities and skills to undertake this project
Reference 1 10
Reference 2 10
Reference 3 10
References Total 30
Cost: The cost of the Proposal is important to the CITY, however, based on the evaluation of the other
criteria, the CITY will not necessarily select the lowest cost Proposer. Cost Total:25
EXTRA BONUS POINTS: Certified Minority Business Enterprise: (3 Extra Bonus Points if Yes)
The firm is a certified minority business enterprise as defined by the Florida Small and Minority Business
assistance act
3
Total Possible Points 103
RFP 12-24-02 HQ Inlet Valve Replacement Project Proposal Evaluation Criteria
538
RFP 12-24-02 HQ Inlet Valve Replacement
PART II
INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS
FOR
RFP 12-24-02 HQ
INLET VALVE REPLACEMENT
Definitions (as used herein)
a.The acronym "RFP" is a "Request For Proposal" and means a solicitation of proposals.
b.The acronym “FEMA” is Federal Emergency Management Agency, Part of the Department of Homeland Security
c.The term "Proposal" means the offer of qualitative evaluations by the Proposer.
d.The term " Proposer " means the person, company, or entity making an offer.
e.The term "Change Order" means a written order signed by the Finance Department or authorized representative
directing the Bidder to make changes to a contract or purchase order resulting from the RFP.
f.The term "CITY" means the City of Winter Springs, Florida.
g.The term "CITY Commission" means the governing body of the City of Winter Springs. The CITY Commission is the
only body that can award Bids.
Preparation of Request for Proposal
a.Proposers are expected to examine the minimum requirements and all special and general conditions. Omission on
the part of the Proposer to make the necessary examinations and investigations, or failure to fulfill every detail the
requirements of the contract document, will not be accepted as a basis for varying the requirements of the CITY or
the compensation to the Proposer. Failure to properly and fully complete the Proposal is at the Proposer 's risk. The
Proposer shall sign the Request for Proposal and print or type his/her name, address, and telephone number on the
face page.
b.The apparent silence of any supplemental minimum requirements as to any details, or the omission from it of a
detailed description concerning any point will be regarded as meaning that only the best commercial practices are
to prevail. All workmanship is to be first quality. All interpretations of the minimum requirements shall be made
upon the basis of this statement.
c.Proposers should submit their response to this RFP by:
•Providing one (1) original, marked as such, three (3) copies, marked as such and one (1) electronic copy of
Proposer’s response to this office by the date and time indicated in Part I Timeline of Events.
•The outside of Proposer’s package must be clearly labeled with the RFP number, title, opening date and time
and the name and address of the Proposer. The CITY is not responsible for submittals via postal or mail courier
services, receipt by the post office or mail courier prior to the deadline does not meet the CITY’s deadline
requirements. Proposal response should include Proposal Bond in the amount of 5% of Proposal value.
d.The Proposer should retain a copy of all documents for future reference.
e.All Proposals must be signed with the Proposer’s name and by an officer or employee having authority to bind the
Proposer by his/her signature as indicated by the Florida Department of State, Division of Corporations
(www.sunbiz.org). Proof of corporate signer must be included with the submittal with the Proposal. You may use
the Sunbiz website screen shot or include a copy of your Corporate Resolution to prove the authority of the
corporate signer.
f.Failure to follow the instructions in the Request For Proposal is cause for rejection of your Proposal.
539
RFP 12-24-02 HQ Inlet Valve Replacement
Contract Work Hours and Safety
Contractor shall ensure compliance with the Contract Work Hours and Safety Standards Act.
(1)Overtime requirements. No contractor or subcontractor contrac�ng for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensa�on at a rate not less than one and one-half �mes the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
(1)Violation; liability for unpaid wages; liquidated damages. In the event of any viola�on of the clause set forth in
paragraph (b)(1) of this sec�on the contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addi�on, such contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in viola�on of the clause set forth in paragraph (b)(1) of
this sec�on, in the sum of $27 for each calendar day on which such individual was required or permited to
work in excess of the standard workweek of forty hours without payment of the over�me wages required by
the clause set forth in paragraph (b)(1) of this sec�on.
(2)Withholding for unpaid wages and liquidated damages. The (insert name of grant recipient or subrecipient)
shall upon its own ac�on or upon writen request of an authorized representa�ve of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to sa�sfy any liabili�es of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of this sec�on.
(3)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(b)(1) through (4) of this sec�on and also a clause requiring the subcontractors to include these clauses in any
lower �er subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or
lower �er subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this sec�on.”
Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, gender identity, or national origin.
(3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other employees or applicants as a part of such
540
RFP 12-24-02 HQ Inlet Valve Replacement
employee's essential job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish information.
(4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor.
(6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
(7)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of
the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part
and the contractor may be declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8)The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
Davis- Beacon
If applicable, the Department of Labor’s current prevailing wage determina�on, Included hereto as Appendix B, are to be
u�lized for Proposals submited in response to this RFP. Contracts or subcontracts must be awarded on the condi�on that
the prevailing wage determina�on is accepted. The City must report all suspected or reported viola�ons to the federal
awarding agency.
Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials
that are EPA-designated items unless the product cannot be acquired compe��vely within a �meframe providing for
compliance with the contract performance schedule; Mee�ng contract performance requirements; or at a reasonable price.
Informa�on about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive
Procurement Guidelines webpage: htps://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Sec�on 6002 of the Solid Waste Disposal
Act.
541
RFP 12-24-02 HQ Inlet Valve Replacement
Domes�c Preferences for Procurements
As appropriate, and to the extent consistent with law, the Contractor should, to the greatest extent prac�cable, provide a
preference for the purchase, acquisi�on, or use of goods, products, or materials produced in the United States. This
includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the ini�al
mel�ng stage through the applica�on of coa�ngs, occurred in the United States.
Manufactured products mean items and construc�on materials composed in whole or in part of non-ferrous metals
such as aluminum; plas�cs and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concrete; glass, including op�cal fiber; and lumber.
WARRANTIES
SUBMITTALS
For each item of material or equipment furnished under the Contract:
Submit manufacturer's warranty prior to fabrica�on and shipment of the item from the manufacturer's facility.
Submit manufacturer's special warranty when specified.
Provide consolidated warran�es within 15 calendar days of Substan�al Comple�on:
Contents:
Organize warranty documents:
Include Table of Contents organized by specifica�on sec�on number and the name of the product
or work item.
Include each required warranty and bond in proper form, with full informa�on, cer�fied by
manufacturer as required, and properly executed by Contractor, or subcontractor, supplier, or
manufacturer.
Provide name, address, phone number, and point of contact of manufacturer, supplier, and
installer, as applicable.
Hardcopy format:
Submit two 2 copies.
Assemble in 3 D-side ring binders with durable cover.
Iden�fy each binder on the front and spine with typed or printed �tle "Warran�es and Bonds"; Project Name or
Title, and the Name Address and Telephone Number of the Contractor.
Electronic copy in PDF format:
Submit 1 copy.
OWNER'S RIGHTS
Owner reserves the right to reject warran�es.
Owner reserves the right to refuse to accept Work for the project if the required warran�es have not been
provided.
RELATIONSHIP TO GENERAL WARRANTY AND CORRECTION PERIOD
Warran�es specified for materials and equipment shall be in addi�on to, and run concurrent with, both
Contractor's general warranty and the correc�on period requirements.
Disclaimers and limita�ons in specific materials and equipment warran�es do not limit Contractor's general
warranty, nor does such affect or limit Contractor's performance obliga�ons under the correc�on period.
MANUFACTURER'S 1 year WARRANTY MINIMUM REQUIREMENTS
Writen warranty issued by item's manufacturer.
542
RFP 12-24-02 HQ Inlet Valve Replacement
Project-specific informa�on, properly executed by product manufacturer, and expressly states that its provisions
are for the benefit of the Contactor.
Covers all costs associated with the correc�on of the defect, including but not limited to removal of defec�ve parts,
new parts, labor, and shipping.
Provides a �mely response to correct the defect:
Manufacturer shall provide, in a �mely fashion, temporary equipment as necessary to replace warranted items
requiring repair or replacement, when warranted items are in use and are cri�cal to the treatment process, as
defined by Owner.
In the case that Owner has to provide temporary equipment to replace func�on of warranted item requiring
repair or replacement, manufacturer shall reimburse Owner for such costs associated with thetemporary
equipment.
•Warranty commence running on the date of substan�al comple�on:
For items of Work for which acceptance is delayed beyond Date of Substan�al Comple�on, submit warranty
within 10 calendar days a�er acceptance, lis�ng date of acceptance as beginning of warranty period.
Dura�on of Warranty: 1 year.
MANUFACTURER'S SPECIAL WARRANTY
Manufacturer's special warranty is a writen warranty published by the manufacturer which includes the
requirements as specified in the Technical Sec�on:
1.Project-specific informa�on and requirements.
2.Properly executed by product manufacturer.
3.Expressly states that its provisions are for the benefit of the Contractor or Owner.
4.Manufacturer's special warran�es commence on the date that the associated item is cer�fied by
Engineer as substan�ally complete.
WARRANTY WORK
Contractor's responsibili�es:
Manufacturer's disclaimers and limita�ons on product warran�es do not relieve the Contractor of the
warranty on the work that incorporates the product, nor does it relieve suppliers, manufacturers, and
subcontractors required to countersign special warran�es with Contractor.
Replacement cost:
Upon determina�on that work covered by warranty has failed, replace or rebuild the work to an acceptable
condi�on complying with requirement of the Contract Documents:
Contractor is responsible for the cost of replacing or rebuilding defec�ve work regardless of
whether Owner has benefited from the use of the work through a por�on of its an�cipated useful
service life.
Related damages and losses:
When correc�ng warranted work that has failed, remove and replace other work that has been damaged as
a result of such failure or that must be removed and replaced to provide access for correc�on of warranted
work.
Owner's recourse:
Writen warran�es are in addi�on to implied warran�es, and shall not limit the du�es, obliga�ons, rights,
and remedies otherwise available under the law, nor shall warranty periods be interpreted as limita�on on
�me in which Owner can enforce such other du�es, obliga�ons, rights, or remedies.
Reinstatement of warranty:
When work covered by a warranty has failed and has been corrected by replacement or rebuilding, reinstate
the warranty by writen endorsement.
The reinstated warranty shall be equal to the original warranty with an equitable adjustment for deprecia�on.
543
RFP 12-24-02 HQ Inlet Valve Replacement
IMPLIED WARRANTIES
Warranty of �tle and intellectual rights:
Except as may be otherwise indicated in the Contract Documents, implied warranty of title required by Laws
and Regulations is applicable to the Work and to materials and equipment incorporated therein.
Provisions on intellectual rights, including patent fees and royal�es, are in the General Condi�ons, as may be
modified by the Supplementary Condi�ons.
Implied warran�es: Dura�on in accordance with Laws and Regula�ons.
Submission and Receipt of Proposals
a.Proposals must be received before the specified time as designated in the RFP Timeline of Events. A list of
Proposers who submitted Proposals will be furnished, upon request, following finalization of the RFP process.
b.Proposals shall be submitted in a sealed envelope. The envelope shall show the opening date and time, the RFP
number, and the name and address of the Proposer.
c.The City of Winter Springs is not responsible for the U.S. Mail or private couriers, in regard to mail being delivered
by the specified time so that a Proposal can be considered.
d.Email and Facsimile (FAX) Proposals will not be considered, however, Proposals may be modified by email and FAX
notice, provided such notices are received prior to the hour and date specified.
e.Late Proposals will be rejected.
f.Proposals having any erasures or corrections must be initialed by the Proposer, in ink. Proposals shall be signed in
ink. All amounts shall be typewritten or completed in ink.
g.All Mandatory Proposal Forms must be completed and attached to the Proposal response.
h.All costs of Proposal preparation, inspection of the RFP documents, and presentation of the Proposal shall be solely
borne by the Proposer. The CITY shall not be liable for any cost incurred by the Proposer during the preparation
and submission of its Proposal in response to this RFP.
Selection of Proposal
SELECTION OF THE PROPOSER AND PROPOSAL DEEMED THE MOST QUALIFIED, MOST ADVANTAGEOUS, AND IN THE BEST
INTERESTS OF THE CITY, AS DETERMINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS’S SOLE AND
ABSOLUTE DISCRETION, SHALL NOT RESULT IN THE FORMATION OF A CONTRACT. NO CONTRACT SHALL BE FORMED UNTIL
FINAL APPROVAL OF SUCH CONTRACT BY THE CITY COMMISSION AFTER SUCCESSFUL NEGOTIATION OF SPECIFIC CONTRACT
TERMS DETERMINED TO BE IN THE BEST INTERESTS OF THE CITY BY THE CITY COMMISSION. Negotiations may be
terminated at any time by the CITY Manager or CITY Commission if, in his/her/its sole discretion, the CITY Manager OR CITY
Commission determines that the negotiation of terms acceptable to the CITY will not be successful.
Only the CITY Commission can select Proposals, authorize the CITY Manager to engage in negotiations, and ultimately enter
into a contract.
The project owner provides a recommendation to the CITY Commission for selection. The recommendation may or may not
be adopted by the CITY Commission.
In the event clarification is required, the CITY may require one or more of the top-ranking Proposers to attend a meeting to
make an oral presentation, answer questions. This meeting will be exempt from the requirements of the Sunshine Law in
accordance with section 286.0113, Florida Statutes. Proposer(s) will be notified of any further meeting requirements.
544
RFP 12-24-02 HQ Inlet Valve Replacement
Acceptance of Offer
The signed Proposal shall be considered an offer on the part of the Proposer; however, such offer shall be deemed accepted
only upon issuance by the CITY of a Purchase Order, Blanket Purchase Order, or execution of another contractual document
deemed acceptable to the CITY. The contract will be awarded to the most responsible and responsive, qualified Proposer(s)
whose Proposal is deemed the most advantageous and in the best interests of the CITY in accordance with the criteria set
forth in this RFP.
The CITY reserves the right to accept or reject any and all Proposals or parts of Proposals, waive minor informalities, and to
request clarification of information from any Proposer.
Notice of Award, Performance and Labor and Materials Payment Bond
Within ten (10) calendar days from the date stipulated in the Notice of Award notifying Proposer that its Proposal has been
accepted, the successful Proposer shall execute the Agreement. Simultaneously with the execution of the Agreement,
Proposer shall furnish a Performance Bond and a Labor and Materials Payment Bond each in the amount of 110 percent of
the contract price. The bonds shall be secured from a surety company acceptable to the CITY. The forms of the Bonds the
successful Proposer will be required to execute are included in the RFP Documents. Failure to execute the Agreement
and/or to furnish said bonds within ten (10) calendar days from the date of the Notice of Award entitles the CITY to
consider all rights arising out of the CITY's acceptance of the Proposal as abandoned and the Proposal Bond shall be
forfeited. The CITY shall be entitled to such other rights as may be granted by law.
Discrepancies, Errors, and Omissions
Any discrepancies, errors, or ambiguities in the Request For Proposal or addenda (if any) should be reported in writing to
the CITY's Procurement Manager. Should it be found necessary, a written Addenda will be incorporated in the Request For
Proposal and will become part of the Service Agreement (contract documents). The CITY will not be responsible for any oral
instructions, clarifications, or other communications.
Right to Reject Proposals
The CITY reserves the right to reject any or all Proposals, and to disregard typographical, mathematical, or obvious errors.
The CITY will not pay costs incurred by any Proposer in the preparation of their Proposals.
Compensation
Compensation, which is determined to be fair, competitive, and reasonable, will be considered during the negotiations of a
final contract with the selected Proposer.
Fiscal Non-Funding Clause
In the event sufficient budgeted funds are not available for a new fiscal period, the CITY shall notify the Proposer of such
occurrence and any contracts entered into between the CITY and Proposer shall terminate on the last day of the current
fiscal period without penalty or expense to the CITY.
Rights of the CITY
This RFP constitutes an invitation for submission of Proposals to the CITY. This RFP does not obligate the CITY to procure or
contract for any of the scopes of services set forth in this RFP. The CITY reserves and holds at its sole discretion, various
rights and options under Florida law, including without limitation, the following:
•To prepare and issue Addendums to the RFP that may expand, restrict, or cancel any portion or all work described
in the RFP without obligation to commence a new procurement process or issue a modified or amended RFP.
•To receive questions from potential Proposers and to provide such answers in writing as it deems appropriate.
•To waive any informalities, technicalities or irregularities in the Proposals submitted.
•To reject any and all Proposal submissions.
545
RFP 12-24-02 HQ Inlet Valve Replacement
•To change the date for receipt of Proposals or any deadlines and dates specified in the RFP.
•To change the procurement and/or selection process prior to receipt of Proposals.
•To conduct investigations with respect to the information provided by each Proposer and to request additional
information (either in writing or in presentations and interviews) to support such Proposer’s responses and
submittals.
•To visit facilities referenced in the Proposer’s submittal at any time or times during the procurement process.
•To seek clarification of Proposals from the Proposer either in writing or in presentations and interviews
•To cancel the RFP; with or without the substitution of another RFP.
Conflict of Interest
Proposer acknowledges and certifies that this Agreement does not violate any ethics provision found in Chapter 112,
Florida Statutes, or Chapter 2 of the Code of Ordinances of the City of Winter Springs.
The Proposer certifies that, to the best of their knowledge or belief, no elected/appointed official or employee of the City of
Winter Springs, a spouse thereof or other person residing in the same household, is financially interested, directly or
indirectly, in providing the goods or services specified in this Proposal. Financial interest includes ownership of more than
five percent (5%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of
the business submitting the Proposal or of any subcontractor or supplier thereof providing goods or services in excess of
ten percent (10%) of the total Proposal amount.
Additionally, the Proposer, on company letterhead, must divulge at the time of Proposal submittal, any relative, other than
those already specified, of an elected /appointed official or employee of the City of Winter Springs who has a financial
interest, as defined herein, in providing the goods or services specified in the Proposal. The CITY, at its sole discretion, will
determine whether a conflict exists and whether to accept or reject the Proposal.
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not
submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract
with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of
real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list.
Copeland An�-Kickback
The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be
applicable, which are incorporated by reference into this contract.
Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as
FEMA may by appropriate instruc�ons require, and also a clause requiring the subcontractors to include these clauses in
any lower �er subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower
�er subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termina�on of the contract, and for debarment as a
contractor and subcontractor as provided in 29 C.F.R. § 5.12.”
Subcontracting
Where Proposers do not have the "in-house" capability to perform work desired in the Request For Proposal,
subcontracting may be permitted only with prior knowledge and approval of the CITY. The CITY must be assured of and
agree that any proposed subcontractor(s) can perform work of the desired quality and in a timely manner. The name(s) of
any intended subcontractor(s) should be given in the Proposal.
546
RFP 12-24-02 HQ Inlet Valve Replacement
Default of Contract
In case of default by the Proposer, the CITY may procure the requested services from other sources and hold the Proposer
responsible for any excess costs occasioned or incurred thereby.
Modification for Changes
No agreement or understanding to modify this RFP and resultant purchase order or contract shall be binding upon the CITY
unless made in writing by the City of Winter Springs.
Order of Precedence
In the event of an inconsistency between provisions of the RFP, the inconsistency shall be resolved by giving precedence in
the following order: (a) Instructions to Proposers and General Provisions; and (b) the minimum requirements.
Examination of Records
The Proposer shall keep adequate records and supporting documentation applicable to the subject matter of this RFP to
include, but not be limited to: records of costs, time worked, working paper and/or accumulations of data, and criteria or
standards by which findings or data are measured. Said records and documentation shall be retained by the Proposer for a
minimum of one (1) year from the date the contract is completed and accepted by the CITY. If any litigation is initiated
before the expiration of the one-year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved, unless otherwise instructed by the CITY. Should any questions arise concerning
this contract, the CITY and its authorized agents shall have the right to review, inspect, and copy all such records and
documentation during the record retention period stated above; provided, however, such activity shall be conducted only
during normal business hours and shall be at CITY expense. Proposers shall be authorized to retain microfilm copies in lieu
of original records if they so desire.
Any subcontractor(s) employed by a Proposer who is subject to these requirements and the Proposer itself are required to
so notify any such subcontractor(s).
Access To Records
Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their
authorized representa�ves access to any books, documents, papers, and records of the Contractor which are directly
per�nent to this contract for the purposes of making audits, examina�ons, excerpts, and transcrip�ons.
The Contractor agrees to permit any of the foregoing par�es to reproduce by any means whatsoever or to copy excerpts
and transcrip�ons as reasonably needed.
i)The Contractor agrees to provide the FEMA Administrator or his authorized representa�ves access to
construc�on or other work sites pertaining to the work being completed under the Contract.
ii)In compliance with sec�on 1225 of the Disaster Recovery Reform Act of 2018, the City and the Contractor
acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by
the FEMA Administrator or the Comptroller General of the United States.
Proposals Received
All Proposals received in response to this RFP become the property of the CITY.
Lobbying/Cone of Silence
Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate,
corporation, and/or all other groups who seek to influence the governmental decision of a CITY Commission Member, the
547
RFP 12-24-02 HQ Inlet Valve Replacement
CITY Manager, any requesting or evaluating Department/Division/Office personnel and/or any member of the Evaluation
Committee concerning an active solicitation during the black-out period. A lobbying black-out period commences upon the
issuance of this solicitation document.
If an award item is presented to CITY Commission for approval or for a request to provide authorization to negotiate a
Contract(s) and the CITY Commission refers the item back to the CITY Manager, Procurement Division and/or requesting
Department/Division/Office for further review or otherwise does not act on the item, the Cone of Silence/Lobbying Black-
out Period will be reinstated until such time as the CITY Commission meets to consider the item for action.
Bidders, Proposers, Respondents, potential vendors, service providers, lobbyists, consultants, or vendor representatives
shall not contact any CITY Commission member, the CITY Manager, any requesting or evaluating Division, Department,
Office personnel, and/or any member of the Evaluation Committee concerning an active Request For Proposal during the
Lobbying/Cone of Silence Black-out Period.
Byrd Anti-Lobbying Amendment
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or
an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will
forward the certification(s) to the awarding agency.
Insurance and Hold Harmless Indemnification
To the fullest extent permitted by laws and regulations, Proposer shall indemnify and hold harmless CITY and its consultants,
agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including
but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs)
arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work
itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of
Proposer, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish
any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party.
In any and all claims against CITY or any of their consultants, agents or employees by any employee of Proposer, any
Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph
shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or
for Proposer or any such Subcontractor or other person or organization under workers’ or workmen’s compensation acts,
disability benefit acts or other employee benefit acts.
Proposer's Liability Insurance - The Proposer shall not commence any work under this Contract until he has obtained all
insurance required under the Agreement. Proposer shall purchase and maintain such comprehensive general liability and
other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set
forth which may arise out of or result from Proposer's performance and furnishing of the Work and Proposer's other
obligations under the Contract Documents, whether it is to be performed or furnished by Proposer, by any Subcontractor, by
anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable. The insurance required shall include the specific coverage's and be written for not less than the
limits of liability and coverage's provided or required by law, whichever is greater. The comprehensive general liability
insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include
Contractual Liability Insurance applicable to Proposer's obligations under the Hold Harmless Indemnification. All of the
policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain
a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at
548
RFP 12-24-02 HQ Inlet Valve Replacement
least thirty days’ prior written notice has been given to CITY by certified mail. All such insurance shall remain in effect until
final payment and at all times thereafter when Bidder may be correcting, removing or replacing defective work in accordance
with the Contract Documents. Proposer's General Liability Insurance shall include the CITY, and CITY's consultants as insured
or additional insured which may be accomplished by either an endorsement of Proposer's Comprehensive General Liability
policy or by Proposer's carrier issuing a separate protection liability policy.
Qualifications of Proposer
A Proposer may be required, before the award of any contract, to show to the complete satisfaction of the CITY that they
have the necessary facilities, equipment, ability and financial resources to perform the work in a satisfactory manner within
the time specified.
Disqualification of Proposer
Any or all Proposals will be rejected if there is any reason for believing that collusion exists among the Proposers, and
participants in such collusion will not be considered in future Proposals for the same work.
Debarment And Suspension
1.This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the
Contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its
affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
2.The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include
a requirement to comply with these regulations in any lower tier covered transaction it enters.
3.This certification is a material representation of fact relied upon by the Owner. If it is later determined that the
Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to
remedies available to the Owner, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
4.The bidder or Proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this
offer. The bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
Licenses and Permits
The Proposer shall secure all licenses and permits and shall comply with all applicable laws, regulations and codes as
required by the United States, the State of Florida, or by the City of Winter Springs. The Proposer must fully comply with all
Federal and State Laws and County and Municipal Ordinances and Regulations in any manner affecting the performance of
the work.
Applicable Law and Venue
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida without
regard to the conflicts or choice of law principals thereof. Each of the parties hereto: (a) irrevocably submits itself to the
exclusive jurisdiction of the State of Florida, and agree that venue shall lie exclusively in the Eighteenth Judicial Circuit Court
in and for Seminole County, Florida for any state court action arising out of this Agreement, and exclusively in the United
States District Court for the Middle District of Florida, Orlando Division, for any federal court action arising out of this
Agreement; (b) waives and agrees not to assert against any party hereto, by way of motion, as a defense or otherwise, in
any suit, action or other proceeding, (i) any claim that it is not personally subject to the jurisdiction of the above-named
549
RFP 12-24-02 HQ Inlet Valve Replacement
courts for any reason whatsoever, and (ii) any claim that such suit, action, or proceeding by any party hereto is brought in
an inconvenient form or that venue of such suit, action, or proceeding is improper or that this Agreement or the subject
matter hereof may not be enforced in or by such courts.
Proposal Disclosure; Public Records Responsibilities
Florida law provides that municipal records shall, at all times, be open for personal inspection by any person. Section
119.01, Florida Statutes et. seq. (the Public Records Law). Unless otherwise provided by the Public Records Law,
information and materials received by the CITY in connection with an RFP response and under any awarded contract shall
be deemed to be public records subject to public inspection and/or copying at the end of the statutory exemption time
period pursuant to Section 119.071, Florida Statutes. However, certain exemptions to the Public Records Law are statutorily
provided for under sections 119.07 and 119.071, Florida Statutes, and other applicable laws. If the Proposer believes any of
the information contained in its response is exempt from the Public Records Law, including trade secrets as defined by
Florida law, the Proposer must, in its response, specifically identify the material which is deemed to be exempt and cite the
legal authority for the exemption; otherwise, the CITY will treat all materials received as public records.
Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Proposer on behalf of the CITY, Proposer shall:
(a)keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required
by the CITY to perform the work contemplated by this Agreement; (b) upon request from the CITY’s custodian of public
records, provide the CITY with a copy of the requested Public Records or allow the Public Records to be inspected or copied
within a reasonable time at a cost that does not exceed the costs provided in chapter 119, Florida Statutes, or as otherwise
provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure
requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following
completion or termination of this Agreement, if Proposer does not transfer the records to the CITY in accordance with (d)
below; and (d) upon completion or termination of this Agreement, (i) if the CITY, in its sole and absolute discretion,
requests that all Public Records in possession of Proposer be transferred to the CITY, Proposer shall transfer, at no cost, to
the CITY, all Public Records in possession of Proposer within thirty (30) days of such request or (ii) if no such request is made
by the CITY, Proposer shall keep and maintain the Public Records required by the CITY to perform the work contemplated
by this Agreement. If Proposer transfers all Public Records to the CITY pursuant to (d)(i) above, Proposer shall destroy any
duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within
thirty (30) days of transferring the Public Records to the CITY and provide the CITY with written confirmation that such
records have been destroyed within thirty (30) days of transferring the Public Records. If Proposer keeps and maintains
Public Records pursuant to (d)(ii) above, Proposer shall meet all applicable requirements for retaining Public Records. All
Public Records stored electronically must be provided to the CITY, upon request from the CITY’s custodian of public records,
in a format that is compatible with the information technology of the CITY. If Proposer does not comply with a Public
Records request, or does not comply with a Public Records request within a reasonable amount of time, the CITY may
pursue any and all remedies available in law or equity including, but not limited to, specific performance. The provisions of
this section only apply to those tasks in which Proposer is acting on behalf of the CITY.
IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Telephone number: (407) 327-6560 ext. 7003 E-mail address: cityclerkdepartment@winterspringsfl.org
Attorney Fees
In the event of legal action or other proceeding arising under this RFP, the prevailing party shall be entitled to recover
from the adverse party all its reasonable attorneys’ fees and costs incurred by the prevailing party in the prosecution or
defense of such action, or in any post-judgment or collection proceedings and whether incurred before suit, at the trial
level or at the appellate level. This shall include any bankruptcy proceedings. The prevailing party also shall be entitled to
recover any reasonable attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well
as in determining the amount of attorneys’ fees and costs due to the prevailing party. The reasonable costs to which the
prevailing party will be entitled include costs that are taxable under any applicable statute, rule, or guideline, as well as
costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal
550
RFP 12-24-02 HQ Inlet Valve Replacement
research, consultant and expert witness fees, travel expenses, court reporter fees and mediator fees, regardless of
whether such costs are taxable under any applicable statue, rule or guideline.
E-Verify
Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, any CITY vendors/contractors shall register with
and use the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp, to verify the work
authorization status of all employees hired on and after January 1, 2021. CITY vendors/contractors must provide evidence
of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Proposer stating all
employees hired on and after January 1, 2021 have had their work authorization status verified through the E-Verify system
and a copy of their proof of registration in the E-Verify system. Failure to comply with this provision will be a material
breach of the contract, and shall result in the immediate termination of a contract without penalty to the CITY. Proposer
shall be liable for all costs incurred by the CITY securing a replacement contract, including but not limited to, any increased
costs for the same services, any costs due to delay, and rebidding costs, if applicable. If the Proposer utilizes subcontractors
the following shall apply:
Proposer shall also require all applicable subcontractors performing work under the Agreement to use the E-Verify system
for any employees they may hire during the term of the Agreement.
Proposer shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. Proposer shall provide a copy of all
subcontractor affidavits to the CITY upon request and shall maintain a copy for the duration of the Agreement.
Modification and Withdraw
Proposals may not be modified after submittal.
Proposals may be withdrawn at any time prior to the deadline. Withdrawal requests shall be made in writing and must be
received by the CITY’s Procurement Manager before the time and date stated or, as amended, for the Proposal Opening.
Properly withdrawn Proposals will be returned unopened to the Proposer submitting the Proposal.
A Proposer who timely withdraws its Proposal may submit a new Proposal in the same manner as specified herein under
“Submission of Proposal.” A Proposal submitted in place of a withdrawn Proposal shall be clearly marked as such on the
outside of the envelope and on the Proposal Form.
If a Contract is not awarded within 90 calendar days after opening of Proposals, a Proposer may file a written request with
the CITY’s Procurement Manager for the withdrawal of its Proposal.
Prohibition on Gifts to City Employees and Officials
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item
of value to any CITY employee, as set forth in Chapter 112, Part III, Florida Statutes, the current CITY Ethics Ordinance, and
CITY Administrative Policy.
Violation of this provision may result in one or more of the following consequences:
a.Prohibition by the individual, firm, and/or any employee of the firm from contact with CITY staff for a
specified period of time;
b.Prohibition by the individual and/or firm from doing business with the CITY for a specified period of time,
including but not limited to: submitting bid/Proposals, RFQ Responses, and/or quotes; and,
c.Immediate termination of any contract held by the individual and/or firm for cause.
551
RFP 12-24-02 HQ Inlet Valve Replacement
Discrimination
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid, Proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a Bid, Proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public work; may not submit Bids, Proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any public entity.
Federal Requirements
This contract may be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and related
administrative practices shall apply to any contract negotiated with a selected firm as required by federal law. The most
recent of such requires, including any amendments made such the submission of the Proposal, shall apply, unless federal
government determines otherwise.
The federal government requirements contained in the most recent version of the Uniform Administrative Requirements
for federal awards (Uniform Rules) codified at 2.C.F.R, Part 200, including any certifications and contractual provisions
required by any federal statutes or regulations referenced therein to be included in this contract are deemed incorporated
herein by reference and shall be incorporated into any sub-agreement or subcontract executed by the Proposer pursuant to
its obligations under federal law.
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The
Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and
directives.
Clean Air Act and Federal Water Pollu�on Control Act
The Contractor agrees to comply with all applicable standards, orders or regula�ons issued pursuant to the Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq.
The Contractor agrees to report each viola�on to the City and understands and agrees that the City will, in turn, report each
viola�on as required to assure no�fica�on to the Federal Emergency Management Agency (FEMA), and the appropriate
Environmental Protec�on Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part
with federal assistance provided by FEMA.
The Contractor agrees to comply with all applicable standards, orders, or regula�ons issued pursuant to the federal Water
Pollu�on Control Act, as amended, 33 U.S.C. § 1251 et seq.
The Contractor agrees to report each viola�on to the (insert name of the non-federal en�ty entering into the contract) and
understands and agrees that the (insert name of the non-federal en�ty entering into the contract) will, in turn, report each
viola�on as required to assure no�fica�on to the (insert name of the pass-through en�ty, if applicable), Federal Emergency
Management Agency (FEMA), and the appropriate Environmental Protec�on Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part
with federal assistance provided by FEMA.”
Additional Information
Additional information may be obtained from the Procurement Manager, (407) 327-7581, or from any other individual
listed on the RFP cover letter.
552
RFP 12-24-02 HQ Inlet Valve Replacement
PART III
SPECIFIC BID REQUIREMENTS
For
RFP 12-24-02 HQ
Inlet Valve Replacement
Format
To assure consistency, Proposals must conform to the following format:
A.Proposer Information and Acknowledgement Form
B.Table of Contents
C.Introduction Letter
D. Qualifications
E.Other Information
F.Cost & Time
G.Mandatory Proposal Forms
H.Florida State Corporate Filing
Section A – Proposer Information and Acknowledgement Form
1.Use the form provided in the Mandatory Proposal Form titled “PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM.”
(See Proposal Form 1)
Section B – Table of Contents
1.Identify Proposal material by section and page number.
Section C – Introduction Letter
1.Summarize the key points of the Proposal including an understanding of the scope of work. Must be signed by an authorized
official of the Proposer.
Section D – Qualifications
1.General – Provide general information about the Proposer, including size, office location(s), and structure of Proposer. Identify
and explain any significant changes in organizational structure, ownership, or management both firm-wide and within Fixed
Income/ Public Finance during the past five (5) years.
2.Proposer Experience – Describe the Proposer’s experience with replacing valves at a wastewater treatment plant services,
focus on the Proposer’s experience with such services for municipalities
3.Team Experience – Identify key members of Proposer’s team that will service the CITY. Identify the proposed project manager.
Provide brief resumes for key team members that will service the CITY as an Appendix.
4.References – Use the form provided in the Mandatory Proposal Form titled “REFERENCE INFORMATION FORM”
5. Conclusion – Briefly summarize why Proposer should be selected, including why Proposer is pursuing the City of Winter Springs’
business. In short, summarize what makes Proposer different and why the CITY should select Proposer above all others.
Section E - Other Information
This section should address any other information necessary for a full understanding of Proposer’s services. Please provide relevant
information on any additional services offered by Proposer.
553
RFP 12-24-02 HQ Inlet Valve Replacement
Section F – Cost and Time
This section must clearly state the cost and estimated completion time, associated with the project. Use Appendix A: Cost Proposal
Worksheet.
Section G – Mandatory Proposal Forms
1.Fill out and return the forms provided; Proposer Information and Acknowledgement Form, References Information Forms,
Insurance Requirement Form, Scrutinized Company Certification, Non-Collusion Affidavit of Prime Respondent, Drug Free
Workplace Form, Public Entity Crimes Statement, Debarment, suspension etc. Certification, E-Verify Statement, Conflict of
Interest Statement, Compliance with Florida Statute 787.06 Affidavit, SMWBE Utilization Plan, Florida Trench Safety Act
Certification and Appendix A Cost Proposal Worksheet.
Section H – Florida State Corporate Filing
1. All Proposals must be signed with the Proposer’s name and by an officer or employee having authority to bind the Proposer by
his/her signature as indicated by the Florida Department of State, Division of Corporations (www.sunbiz.org). Proof of
corporate signer must be included with the submittal with the Proposal. Use Sunbiz website screen shot or include a copy of
Corporate Resolution or a Power of Attorney.
554
RFP 12-24-02 HQ MANDATORY FORM
MANDATORY BID FORMS
Proposal Form 1 -Proposer Information and Acknowledgement Form
Proposal Form 2 -References Information Forms
Proposal Form 3 -Insurance Requirements Form
Proposal Form 4 -Scrutinized Company Certification
Proposal Form 5 -Non-Collusion Affidavit
Proposal Form 6 -Drug Free Workplace Form
Proposal Form 7 -Public Entity Crimes Statement
Proposal Form 8 -Debarment, Suspension etc. Certification
Proposal Form 9 - E-Verify Statement
Proposal Form 10 -Conflict of Interest Statement
Proposal Form 12 -Affidavit of Compliance with Florida Statute 787.06
Proposal Form 13 -SMWBE Utilization Plan
Proposal Form 14 -Florida Trench Safety Act Certification
Appendix A - Cost Proposal Worksheet
Mandatory forms must be submitted with the Proposal.
Failure to submit forms may disqualify the Proposer from the RFP
Appendix B Current Prevailing Wage Determination
Appendix C Proposal Bond Agreement
Appendix D Performance Bond Agreement
Appendix E Labor and Materials Payment Bond
555
RFP 12-24-02 HQ MANDATORY FORM
PROPOSER INFORMATION AND ACKNOWLEDGEMENT FORM
For
RFP # 12-24-02 HQ
INLET VALVE REPLACEMENT
The undersigned Proposer does hereby agree to furnish the City of Winter Springs, Florida, the items listed in accordance with the
minimum requirements/evaluation criteria shown by the Request For Proposal to be delivered to the specified site for the price
indicated.
IT IS THE PROPOSER’S RESPONSIBILITY TO CHECK www.demandstar.com
FOR FINAL DOCUMENTS AND ADDENDA BEFORE SUBMITTAL
THIS PROPOSAL MUST BE SIGNED BY THE PRINCIPAL OR DIRECTOR AS INDICATED BY THE FLORIDA DEPARTMENT OF STATE, DIVISION
OF CORPORATIONS (www.sunbiz.org). Proof of corporate signer must be submitted with Proposal. If not submitted, Proposer will be
considered non-responsive. Use Sunbiz website screen shot or copy of Corporate Resolution or Power of Attorney.
PROPOSER NAME:
TAX ID# SNN or EIN:
PROPOSER ADDRESS:
PURCHASE ORDER ADDRESS:
PHONE NUMBER:
COMPANY WEBSITE:
COMPANY CONTACT (REP):
CONTACT EMAIL ADDRESS:
SIGNATURE:
THE UNDERSIGNED:
A.Acknowledges receipt of:
1.RFP # 12-24-02 HQ Pertaining To: Inlet Valve Replacement
2.Addenda:
Number: _________, Dated _________________.
Number: _________, Dated _________________.
B.Has examined the site and all RFP Documents and understands that in submitting its Proposal, they waive all right to plead any
misunderstanding regarding the same.
C.Agrees:
1.To hold this Proposal open for 90 calendar days after the Proposal opening date.
2.To furnish the services specified in this RFP at the prices quoted in the Proposal and in compliance with the RFP
Documents.
3.To accept the provisions of the Instructions to Proposers.
4.To negotiate a contract with the CITY incorporating the Proposal prices, if selected on the basis of this Proposal.
5.To accomplish the work in accordance with the contract documents.
D.Certifies:
1. That all information contained in this Proposal is truthful to the best of my knowledge and belief.
2.That I am duly authorized to submit this Proposal on behalf of the Proposer and that the Proposer is ready, willing, and
able to perform if awarded the Proposal.
Stipulated Amount
A.Submit on Cost Proposal Worksheet, Appendix A.
556
RFP 12-24-02 HQ MANDATORY FORM
REFERENCE PACKAGE
MINIMUM QUALIFICATIONS OF PROSPECTIVE BIDDER
CITY CONTRACT NUMBER:
RFP 12-24-02 HQ
PROJECT TITLE: INLET VALVE REPLACEMENT
CONTRACTOR FIRM NAME:
___________________________________________________
BUSINESS ADDRESS:
________________________________________________________
CITY, STATE, ZIP CODE:
______________________________________________________
PHONE NUMBER: _________________ FAX NUMBER: ________________
EMAIL ADDRESS:
____________________________________________________________
557
RFP 12-24-02 HQ MANDATORY FORM
TASK: Inlet Valve Replacement
Reference No. 1
Proposer: ______________________________________________________________
Name of Project: ________________________________________________________
Location of Project: ______________________________________________________
Duration of Project: ______________________________________________________
Project Components
a. List size and number of replaced Valves: __________________________________________
____________________________________________________________________________
b. List the diameter of the force mains in which the linestops with bypasses were required (in.):
_________________________________________________________________________________________
c. List all other similar components of the project installed: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
d. Proposer’s responsibilities: ______________________________________________________________
_________________________________________________________________________________________
e. Original contract price: __________________________________________________________________
f. Final contract price: _____________________________________________________________________
Work Completion
a. Did the Proposer perform at least 50% of the work described for that project? (Yes/No) ______
b. Did the project achieve final acceptance or was the project deemed substantially complete and
available for beneficial use by the Facility/Owner? (Yes/No) ________
c. List any OSHA safety violations or significant injuries during the course of the work: ___________
________________________________________________________________________________
Contact Information
a. Owner/Representative Name: _____________________________________________________
b. Phone Number: _________________________________________________________________
c. Email address: __________________________________________________________________
558
RFP 12-24-02 HQ MANDATORY FORM
TASK: Inlet Valve Replacement
Reference No. 2
Proposer: ______________________________________________________________
Name of Project: ________________________________________________________
Location of Project: ______________________________________________________
Duration of Project: ______________________________________________________
Project Components
g. List size and number of replaced Valves: __________________________________________
____________________________________________________________________________
h. List the diameter of the force mains in which the linestops with bypasses were required (in.):
_________________________________________________________________________________________
i. List all other similar components of the project installed: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
j. Proposer’s responsibilities: ______________________________________________________________
_________________________________________________________________________________________
k. Original contract price: __________________________________________________________________
l. Final contract price: _____________________________________________________________________
Work Completion
d. Did the Proposer perform at least 50% of the work described for that project? (Yes/No) ______
e. Did the project achieve final acceptance or was the project deemed substantially complete and
available for beneficial use by the Facility/Owner? (Yes/No) ________
f. List any OSHA safety violations or significant injuries during the course of the work: ___________
________________________________________________________________________________
Contact Information
d. Owner/Representative Name: _____________________________________________________
e. Phone Number: _________________________________________________________________
f. Email address: __________________________________________________________________
559
RFP 12-24-02 HQ MANDATORY FORM
TASK: Inlet Valve Replacement
Reference No. 3
Proposer: ______________________________________________________________
Name of Project: ________________________________________________________
Location of Project: ______________________________________________________
Duration of Project: ______________________________________________________
Project Components
m. List size and number of replaced Valves: __________________________________________
____________________________________________________________________________
n. List the diameter of the force mains in which the linestops with bypasses were required (in.):
_________________________________________________________________________________________
o. List all other similar components of the project installed: ________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
p. Proposer’s responsibilities: ______________________________________________________________
_________________________________________________________________________________________
q. Original contract price: __________________________________________________________________
r. Final contract price: _____________________________________________________________________
Work Completion
g. Did the Proposer perform at least 50% of the work described for that project? (Yes/No) ______
h. Did the project achieve final acceptance or was the project deemed substantially complete and
available for beneficial use by the Facility/Owner? (Yes/No) ________
i. List any OSHA safety violations or significant injuries during the course of the work: ___________
________________________________________________________________________________
Contact Information
g. Owner/Representative Name: _____________________________________________________
h. Phone Number: _________________________________________________________________
i. Email address: __________________________________________________________________
560
RFP 12-24-02 HQ MANDATORY FORM
INSURANCE REQUIREMENTS FORM
Insurance Type Required Limits
Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits
Employer’s Liability $1,000,000 each accident, single limit per occurrence
Commercial General
Liability
(Occurrence Form)
patterned after the
current ISO form
$1,000,000 single limit per occurrence
$3,000,000 aggregate for Bodily Injury Liability & Property Damage Liability.
This shall include Premises and Operations; Independent Contractors; Products & Completed
Operations & Contractual Liability.
Indemnification
To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall
indemnify and hold harmless City of Winter Springs, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’
fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of the Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
the City of Winter Springs.
Automobile Liability $1,000,000 each person; Bodily Injury & Property Damage, Owned/Non-owned/Hired;
Automobile Included.
Other
Proposer shall ensure that all subcontractors comply with the same insurance requirements that it is required to meet. The
same Proposer shall provide the CITY with certificates of insurance meeting the required insurance provisions.
The City of Winter Springs must be named as “Additional Insured” on the Insurance Certificate for Commercial General Liability
where required.
The Certificate Holder shall be named as City of Winter Springs.
Thirty (30) days cancellation notice required.
The undersigned Proposer agrees to obtain, prior to award, if selected, a minimum level of insurance as stated above.
Proposer
Authorized Signature
Officer Title
Date
561
RFP 12-24-02 HQ MANDATORY FORM
SCRUTINIZED COMPANY CERTIFICATION
Florida Statutes, Sections 287.135 and 215.473
Pursuant to Section 287.135, Florida Statutes (2017), a company is ineligible to, and may not, bid on, submit a proposal for,
or enter into or renew a contract with the CITY for goods or services of:
a. Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the
Proposer is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in
a boycott of Israel; or
b. One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing
such contract, the company:
Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Terrorism Sectors List, created pursuant to s. 215.473; or
c. Is engaged in business operations in Cuba or Syria.
Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any
scrutinized company referred to above. The Proposer must submit this required certification form attesting that it is not a
scrutinized company and is not engaging in prohibited business operations.
The following shall be grounds for termination of the contract at the option of the awarding body:
a. The Proposer is found to have submitted a false certification; been placed on the Scrutinized Companies with
Activities in Sudan List;
b. Been placed on the Scrutinized Companies that Boycott Israel List or
c. Is engaged in a boycott of Israel; or
d. Been engaged in business operations in Cuba or Syria.
e. Has been placed on a list created pursuant to s. 215.473, Florida Statutes, relating to scrutinized active business
operations in Iran.
The CITY shall provide notice, in writing, to the Proposer of any determination concerning a false certification.
a. The Proposer shall have five (5) days from receipt of notice to refute the false certification allegation.
b. If such false certification is discovered during the active contract term, the Proposer shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false certification
was made in error.
c. If the Proposer does not demonstrate that the CITY’s determination of false certification was made in error then the
CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes.
562
RFP 12-24-02 HQ MANDATORY FORM
THIS CERTIFICATION FORM MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT
THIS FORM AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes; and
b. The Vendor, owners, or principals are eligible to participate in this solicitation and not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel; and
c. For contracts of one million dollars or more, the Vendor, owners, or principals are eligible to participate in this
solicitation and not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Terrorism Sectors List and, further, are not engaged in business operations in Cuba or
Syria; and
d. If awarded the Contract, the Vendor, owners, or principals will immediately notify the CITY in writing if any of its
company, owners, or principals: are placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized
Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Terrorism Sectors
List; engage in a boycott of Israel; or engage in business operations in Cuba or Syria.
(Authorized Signature)
(Printed Name and Title)
(Name of Proposer)
STATE OF ____________________________________
COUNTY OF __________________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online
notarization, this ______ day of __________, 2025 by _____________________ the _________________ of
__________________________, a ________________________ (____) who is personally known to me or (_____) who
produced ______________________________________ as identification.
Notary Public __________________________________
Print Name: ___________________________________
My Commission Expires: _________________________
563
RFP 12-24-02 HQ MANDATORY FORM
NON-COLLUSION AFFIDAVIT of PRIME BIDDER
STATE OF
COUNTY OF
____________________________________, being duly sworn, deposes and says that:
(1) He/she is ___________________________ of ___________________________________
Title PROPOSER
The Proposer that has submitted the attached response.
(2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent
circumstances respecting such solicitation.
(3) Such Proposal is genuine and is not a collusive or sham solicitation.
(4) Neither the Proposer nor any of its officers, partners, owners, agent representatives, employees or parties in interest
including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other Proposer, firm or
person, to submit a collusive or sham response in connection with the RFP for which the attached Proposal has been
submitted or to refrain from proposing in connection with such RFP, or has in any manner, directly or indirectly, sought by
Agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices
in the attached Proposal or of any other Proposer, or to fix any overhead, profit or cost element of the proposed price or
the proposed price of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful
Agreement any advantage against the City of Winter Springs, Florida, or any person interested in the proposed Agreement.
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy,
or unlawful Agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties of
interest, including affiant.
(Signed) (Title)
STATE OF _______________________________________
COUNTY OF _____________________________________
The foregoing instrument was acknowledged before me this _________________________by
_____________________________, who is (___) personally known to me or (___) who has produced
_______________________________ as identification and who (did / did not) take an oath.
________________________________________ (Signature of Notary Public)
________________________________________ (Name of Notary Typed, Printed or Stamped) Notary Public
________________________________________ (Commission Number)
564
RFP 12-24-02 HQ MANDATORY FORM
DRUG FREE WORKPLACE FORM
The undersigned Proposer, in accordance with Florida Statute 287.087 hereby certifies that
_____________________________________________________ does:
(Name of Proposer)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under contract a copy
of the Drug-Free statement.
4. Notify the employees that as a condition of working on the commodities or contractual services that are under
contract, employee will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program
if such is available in the employee’s community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
7. As the person authorized to sign the statement, I certify that this business complies fully with the above
requirements.
(Authorized Signature) (Date)
(Print/Type Name as Signed Above)
565
RFP 12-24-02 HQ MANDATORY FORM
PUBLIC ENTITY CRIMES STATEMENT
SWORN STATEMENT UNDER F.S. SECTION 287.133(3) (A), ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
ADMINISTER OATHS.
1. This sworn statement is submitted with Proposal for RFP 12-24-02 HQ Inlet Valve Replacement Services.
2. This sworn statement is submitted by (Proposer) ___________________________ whose business address is
_____________________________________ and (if applicable) Federal Employer Identification Number (FEIN)
is _____________________ (If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your
Social Security Number: ___________.
3. My name is ____________________ and my relationship to the Proposer named above is _____________________.
4. I understand that a "public entity crime" as defined in Paragraph 287.133(a) (g). Florida Statutes, means a violation of any state
or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or
services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in paragraph 287.133(a) (b), Florida Statutes, means finding of guilt or
a conviction of a public entity crime with or without an adjudication of guilt, in any federal or state trial court of records relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or
nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:
• A predecessor or successor of a person convicted of a public entity crime; or
• An entity under the control of any natural person who is active in the management of the entity and who has been convicted of
a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The City of Fernandina Beach, Florida ownership by
one of shares constituting a controlling income among persons when not for fair interest in another person, or a pooling of
equipment or income among persons when not for fair market value under a length agreement, shall be a prima facie case that
one person controls another person. A person who was knowingly convicted of a public entity crime, in Florida during the
preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of the state or of the United States with the legal power to enter into a binding contract for provision of goods
or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management
of an entity.
directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn
statement. (Please indicate which statement applies)
____Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees,
members, or agents who are active in management of the entity, nor affiliate of the entity have been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
____The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989. (Please attach a copy of the final order.)
____The person or affiliate was placed on the convicted FIRM list. There has been a subsequent proceeding before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in public
interest to remove the person or affiliate from the convicted FIRM list. (Please attach a copy of the final order.)
____The person or affiliate has not been placed on the convicted FIRM list. (Please describe any action taken by, or pending with, the
Department of General Services.)
___________________________________________________________
Signature Date:
566
RFP 12-24-02 HQ MANDATORY FORM
PUBLIC ENTITY CRIMES STATEMENT cont.
STATE OF __________________________________
COUNTY OF ________________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ___ day of ________________, 2025, and is personally known to me, or
has provided ______________________ as identification.
____________________________________________ My Commission expires: ________________
Notary Public
567
RFP 12-24-02 HQ MANDATORY FORM
DEBARMENT, SUSPENSION and OTHER RESPONSIBILITY MATTERS
Certification A - Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief that its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements,
or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this
certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation of this proposal.
Instructions for Certification (A)
By signing and submitting this Bid, the prospective primary participant is providing the certification set
out below;
a. The inability of a person to provide the certification required below will not necessarily result
in denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency’s determination whether to enter into
this transaction. However, failure of the prospective primary participant to furnish a certification or any
explanation shall disqualify such person from participation in this transaction.
b. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or
agency may terminate this transaction for cause or default.
c. The prospective primary participant shall provide immediate written notice to the department
or agency to which this proposal is submitted if at any time the prospective primary participant learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
d. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used
in this clause, have the meanings set out in the Definitions and Coverage sections of the rules
568
RFP 12-24-02 HQ MANDATORY FORM
implementing Executive Order 12549. You may contact the department or agency to which this
proposal is being submitted for assistance in obtaining a copy of these regulations.
e. The prospective primary participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency entering into
this transaction.
f. The prospective primary participant further agrees by submitting this proposal that it will
include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion – Lower Tier Covered Transaction,” provided by the department or agency entering into this
covered transaction, without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines this
eligibility of its principals. Each participant may, but is not required to, check the Non- procurement
List.
h. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition
to other remedies available to the Federal Government, the department or agency may terminate this
transaction for cause of default.
Certification B - Lower Tier Covered Transactions
a. The prospective lower tier participant certifies, by submission of this proposal, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
b. Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Certification (B)
By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
a. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
569
RFP 12-24-02 HQ MANDATORY FORM
pursue available remedies, including suspension and/or debarment.
b. The prospective lower tier participant shall provide immediate written notice to the person to
whom this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
c. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used
in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance
in obtaining a copy of these regulations.
d. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with which
this transaction originated.
e. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause title “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion – Lower Tier Covered Transaction,” without modification, in all lower tier covered
transactions and in all solicitation for lower tier covered transactions.
f. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principles. Each participant may but is not required to, check the Non- procurement
List.
g. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
h. Except for transactions authorized under paragraph (5) of these instructions, if a participant in
a lower covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies including suspension and/or debarment.
Proposer: Date:
Signature of Authorized Certifying Official: Title:
570
RFP 12-24-02 HQ MANDATORY FORM
E-VERIFY STATEMENT
Bid Number: RFP # 12-24-02 HQ
Project Description: Inlet Valve Replacement
Proposer acknowledges and agrees to the following:
Proposer shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance
with the terms governing use of the system, to confirm the employment eligibility of:
1. All persons employed by the Proposer during the term of the Contract to perform
employment duties within Florida; and
2. All persons assigned by the Proposer to perform work pursuant to the contract with
the CITY.
Proposer: __________________________________________________________________
Authorized Signature: __________________________________________________________
Title: ________________________________________________________________________
Date: _______________________________________________________________________
571
RFP 12-24-02 HQ MANDATORY FORM
CONFLICT OF INTEREST STATEMENT
This sworn statement is submitted with Proposal for RFP # 12-24-02 HQ Inlet Valve Replacement
This sworn statement is submitted by (Proposer) ___________________________________ whose business address is
__________________________________________ and (if applicable) Federal Employer Identification Number (FEIN) is
___________________________( If a Sole Proprietor and you have no FEIN, include the last four (4) digits of your Social
Security Number: ____________.)
My name is ________________________ and my relationship to the Proposer named above
is________________________.
1. The above-named Proposer is submitting a Proposal for the City of Winter Springs.
2. The Affiant has made diligent inquiry and provides the information contained in the Affidavit based upon his/her
own knowledge.
3. The Affiant states that only one submittal for the above Proposal is being submitted and that the above-named
Proposer has no financial interest in other entities submitting Proposals for the same project.
4. Neither the Affiant nor the above- named Proposer has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in
connection with the Proposer’s submittal for the above Proposal. This statement restricts the discussion of pricing
data until the completion of negotiations if necessary and execution of the Contract for this project.
5. Neither the Proposer nor its affiliates, nor anyone associated with them, is presently suspended or otherwise
ineligible from participation in contract letting by any local, State, or Federal Agency.
6. Neither the Proposer nor its affiliates, nor anyone associated with them have any potential conflict of interest due
to any other clients, contracts, or property interests for this project.
7. I certify that no member of the Proposer’s ownership or management is presently applying for an employee
position or actively seeking an elected position with the City of Winter Springs.
8. I certify that, should the Proposer be awarded a contract after successful negotiation, the execution and approval of
such contract by the City of Winter Springs City Commission shall not create a conflict of interest under Chapter
112, Florida Statutes, Code of Ethics for Public Officers. I further certify that no member of the Proposer’s
ownership or management is a spouse, child or “relative” as defined in Section 112.3142, Florida Statutes, of a
current City Commission member.
9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above-named
Proposer, will immediately notify the City of Winter Springs.
________________________________________________________
Signature Date:
STATE OF ____________________________
COUNTY OF __________________________
PERSONALLY, APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her
signature at the space provided above on this ______ day of ________________, 2025, and is personally known to me, or
has provided ______________________ as identification.
________________________________________ My Commission expires: ____________________
Notary Signature
572
RFP 12-24-02 HQ MANDATORY FORM
AFFIDAVIT OF COMPLIANCE WITH FLORIDA STATUTES § 787.06
Florida Statutes § 787.06(13) provides that:
When a contract is executed, renewed, or extended between a nongovernmental entity and a
governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit
signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting
that the nongovernmental entity does not use coercion for labor or services as defined in this section. For
purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1).
THIS AFFIDAVIT MUST BE COMPLETED AND INCLUDED IN YOUR PROPOSAL RESPONSE. FAILURE TO SUBMIT THIS FORM
AS INSTRUCTED SHALL RENDER YOUR PROPOSAL SUBMITTAL NON-RESPONSIVE.
a. The Vendor, owners, or principals are aware of the requirements of Section § 787.06, Florida Statutes; and
b. The Vendor, owners, or principals are eligible to participate in this solicitation and do not use coercion for the labor
or services contemplated in their Proposal response.
(Authorized Signature)
(Printed Name and Title)
(Name of Proposer)
STATE OF ____________________________________
COUNTY OF __________________________________
The foregoing instrument was acknowledged before me by means of (_____) physical presence or (_____) online
notarization, this ______ day of __________, 2025 by _____________________ the _________________ of
__________________________, a ________________________ (____) who is personally known to me or (_____) who
produced ______________________________________ as identification.
Notary Public: _________________________________
Print Name: ___________________________________
My Commission Expires: _________________________
573
RFP 12-24-02 HQ MANDATORY FORM
SMWBE UTILIZATION PLAN
Small, Minority, and Women’s Business Enterprises (SMWBE), and Labor Surplus Area Firms Utilization
Proposer Company Name: _________________________________________________________________
Project Name : Inlet Valve Replacement
RFP Number : RFP # 12-24-02 HQ
CFR §200.321 requires local governments to take all necessary affirmative steps to assure that
minority business, women’s business enterprises, and labor surplus area firms are used when
possible. The CITY requires that Proposers (Prime Contractors), if subcontracts are to be let, to
take the five affirmative steps as cited below. Please describe your firm’s plan for identifying and
potential use of SMWBE and Labor Surplus Area Firms. Additional pages may be attached, as
necessary.
• Placing qualified small and minority business and women’s business enterprises on
solicitation lists.
• Assuring that small and minority businesses, and women’s business enterprises are
solicited whenever they are potential sources.
• Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority business and women’s business
enterprises.
• Establishing delivery schedules where the requirement permits, which encourage
participation by small and minority businesses, and women’s business enterprises and
veteran owned businesses.
• Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration or the Florida Office of Supplier Diversity
https://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd
574
RFP 12-24-02 HQ MANDATORY FORM
FLORIDA TRENCH SAFETY ACT CERTIFICATION
Proposer acknowledges that the Proposer must comply with the Florida Trench Safety Act and applicable trench
safety standards. Included in the various items of the proposal and in the Total Bid Price are costs for complying
with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Proposer further
identifies the costs to be summarized below. The separate item identifying the cost of compliance with trench
safety standards shall be based on the linear feet of trench to be excavated. The separate item for special
shoring requirements, if any, shall be based on the square feet of shoring used. Every separate item shall
indicate the specific method of compliance as well as the cost of that method.
Item Trench Safety
Measure Description
Unit of
Measure
Unit Unit Cost Extended Cost
A
B
C
D
This amount disclosed as the cost of compliance with the applicable trench safety requirement does not
constitute the extent of the Contractor's obligation to comply with said standards. Contractor shall expend
additional sums, at no additional cost to the OWNER (except as may otherwise be provided), which are
necessary to so comply.
Acceptance of the Proposal to which this certification and disclosure applies in no way represents that the City or
its representatives have evaluated and thereby determined that the above costs are adequate to comply with the
applicable trench safety requirements nor does it in any way relieve the Proposer, as Contractor, of its sole
responsibility to comply with the applicable trench safety requirements.
Name of Proposer
Authorized Signature
Date: __________________________________
This document shall be submitted with the Proposal packet. Failure to complete the above
may result in the Proposal being declared non-responsive.
575
RFP 12-24-02 HQ MANDATORY FORM
Appendix A
COST PROPOSAL WORKSHEET
RFP 12-24-02 HQ
Inlet Valve Replacement
Bid Form – See notes below for specifics of each Cost Element of the Bid
1.06.1 Item 1: Mobilization and Demobilization
Measurement:
Limit amounts included under mobilization to the following items:
∗ Moving on the site any equipment required for first month operations.
∗ Installing temporary construction power, wiring, and lighting facilities, as required.
∗ Establish and submit safety program.
∗ Arranging for and erection of Contractor's work and storage yard.
∗ Submit required insurance certificates and bonds.
∗ Obtaining required permits, licenses, bonds, insurance, and fees.
∗ Submit preliminary Schedule of Values of the Work.
∗ Submit preliminary schedule and develop baseline schedule.
∗ Submit cash flow in tabular and graphical formats.
∗ Submit Schedule of Submittals.
∗ Submit standardized traffic maintenance and control plans.
∗ Post OSHA, Department of Labor, state, and other required notices.
∗ Location and flagging of construction and clearing.
∗ Submit Contractor's quality control plan.
∗ Submit pre-construction photographs and videos.
∗ Provide and erect the project sign.
∗ Have Contractor's project manager and/or general superintendent on job site full-time.
∗ Web based construction document management setup and training.
Item Item Description Qty Lump Sum Cost
1 Mobilization and Demobilization 1
2 Removal and Replacement of Valves, Piping and Tee 1
3 Linestop and Bypassing Services 1
4
Removal and Replacement of Black Vinyl Fencing and
Manual Rolling Gate 1
5 Open Cut and Patch of Access Drive 1
6
Other (resodding, restoration activities, final cleanup,
etc.)1
TOTAL -$
Total Proposed Cost: _______________________________________________________ ($ )
Estimated Completion Time: _______________ Days from Notice to Proceed to Final Completion
Bid is inclusive of all costs necessary to accomplish all tasks required to complete RFP Project
576
RFP 12-24-02 HQ MANDATORY FORM
Payment:
∗ Furnish data and documentation to substantiate the amounts claimed under mobilization costs.
∗ Payment for mobilization/demobilization shall not be made until items listed above have been completed as
specified.
∗ The City shall make 50 percent of the payment at beginning of project for mobilization, and 50 percent of the
payment at the end of the project for demobilization and cleanup.
∗ Limit price for mobilization/demobilization to no more than 5 percent of Contract Price.
∗ Lump sum.
1.06.2 Item 2: Removal and Replacement of Valves, Piping, and Tee:
Measurement:
Includes work for all materials, labor, equipment, and other activities required to remove and replace the
damaged 12-inch influent butterfly valve with a 12-inch plug valve. Additionally, two (2) new 24-inch plug valves
will be placed on the other influent raw wastewater line. The existing pipe on either end of the valves, along
with the existing 24-inch by 12-inch tee, will be replaced to accommodate the added valves. This work includes
but is not limited to removal and replacement of all belowground facilities as indicated in the Drawings; work for
all materials, labor, equipment, and other activities required to furnish, install, restrain and coat force main
piping, plug valves and appurtenances as specified in the drawings; fittings and couplings; bolts, gaskets, gauges,
and ancillary work including locating existing utilities, laying pipeline and protection and support of utilities
adjacent to the work, etc.
Payment:
Lump sum.
1.06.3 Item 3: Linestop and Bypassing Services:
Measurement:
• Includes work required for supply, operation, and management of temporary sewage bypass systems including
but not limited to linestops as indicated in the Drawings; temporary aboveground bypass piping; temporary air
release valve on temporary bypass piping; protection and monitoring of bypass systems; concrete support for
linestop fittings and lifting services for linestop equipment.
• The intent of the project is to replace the damaged influent valve, among other improvements, while
maintaining the existing wastewater plant in service.
Payment:
Lump Sum.
1.06.4 Item 4: Removal and Replacement of Black Vinyl Fencing and Manual Rolling Gate:
Measurement:
Includes work for all materials, labor, equipment, and other activities required to remove and replace the
existing 6-foot black vinyl fencing and manual rolling gate as indicated in the Drawings.
Payment:
Lump Sum.
1.06.5 Item 5: Open Cut and Patch of Access Drive:
Measurement:
Includes work for all materials, labor, equipment, and other activities required to open cut and patch the access
drive. This includes, but is not limited to, open cut of pavement; backfill and restoration of pavement as
indicated in the Drawings.
Payment:
Lump Sum.
577
RFP 12-24-02 HQ MANDATORY FORM
Item 6: Other (resodding, restoration activities, final cleanup, etc.)
Measurement:
Includes work for all materials, labor, equipment, and other activities required for resodding; removal and
replacement of air pipe support concrete pad; removal and replacement of air pipe support (if damaged during
construction); repair of damaged concrete; final site cleanup and other unforeseen site restoration activities.
Payment:
Lump sum.
SUBMITTALS
Submit preliminary Schedule of Values within twenty (20) days of issuance of Purchase Order by
City of Winter Springs.
Submit corrected schedule of values within ten (10) days upon receipt of reviewed Schedule of
Values, but no later than ten (10) days prior to anticipated submittal of first Application for
Payment.
Schedule of Values shall be consistent with the bid summary sheet.
Upon request, support prices with data that substantiate their correctness.
If activities are added or removed from the Progress Schedule, then revise the Schedule of Values
and resubmit.
Submit List of Subcontractors and Material Suppliers on the project.
Submit completed City Checklist and all Checklist attachments.
578
RFP 12-24-02 HQ MANDATORY FORM
Appendix B
DEPARTMENT OF LABOR -Current Prevailing Wage Determination
Search Criteria
SOC Code: 47-2073.00
Data Series: 7/2024 - 6/2025
Collection: All Industries
State: FLORIDA
Area Type: County/ Township
Area Selected: SEMINOLE - Orlando-Kissimmee-Sanford, FL
Search Results
Geo Level
1
SOC Code
47-2073
SOC Title
Operating Engineers and Other Construction Equipment Operators
Wage Level Hourly Yearly
I $17.88 $37,190.00
II $20.37 $42,370.00
III $22.87 $47,570.00
IV $25.36 $52,749.00
MEAN (H-2B) $22.89 $47,611.00
579
RFP 12-24-02 HQ MANDATORY FORM
Appendix C
PROPOSAL BOND FORM
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and as
Surety, are hereby and firmly bound unto the CITY OF WINTER SPRINGS as OWNER, in the penal
sum of Dollars ($ ) for
the payments of which, well and truly to be made, we hereby jointly and severally bind ourselves, our
heirs, executors, administrators, successors, and assigns.
The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF
WINTER SPRINGS a certain Proposal, attached hereto and hereby made a part hereof to enter into a
contract in writing, for the Work described as:
Replacement of Inlet Valve
NOW, THEREFORE, if the Principal shall not withdraw said Bid within 90 days after the opening of the
same, or in the alternate, if said Bid shall be accepted and the Principal shall execute and deliver
required certificates of insurance and a contract that, at minimum, includes the terms of the Form of
Agreement attached hereto (properly completed in accordance with said Bid), and shall give bond
with good and sufficient surety or sureties, as may be required, for the faithful performance and
proper fulfillment of such contract, then this obligation shall be void; otherwise the same shall remain
in force and effect and the sum herein stated shall be due and payable to the CITY OF WINTER SPRINGS
and the Surety herein agrees to pay said sum immediately, upon demand of the CITY OF WINTER
SPRINGS, in good and lawful money of the United States of America, as liquidated damages for failure
of the Principal; it being expressly understood and agreed that the liability of the Surety for any and
all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall be in no way impaired or affected by an extension of the time within which the OWNER
may accept such Bid; and said Surety does hereby give waive notice of any such extension.
580
RFP 12-24-02 HQ MANDATORY FORM
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their
several seals this ______day of _____, 2025, the name and corporate seal of each
corporate body being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
(Principal) (Seal)
(Title)
(Address)
(Surety) (Seal)
(Title)
(Address)
(Witness)
581
RFP 12-24-02 HQ MANDATORY FORM
APPENDIX D
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
SR434 At Winding Hollow Blvd. project in the City of Winter Springs, Seminole County, Florida (the “Project”); and
WHEREAS, the OWNER has required the Principal to furnish a performance bond in accordance with law and as a condition
of executing the Contract with Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the
Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive
than as required by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators,
executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is
incorporated by reference and made a part of this bond. The Surety and the Principal are bound for the full
performance of the Contract including without exception all of the Contract Documents (as defined in the Contract)
and all of their terms and conditions, both express and implied. Without limiting the Principal’s and Surety’s
obligations under the Contract and this bond, the Principal and Surety agree:
A. Promptly and faithfully perform their duties and all the covenants, terms, conditions, and obligations under the
Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in
the time and manner prescribed in the Agreement, and
B. Pay OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys’ fees under
section 627.756, Florida Statutes, including costs and attorney’s fees on appeal that OWNER sustains resulting
directly or indirectly from any breach or default by Principal under the Contract, and
C. Satisfy all claims and demands incurred under the Contract, and fully indemnify and hold harmless the OWNER
from all costs and damages which it may suffer by reason or failure to do so.
2. OWNER’S AFFIDAVIT OF CONTRACTOR BREACH OR DEFAULT. If the OWNER shall provide to Surety the written
affidavit of the OWNER stating that the Principal is in breach or default of the Contract, and that such breach or default
remains uncured by the Principal, then upon delivery of such affidavit to the Surety in the method for providing notices
as set forth in Paragraph 7 below, Surety must promptly notify the OWNER in writing which action it will take as
permitted in Paragraph 3.
3. SURETY’S OBLIGATION UPON DELIVERY OF OWNER’S AFFIDAVIT OF CONTRACTOR’S BREACH OR DEFAULT.
Upon the delivery of the OWNER’s affidavit of breach or default by the Principal as provided in Paragraph 2 above,
the Surety may promptly remedy the breach or default or must, within ten (10) days, proceed to take one of the
following courses of action:
A. Proceed Itself. Complete performance of the Contract including correction of defective and nonconforming Work
through its own CONTRACTORs or employees, approved as being acceptable to the OWNER, in the OWNER’s sole
582
RFP 12-24-02 HQ MANDATORY FORM
discretion, provided, however, that OWNER’s discretion in approving the Surety’s CONTRACTOR will not be
unreasonably withheld as to any CONTRACTOR who would have qualified to offer a proposal on the Contract and
is not affiliated in any way with the Principal. During this performance by the Surety, the OWNER will pay the
Surety from its own funds only those sums as would have been due and payable to the Principal under the Contract
as and when they would have been due and payable to the Principal in the absence of the breach or default not
to exceed the amount of the remaining Contract balance less any sums due the OWNER under the Contract.
During this performance by Surety, any payment bond required under the Contract must remain in full force and
effect; or
B. Tender a completing CONTRACTOR acceptable to OWNER. Tender a CONTRACTOR, together with a contact for
fulfillment and completion of the Contract executed by the completing CONTRACTOR, to the OWNER for the
OWNER’s execution. OWNER’s discretion to approve Surety’s completing CONTRACTOR will not be unreasonably
withheld as to any CONTRACTOR who would have qualified to offer a proposal on the contract and is not affiliated
with the Principal. OWNER’s discretion to approve CONTRACTOR as the completing CONTRACTOR and to approve
the tendered contract shall be in OWNER’s sole and absolute discretion. Upon execution by the OWNER of the
contract for fulfillment and completion of the Contract, the completing CONTRACTOR must furnish to the OWNER
a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the
OWNER for the Project by the Principal. Each such bond must be in the Penal Sum of the full cost to complete the
Contract. The OWNER will pay the completing CONTRACTOR from its own funds only those sums as would have
been due and payable to the Principal under the Contract as and when they would have been due and payable to
the Principal in the absence of the breach or default not to exceed the amount of the remaining Contract balance
less any sums due the OWNER under the Contract. To the extent that the OWNER is obligated to pay the
completing CONTRACTOR sums which would not have been due and payable to CONTRACTOR under the Contract
(any sums in excess of the then remaining Contract balance less any sums due the OWNER under the Contract),
the Surety must pay the OWNER the full amount of those sums at the time the completing CONTRACTOR tenders
an invoice to the OWNER so that the OWNER can utilize those sums in making timely payment to the completing
CONTRACTOR; or
C. Tender the Full Penal Sum. Tender to the OWNER the full Penal Sum of the performance bond. The OWNER will
refund to the Surety without interest any unused portion not spent by the OWNER procuring and paying a
completing CONTRACTOR or completing the Contract itself, plus the cost allowed under Section 4, after
completion of the contract for fulfillment and completion of the Contract and the expiration of any applicable
warranties; or
D. Other Acts. Take any other acts mutually agreed upon in writing by the OWNER and the Surety.
E. IT SHALL BE NO DEFENSE TO SURETY’S OBLIGATION TO UNDERTAKE ONE OF THE PRECEDING COURSES OF
ACTION THAT THE PRINCIPAL CONTENDS THAT IT IS NOT IN BREACH OR DEFAULT OF THE CONTRACT, OR THAT
THE NOTICE OF BREACH OR DEFAULT WAS DEFECTIVE, OR THAT THE PRINCIPAL HAS RAISED ANY OTHER CLAIM
OF DEFENSE OR OFFSET, PROVIDED ONLY THAT THE SURETY HAS RECEIVED THE AFFIDAVIT OF THE OWNER AS
SPECIFIED IN PARAGRAPH 2.
4. SURETY’S ADDITIONAL OBLIGATIONS. In addition to those duties set forth herein above, the Surety must promptly
pay the OWNER (i) all losses, costs and expenses resulting from the Principal’s breach(es) or default(s), including,
without limitation, fees (including attorney’s fees pursuant to 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.
583
RFP 12-24-02 HQ MANDATORY FORM
6. NO THIRD-PARTY BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of
the OWNER and OWNER’s heirs, administrators, executors, successors and assigns. No other party, person or entity
has any rights against the Surety.
7. METHOD OF NOTICE. All notices to the Surety, the Principal or the OWNER must be given by Certified Mail, Return
Receipt Requested, to the address set fourth for each party below:
SURETY:
Name: ____________________________________________________________
Attention: ____________________________________________________________
Street: ____________________________________________________________
City, State: ____________________________________________________________
Zip: ____________________________________________________________
PRINCIPAL:
Name: ____________________________________________________________
Attention: ____________________________________________________________
Street: ____________________________________________________________
City, State: ____________________________________________________________
Zip: ____________________________________________________________
OWNER:
The City of Winter Springs
Attention: Philip Hursh, Interim City Manager
1126 E. State Road 434
Winter Springs, Florida 32708
(407) 327-5957
with a copy to:
Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss & D’Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32802
(407) 425-9566
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.
584
RFP 12-24-02 HQ MANDATORY FORM
12. MISCELLANEOUS.
A. The Surety agrees that this performance bond shall afford the OWNER with all of the protections and rights
afforded under Florida Statutes and under common law.
B. This performance bond is issued in addition to any other bond or warranty required under the Contract
including, but not limited to, any labor and materials payment bond and maintenance bond. Each bond issued
under the Contract shall be construed as separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this performance bond, then the Surety shall
also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including
reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting directly or indirectly
from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive the termination or
cancellation of this performance bond.
D. This performance bond shall remain in full force and effect until such time all the work, labor and materials under
the Contract have been performed or provided to the OWNER’s complete satisfaction, through the expiration of
all warranty periods.
Principal Surety
_______________________________ ____________________________________
(Typed Firm Name) (Typed Firm Name)
_______________________________ ____________________________________
(Seal) (Seal)
By: By:
_______________________________ ____________________________________
(Signature) (Signature)
_______________________________ ____________________________________
(Printed Name) (Printed Name)
________________________________ ____________________________________
(Title) (Title)
________________________________ ____________________________________
________________________________ ____________________________________
(Address) (Address)
________________________________ ____________________________________
585
RFP 12-24-02 HQ MANDATORY FORM
APPENDIX E
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 SR434 At Winding Hollow Blvd. project in the City of Winter Springs, Seminole County, Florida (the
“Project”); and
WHEREAS, the OWNER has required the Principal to furnish a labor and materials payment bond in accordance
with law and as a condition of executing the Contract with Principal; and
WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and
the Contract referenced above, as the same may be amended, and additionally, to provide common law rights
more expansive than as required by statute.
NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs,
administrators, executors, successors and assigns agree as follows:
1. CONTRACT INCORPORATED; SURETY AND PRINCIPAL BOUND FOR FULL PERFORMANCE. The Contract is
incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly
make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work
provided under the Contract. Any such payments shall not involve the OWNER in any expense.
2. CLAIMS. Claims made under this bond shall be made pursuant to provisions of Section 255.05, Florida Statutes,
and applicable law. Therefore, a claimant, except a laborer, who is not in privity with the Principal shall, before
commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution
of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A
claimant who is not in privity with the Principal and who has not received payment for his or her labor, services,
or materials shall deliver to the Principal and to the surety written notice of the performance of the labor or
delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time
during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or
materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant
or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last
on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal
which includes sums for retainage must specify the portion of the amount claimed for retainage.
3. SURETY’S WAIVER OF NOTICE. The Surety waives notice of any modifications to the Contract, including changes
in the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the
Contract.
4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and
OWNER’s heirs, administrators, executors, successors and assigns, as well as for the benefit of any claimants who
have actually provided labor, material, rental equipment, or services under the Contract.
586
RFP 12-24-02 HQ MANDATORY FORM
5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein
and are expressly made a part of this bond.
6. GOVERNING LAW. This labor and materials payment bond shall be governed by, and construed in accordance
with the laws of the State of Florida without regard to its conflict of laws provisions.
7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond, venue shall lie
exclusively in the Circuit Court for Seminole County, Florida.
8. MISCELLANEOUS.
A. The Surety agrees that this labor and materials payment bond shall afford the OWNER and all claimants under
the Contract with all of the protections and rights afforded under Florida Statutes and under common law.
B. This labor and materials payment bond is issued in addition to any other bond or warranty required under
the Contract including, but not limited to, any performance bond and maintenance bond. Each bond issued
under the Contract shall be construed as separate and distinct from each other.
C. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then
the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and
expense, including reasonable attorneys’ fees and costs for all trial and appellate proceedings, resulting
directly or indirectly from the Surety’s failure to fulfill its obligations hereunder. This subsection shall survive
the termination or cancellation of this labor and materials payment bond.
D. This labor and materials payment bond shall remain in full force and effect until such time that the legal
deadline for filing a claim hereunder has duly expired.
Principal Surety
_______________________________ ____________________________________
(Typed Firm Name) (Typed Firm Name)
_______________________________ ____________________________________
(Seal) (Seal)
By: ____________________________ By:_________________________________
(Signature) (Signature)
_______________________________ ____________________________________
(Printed Name) (Printed Name)
________________________________ ____________________________________
(Title) (Title)
________________________________ ____________________________________
________________________________ ____________________________________
________________________________ ____________________________________
(Address) (Address)
________________________________ ____________________________________
(Date of Execution) (Date of Execution)
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
Criteria Max. Points
Experience: The Proposer’s experience in design and construction projects of this or a similar nature
Proposer has demonstrated significant experience and references provided can attest to their skills and
capabilities performing plumbing/pipe work in an active treatment plant 25 64 71
Proposer has significant experience in successfully completing projects very similar to this project and has the
necessary capabilities, capacity and skills to undertake this project and complete it in a timely manner to meet
City expectations 20 41 60
Experience Total 45 X 3 105 131
Proposer has significant experience in successfully completing projects very similar to this project and has
the necessary capabilities and skills to undertake this project
Reference 1 10 26 30
Reference 2 10 30 27
Reference 3 10 26 30
References Total 30 X 3 82 87
Cost: The cost of the Proposal is important to the CITY, however, based on the evaluation of the other criteria,
the CITY will not necessarily select the lowest cost Proposer. Cost Total: 25 X 32 54 72
EXTRA BONUS POINTS: Certified Minority Business Enterprise: (3 Extra Bonus Points if Yes)
The firm is a certified minority business enterprise as defined by the Florida Small and Minority Business
assistance act 3 X 3
0 0
Total Possible Points 103 241 290
Team Scoring Recap #2 #1
RFP 12-24-02 HQ Inlet Valve Replacement Project Proposal Evaluation Criteria
Razorback LLC Cathcart Construction
718