City of DeBary, Florida

City Hall 2nd Floor Buildout

Bid # 07-20

Bid Due Date May 25, 2020 at 2:00 p.m.

Bid Opening May 25, 2020 at 2:00 p.m.

Mandatory Pre-Bid inspection meeting will be by appointment only beginning Monday, May 4, 2020 – Friday, May 8, 2020. Failure to schedule and attend pre-bid inspection meeting will disqualify your bid. Contact either Construction Manager listed below. Location: City Hall, 16 Colomba Road, DeBary, Florida

Bids remitted to: Question in writing to:

City of DeBary Mike Jones

Attn: Mike Jones City of DeBary

Purchasing Manager 16 Colomba Road

16 Colomba Road DeBary, Florida

DeBary, Florida 32713 mjones@debary.org

Construction Manager: Construction Manager:

Roger VanAuker Richard Villasenor

16 Colomba Road 16 Colomba Road

DeBary, Florida 32713 DeBary, Florida 32713

386-601-0221 386-601-0215 rvanauker@debary.org rvillasenor@debary.org

City of DeBary Bid Number 07-20

City Hall 2nd Floor Buildout

Table of Contents

Description Page No.

Instructions to Bidders ........................................................................... 1-18

Proposal .............................................................................................. 19-23

Bid Form

List of Major Subcontractors

Evidence of Experience and Financial Status

Officers and Significant Stakeholders .................................................. 27-28

Construction Contract .......................................................................... 29-51

General Conditions ............................................................................. 52-84

Certificates & Affidavits ....................................................................... 85-92

Plans & Specs ................................................................................... 93-100

Special Provisions ........................................................................... 101-103

City Hall 2nd Floor Buildout

Bid Number 07-20

SECTION 1. INSTRUCTIONS TO BIDDERS

ARTICLE 1 - Definitions

Whenever in the Contract Documents, the following terms (or pronouns in place of them) are used, the intent and meaning of such items shall be applicable to both the singular and plural and interpreted as follows:

Addendum: A written explanation, interpretation, change, correction, addition, deletion, or modification, affecting the Contract Documents, including Drawings and Specifications issued by the City or the Engineer and distributed to prospective bidders prior to the bid opening.

Affidavit: The instrument which is to be signed by the Contractor and submitted to the

City, through the Engineer, or other City designated representative, upon completion of that job, showing that all bills have been paid. It shall also mean such instrument that may be requested by the City incident to partial payments.

"And - "Or": The word "and" shall also mean "or", and the word "or" shall also mean

"and" whenever the contents or purpose so require.

Article: The prime subdivision of a section of these or any other referenced

Specifications, the Instructions to Bidders, the Special Conditions and the General

Conditions.

Architect-Engineer is the design professional identified in the City-Contractor

Agreement. Throughout the contract documents, the Architect-Engineer is referred to as if singular in number and neutral in gender. The terms Architect and Architect-Engineer mean the Architect-Engineer or its authorized representative.

Bidder: An individual, firm or corporation submitting a proposal for the work completed;

acting directly or through a duly authorized representative.

Bid Security or Bid Bond: The security designated in the Proposal to be furnished by the Bidder as guaranty that it will not withdraw the bid after bid opening for the period of

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Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the work, or an adjustment in the Contract price or the

Contract time issued after execution of the Contract.

Construction Managers:

Richard Villasenor Roger VanAuker

City of DeBary City of DeBary

16 Colomba Road 16 Colomba Road

DeBary, Florida DeBary, Florida

Phone: 386-601-0215 Phone: 386-601-0221 rvillasenor@debary.org rvanauker@debary.org

Contractor: The person whose Proposal shall be accepted by the City and who shall thereafter enter into a formal contract with the City to furnish the work as bid upon. The

Contractor has the obligation to deliver to the City the completed job in good and workmanlike condition.

Contract Bonds: The securities (Performance Bond and Payment Bond) furnished by the

Contractor and the surety as a guaranty that the Contractor will fulfill the terms of the

Contract in accordance with the Drawings, Specifications and other Contract Documents and will render full payment to subcontractors, laborers, material, men and all others providing work, equipment or materials.

Contract Documents: The Contract Documents, sometimes referred to as the "Drawings and Specifications", shall mean and include the following:

1. Advertisement

2. Instruction to Bidders

3. Proposal

4. Bid Security or Bid Bond

5. Contract

6. Performance Bond

7. Payment Bond

8. General Conditions

9. Special Provisions

10. Technical Specifications

11. Addenda

12. Drawings

City: The City of DeBary, Florida

Drawings: The official approved drawings or plans or exact reproductions thereof which show the location, character, dimensions and details of the work to be done and which are to be considered as part of the Contract Documents, the same as though attached

City of DeBary Page 2 RFP 07-20 thereto.

Engineer: All references to any term or phrase referring to “Engineer” shall be construed as “Consulting Engineer”.

Equipment: The machinery and equipment, together with the necessary supplies for upkeep and maintenance, and including the tools and apparatus necessary for the proper construction and acceptable completion of the work.

Force Account Work: Work performed in addition to that set forth in the original contract or in supplemental agreements or change orders, and which is paid for on the basis of actual cost of materials and labor, plus a fixed percentage of such costs.

Furnish means "supply and deliver, ready for unloading, unpacking, assembly, erection, anchoring, applying, working to dimension, protecting, cleaning and similar operations."

Inspector: An authorized representative of the City assigned to make any or all necessary inspections of the work performed, and materials furnished by the Contractor, including review of change orders and application for payments.

Install describes operations at the site including "unloading, unpacking, assembly, erection, anchoring, applying, working to dimension, and protecting, cleaning and similar operations.

Materials: Any substance proposed to be used in connection with the construction of any structure, facility or appurtenance, or of other work under the contract.

Notices:

1. Notice of Acceptance: The official letter from the City to the successful bidder, notifying it that it has been awarded the Contract.

2. Notice of Award: Same as Notice of Acceptance.

3. Notice to Proceed: The official letter from the City or its duly authorized representative to the Contractor notifying it of the beginning and mutually agreed dates for the completion dates of the Contract work.

Oral Statements: No oral statement of any person whomsoever shall in any matter or degree modify or otherwise affect the terms of the Contract Documents.

Person: The word "person" shall mean and include any individual partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee, or capacity, whether appointed by a court or otherwise, any combination of individuals or

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"persons".

Principal: When used in the Bid Bond, the word "Principal" means the same as the word

"Bidder". When used in the Performance and Payment Bonds, the word "Principal" means the same as the word "Contractor".

Proposal: The offer of the bidder for the work when made out and submitted on the prescribed proposal form, properly signed and guaranteed.

Proposal Form: The official form on which the City requires formal bids to be prepared and submitted.

Provide means "furnish and install, complete and ready for use."

Provided: As used in the Specifications or upon the Drawings, provided shall be understood to mean "provided complete in place", that is, "furnished and installed". Where as shown, as indicated, as detailed or words of similar import are used, it shall be understood that references to the Drawings and/or Specifications accompanying these documents are intended unless otherwise expressly stated.

Resident Project Representative: An employee of the City or an authorized representative and employee of the Engineer assigned to the Project to make observations of the work performed by the Contractor.

Scope of the Work: Includes the Work, as the term is herein defined, as well as the responsibility for performing and complying with all incidental matters pertaining thereto, as set out in the Contract Documents.

Specifications: The Instructions to Bidders, General Conditions, Special Conditions, Technical Specifications and such other documents as set forth in the Contract

Documents.

Special Conditions: Specific clauses supplemental to the other Contract Documents setting forth conditions varying from or additional to the other Contract Documents for a specific project.

State: State of Florida.

Subcontractor: A person supplying labor, materials, supplies, equipment, services, and other incidentals used directly or indirectly by the Contractor or Subcontractors. Such person has contractual relations with the Contractor, but not with the City.

Superintendent: The Contractor's authorized executive representative, in responsible charge of the work at all times.

Surety: The corporate body which is bound by the Contract Bonds with and for the

Contractor (who is primarily liable) and which engages to be responsible for its acceptable performance of the work for which the contract has been made and for its prompt payment of all debts pertaining thereto.

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Work Order: A written authorization to the Contractor signed by the City, concerning the performance of work and/or the furnishing of materials on a force account basis as provided in the General Conditions.

Work: Shall mean everything expressly or impliedly required to be furnished and/or done by the Contractor by any one or more of the Contract Documents, including but not limited to all labor, supplies, materials and incidentals required for the construction of the improvements required by the Contract Documents

ARTICLE 2 – Obligation of Bidder to Inform Itself as to all Conditions Relating to

Project:

1. Before submitting a Bid, each Bidder must: (a) examine the Contract

Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect the cost, progress or performance of the Work including, but not limited to, weather and climatologic data relating to the area; (c) familiarize himself with federal, state and local laws, ordinance, rules, regulations and policies that may in any manner affect cost, progress or performance of the Work; (d) study and carefully correlate Bidder's observations with the Contract Documents; (e) make written requests for interpretations promptly after discovering any conflicts, errors, ambiguities or inconsistencies; and (f) contact all utilities and others who may be working at the Project site, prior to submitting a Bid in order to determine the extent to which utility installations, utility relocations or adjustments (temporary and permanent) will impact the responsibility to schedule, coordinate and sequence the Work with the work of the City, utility work, and the work of others at the project site.

2. The Bidder, by and through the submission of its bid, agrees that it shall be held responsible for having theretofore examined the site, the location of all proposed work and for having satisfied itself from its own personal knowledge and experience or professional advice as to the character, and location of the site, the nature of the ground, surface and subsurface, the water elevations, location of buried utilities and any other conditions surrounding and affecting the work, any obstructions, the nature of any existing construction, and all other physical characteristics of the job, in order that it may include in the prices which it bids all costs pertaining to the work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which may be encountered in doing the proposed work.

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3. Any records of contours, obstructions and other subsurface investigations shown on the Drawings or included hereinafter, were made solely for design purposes for the work; and the City and its Engineer do not warrant, guarantee or represent that said data is correct with respect to actual subsurface conditions; therefore, the Bidder, by and through the submission of its bid affirms that it has made, or has caused to be made, its own test holes and/or other investigations of such subsurface conditions, and/or that it has otherwise satisfied itself with respect to such conditions; and, should the Bidder be awarded the Contract, it agrees that it will make no claims against the City, or its consultants if, in carrying out the work, it finds that the actual conditions do not conform to those indicated.

4. The Bidder, in preparing its bid, shall take into consideration that work by other contractors may be in progress at or near the site during the performance of the work to which the bid relates and that it will be expected, should it be awarded a Contract, to avoid interference with work done by such other contractors and to coordinate its work with other contractors at the site.

5. The submission of the Bid shall be an indication that the Bidder has considered normal local weather conditions (daily and monthly variations) for the previous ten years from the date of the Bid as compiled by the National Weather Service and measured at Orlando International Airport. Bidder should consider and include the impact of weather conditions, including the possibility of hurricanes and tropical storms and related adverse weather conditions common to Central

Florida, on construction scheduling and sequencing when preparing the Bid. No claim shall be allowed based upon the schedule impact of normal local weather conditions.

6. Errors or Omissions in Plans or Specifications - The Bidder shall take no advantage of any apparent error or omission which they may discover in the plans or specifications but shall at once notify the City of such discovery, who will then make such corrections and interpretations as may deem necessary for reflecting the actual spirit and intent of the plans and specifications.

ARTICLE 3 – Examination of Contract Documents:

The Bidder shall examine carefully the Drawings and Specifications and other contract documents, and inform itself thoroughly regarding any and all conditions and requirements, including the construction schedule, that may in any manner affect the work to be performed under the Contract. Ignorance on the part of the Contractor will in no way relieve it of the obligations and responsibilities assumed under the Contract.

ARTICLE 4 – Discrepancies

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Should a Bidder find discrepancies or ambiguities in, or omissions from, the Drawings or

Specifications, or should it be in doubt as to their meaning, it shall at once notify the City.

ARTICLE 5 – Addenda, Changes or Interpretations During Bidding:

1. Changes to these "Instruction to Bidders" or Contract Documents, if any, shall be made by officially transmitted Addenda from the CITY OF DEBARY. Unless formally transmitted from the CITY OF DEBARY, no change or modification shall be valid.

2. Copies of the "minutes" of Pre-bid conferences or any other form of clarification of the bid requirements are for information purposes only, and are not part of the contract documents, unless specifically incorporated in an

Addendum and formally transmitted as such from the CITY OF DEBARY.

3. No oral interpretations will be made to any Bidder as to the meaning of the

Contract Documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of bids will be given consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective bidders not later than five (5) days prior to the established bid opening date. Each prospective bidder shall acknowledge receipt of such addenda in the space provided therefore in the Proposal form. In case any bidder fails to acknowledge receipt of such addenda or addendum, its bid will nevertheless be construed as though it has been received and acknowledged and the submission of its bid will constitute acknowledgment of the receipt of same. All addenda are a part of the Contract Documents and each bidder will be bound by such addenda, whether or not received by it. It is the responsibility of each prospective bidder to verify that it has received all addenda issued before bids are opened.

ARTICLE 6 – Familiarity with Laws

1. The Bidder is required to be familiar with and shall be responsible for complying with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the work.

2. Bidder shall be licensed to perform the required work in accordance with the laws of the State of Florida and local ordinances. Bidder shall insure that all their subcontractors are correspondingly licensed to perform work in accordance with the laws of the State of Florida and local ordinances.

ARTICLE 7 – Preparation and Submission of Bids:

1. Signature of the Bidder: The Bidder must sign the Proposal forms in the

City of DeBary Page 7 RFP 07-20 space provided for the signature. If the Bidder is an individual, the words "doing business as _______", or "Sole Owner" must appear beneath such signature.

In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Bidder is a corporation, the title of the officer signing the Proposal in behalf of the corporation must be stated and evidence of its authority to sign the Proposal must be submitted. The Bidder shall state in the Proposal the name and address of each person interested therein.

2. Basis for Bidding: The price bid for each item shall be on a lump sum or unit price basis according to the form of the Proposal.

3. Price Bid: The total price bid for the work shall be the sum of the lump sum prices bid and/or unit prices multiplied by the appropriate estimated quantities for the individual items and shall be stated in figures in the appropriate place on the Proposal Form. In the event that there is a discrepancy on the

Proposal Form due to unit price extensions or additions, the corrected extensions and additions shall be used to determine the project bid amount.

4. Submission of Bids:

A. Each bid shall be submitted on the Proposal Form as furnished, together with a suitable bid security, herein described.

B. The above proposal and bid security shall be submitted in a sealed envelope, which shall be marked so as to clearly indicate its contents and the name of the Bidder. If forwarded by mail, the above mentioned envelope shall be enclosed in another envelope addressed to the

CITY OF DEBARY

16 COLOMBA ROAD

DEBARY, FLORIDA, 32713

and preferably by special delivery, registered mail; if forwarded otherwise than by mail, it shall be delivered to the CITY OF DEBARY, at the above named address BETWEEN THE HOURS OF 8:30 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. No bids shall be accepted by facsimile or email. Proposals will be received until the date and hour stated in the Adver-tisement for Bids.

C. The Bidder shall submit with its bid a list of the names and addresses of its major subcontractors together with the services they will supply. These subcontractors will be subject to review as to their competency by the City prior to award of Contract and shall be one of the considerations in

City of DeBary Page 8 RFP 07-20 determining the lowest responsible Bidder as defined hereinafter. After award of Contract, no change in subcontractors shall be made unless approved by the City after a request for such a change has been submitted in writing by the Contractor who shall include the reasons for such request. (See General

Conditions, Article 6, Paragraph 4). The Bidder should submit with its

Proposal evidence of its experience and financial status. The evidence should include a list of project similar in character, size and value which it has satisfactorily completed and which are now in satisfactory operation and showing the location, the Owner’s name and address, the money value of the work and a brief description of each project.

ARTICLE 8 – Disqualification of Bidders

1. One Proposal: Only one Proposal from an individual firm, partnership or corporation under the same or under different names will be considered. If it is believed that a Bidder is interested in more than one Proposal for the work involved, all Proposals in which such a Bidder is interested will be rejected.

2. Collusion Among Bidders: If it is believed that collusion exists among the

Bidders, the Proposals of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future Proposals for the same work.

ARTICLE 9 – Bid Security (Not Applicable)

Each bid must be accompanied by a cashier's check or Bid Bond in an amount not less than five percent (5%) of the amount of the bid. The bid security of all Bidders, excepting the three (3) lowest responsible Bidders, will be returned within ten (10) days after the formal opening of bids. The bid security of the three (3) lowest responsible Bidders will be returned within ten (10) days after the City and the accepted Bidder have executed the written Contract and the accepted Bidder has filed an acceptable bond. If sixty (60) days have passed after the date of the formal opening of the bids and no Contract has been awarded, the bid security of any Bidder will be returned on demand, provided that the

Bidder has not been notified of the acceptance of its bid.

The Bid Bond is submitted with the understanding that it shall guarantee that the Bidder will not withdraw its Bid for a period of at least sixty (60) days after the closing time for receipt of Bids. On some Projects, Bidders may be requested to guarantee Bids for a period of longer than sixty (60) days. In this event, notice shall be given by addenda. By mutual agreement of the City and the successful Bidder, the Bid acceptance period may be extended for a period longer than sixty (60) days.

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ARTICLE 10 – Power of Attorney (Not Applicable)

Attorneys-in-Fact, who sign Bid Bonds or Contract Bonds, must file with such bonds a certified copy of their Power of Attorney to sign said Bonds.

ARTICLE 11 – Bid Security Forfeited- Liquidated Damages (Not Applicable)

Failure to execute a Contract and file the required bonds as provided herein within ten

(10) days after a written Notice of Award has been given shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder or all bids may be rejected.

ARTICLE 12 – Withdrawal of Bid

Any bid may be withdrawn prior to the time scheduled in the Advertisement for Bids for the opening thereof. A bid may also be withdrawn sixty (60) days after the date of the opening of the bids, provided that the Bidder has not been notified that its bid has been accepted.

ARTICLE 13 – Opening of Bids

Bids will be publicly opened and read aloud at the appointed time and place stated in the

Advertisement for Bids. The officer whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility will be attached to any officer for the premature opening of a bid not properly addressed and identified. Bidders or their authorized agents are invited to be present.

ARTICLE 14 – Consideration of Bids

For the purpose of award, after the Proposals are opened and read, the correct summation of the lump sum prices and/or of the products of the estimated quantities shown in the Proposal and the unit prices will be considered the bid. The amounts then will be compared and the results of such comparison made available to the public. Until the final award of the Contract, the right will be reserved to reject any and all Proposals and to waive technical errors and irregularities as may be deemed best for the interests of the City.

ARTICLE 15 – Right to Accept or Reject Bids

Bids which contain modifications are incomplete, unbalanced, conditional, and obscure or which contain additions not requested or irregularities of any kind, or which do not

City of DeBary Page 10 RFP 07-20 comply in every respect with the Instructions to Bidders, and the Contract Documents, may be rejected at the option of the City. The City does not bind itself to accept the minimum bid stated herein, but reserves the right to accept any bid, which in the judgment of the City will best serve the needs and interests of the City.

ARTICLE 16 – Award of Contract

1. The City reserves the right to reject any or all bids, or any part of any bid, to waive any informality in any bid, or to re-advertise for all or part of the work contemplated. The City reserves the right, prior to award of Contract, to delete from the scope of the project any item or any combination of items the aggregate bid prices for which do not exceed 25 percent of the total bid price for the project. If bids are found to be acceptable by the City, written notice will be given to the lowest responsible Bidder of the Acceptance of its Proposal and of the award of the Contract to it.

2. If a Bidder to whom a Contract is awarded forfeits its bid security and the award of the contract is annulled, the City may then award the Contract to the next lowest responsible Bidder or the work may be re-advertised or may be constructed by day labor as the City decides.

3. The Contract will be awarded to the lowest responsible and responsive Bidder complying with the applicable conditions of the Contract Documents. In determining the lowest responsible and responsive bidder, in addition to price, the City shall have the discretionary power to render decisions on and accept or reject bids or proposals on the basis of:

(i) The ability, capacity, skill and sufficiency of resources of the Bidder to perform the contract and provide the requested materials or service.

(ii) The Bidder’s ability to perform the contract within the time specified.

(iii) The character, integrity, reputation, judgment, experience and efficiency of the Bidder.

(iv) The quality of performance and conduct of the Bidder on previous contracts with the City or any other reference or party that the Bidder has performed work or services.

(v) The previous and existing compliance by the Bidder with laws and ordinances relating to the contract.

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(vi) The quality, availability and adaptability of the supplies, or professional or contractual services to the particular use required.

(vii) The ability of the Bidder to provide future maintenance and service on the matter procured and the financial impact upon the City to receive future maintenance and services.

(viii) The Bidder’s pecuniary ability and financial stability.

(ix) The ability to meet the City’s stated requirements for bonding and insurance in order to fully protect the interests of the City.

(x) Whether the Bidder is in arrears to the city on a debt, is a defaulter on any bond or to any surety, and whether the Bidder’s taxes or assessments are delinquent.

(xi) The proximity of Bidder’s labor force, equipment and business operation in relation to the City.

(xii) Proportional amount of the work or services Bidder intends to perform with its own organization as compared with the portion it intends to subcontract and the qualifications of subcontractors whom the Bidder proposes to use.

(xiii) Whether the Bidder submitted a bid or proposal that conforms to the requirements stated in the request for bids or proposal issued by the City.

4. In addition, each Bidder shall produce satisfactory evidence that it and all subcontractors it proposes to use hold valid state, county and local licenses or certificates of competency covering all operations and all areas of political jurisdiction involved in the work of this Contract.

5. The ability of any Bidder to obtain a performance bond shall not be regarded as the sole test of such Bidder's competence or responsibility.

6. The City also reserves the right to reject the Proposal of a Bidder who has previously failed to perform properly or to complete Contracts of a similar nature on time.

7. The City may conduct detailed examinations of Bidders, including of Bidders’ personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other

City of DeBary Page 12 RFP 07-20 matters of responsibility germane to the procurement process. The City may, as it deems appropriate, review background items of Bidders to ascertain that no civil or criminal cloud exists over the bidders and their personnel. The failure of a Bidder to supply information in connection with an inquiry in a timely manner, at the City’s discretion, may be grounds for determination of non-responsibility with respect to the Bidder.

8. Until the final award and execution of a contract, the City reserves the right to reject any and all bids and proposals and to waive technical errors and irregularities as may be deemed best for the interests of the City.

ARTICLE 17 – Execution of Contract The Bidder to whom a contract is awarded will be required to execute in two (2) counterparts the prescribed Contract and Contract Bonds, if required, within ten (10) days from the date of Notice of Acceptance of the Bidder's Proposal, and deliver the executed

Contract to the City.

ARTICLE 18 – Performance and Payment Bonds (Not Applicable)

1. Florida State Statute 255.05 permits the City to waive the requirement for

Performance and Payment Bonds, if required, in any contract, which is awarded for $200,000.00 or less. The City has determined that it may wish to exercise this authority if the City deems such waiver to be solely in its best interest.

2. If the City chooses not to exercise this authority or if the value of the work exceeds the Statutory threshold, then simultaneously with his delivery of the executed Contract to the City, a Bidder to whom a Contract has been awarded must deliver to the City executed, separate Performance and Payment Bonds on the prescribed forms each in an amount of one-hundred percent (100%) of the total amount of the accepted bid, as security for the faithful performance of his Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. The Performance and Payment Bonds shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the

State of Florida and with a resident agent in Volusia, Seminole, Orange or

Brevard Counties, Florida. The Attorney-in-Fact or other officer who signs

Performance and Payment Bonds for a surety company must file with such bonds a certified copy of his Power-of-Attorney authorizing him to do so.

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3. Florida State Statute 255.05 requires the Contractor, at his expense to record the executed Performance and Payment Bonds in the public records of the

City where the improvement is located prior to commencing work.

4. The Performance and Payment Bonds shall remain in force for one (1) year from the date of final acceptance of the work as a protection to the City against losses resulting from latent defects in materials or improper performance of work under the Contract, which may appear or be discovered during that period.

ARTICLE 19 – Qualification of Sureties (Not Applicable)

The following requirements shall be met by all surety companies furnishing bid, performance, payment or other type of bonds:

Qualifications: As to companies being rated acceptable:

A. The Surety shall be rated as "A" or better as to General Policyholders Rating and Class X or better as to Financial Category by Best's Key Rating Guide, published by A. M. Best Company, Inc., of Ambest Road, Oldwick, New Jersey

08858. Rating for the Companies providing insurance for the project, as required in Article 5, Paragraph 5.2 of the General Conditions (Page GC/19), shall be "B", Class VIII or better (NOTE: If the bond requirement does not exceed $500,000.00, than the suitability of the surety will be determined in accordance with the requirements of Section 287.0935, Florida Statutes).

B. The Surety shall be listed on the U.S. Treasury Department's Form 570

(Revised annually) entitled, "Companies Holding Certificates of Authority from the Secretary of the Treasury under the Act of Congress Approved July 30, 1947, (6 U.S.C., Sec. 6-13) as Acceptable Sureties on Federal Bonds (a)" dated May 2, 1955, or thereafter.

C. All Surety Companies are subject to approval and may be rejected by the City without cause, in the same manner that bids may be rejected.

D. The Agent countersigning the bond shall be registered in the State of Florida.

ARTICLE 20 – Interpretation of Quantities

In the case of unit price items, the quantities of work to be done and materials to be furnished under this Contract, given in the Bid Form, are to be considered as approximate only and are to be used solely for the comparison of Bids received. The City and/or its representatives do not or by implication represent that the actual quantities involved will

City of DeBary Page 14 RFP 07-20 correspond exactly therewith; nor shall the Bidder plead misunderstanding or deception because of such estimate or quantities or of the character, location or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or material furnished in accordance with the Drawings and other

Contract Documents, and it is understood that the quantities may be increased or diminished as provided in the General Conditions without in any way invalidating any of the unit or lump sum prices bid.

ARTICLE 21 – Public Entity Crimes

Any Person or affiliate, as defined in Section 287.133 of the Florida Statutes, shall not be allowed to contract with the City, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years of the date of this Project was advertised for Bid, or if such person or affiliate was listed on the State's convicted vendor list, within three (3) years of the date of this

Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation.

Any Contract with the City obtained in violation of this Section shall be subject to termination for cause. A subcontractor who obtains a subcontract in violation of this

Section shall be removed from the Project and promptly replaced by a subcontractor acceptable to the City.

ARTICLE 22 – Insurance Insurance and Bonds

1 Prior to commencement of its Work, the Contractor shall furnish to City, policies of insurance and appropriate certificates evidencing that the below described insurance is in force and fully paid. All insurance policies and certificates provided for hereunder shall become a part of this Contract and the policies and insurance company issuing same must be acceptable to City. The Contractor shall purchase and maintain insurance of the following types of coverage and limits of liability:

1.1 Commercial General Liability (CGL) with limits of insurance not less than $1,000,000 each occurrence and $2,000,000 annual aggregate.

1.1.1 If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project.

1.1.2 CGL coverage shall be written on ISO Occurrence Form CG 00 01 1093 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products-completed operations, and personal and advertising injury.

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1.1.3 City, Owner, and all other parties required by the City and/or by the Owner Contract, shall be included as additional insureds on the CGL, the endorsement used must provide a scope of coverage equivalent to or broader than the ISO CG 20 10 and 2037 forms. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Contractor. It shall apply as Primary Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured. Insurance must be primary and non-contributory.

1.1.4 Contractor shall maintain CGL coverage for itself and all additional insureds for the duration of the Project and maintain Completed Operations coverage for itself and each additional insured through the longer of the applicable statute of limitations or repose period for construction defects and products liability claim in the state where the Work is performed after completion of the Work.

1.2 Automobile Liability

1.2.1 Business Auto Liability with limits of at least $1,000,000 each accident.

1.2.2 Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles.

1.2.3 City, Owner and all other parties required of the City shall be included as additional insureds on the auto policy.

1.3 Commercial Umbrella

1.3.1 Umbrella limits must be at least $1,000,000.

1.3.2 Umbrella coverage must include as insureds all entities that are additional insureds on the CGL.

1.3.3 Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to the additional insured other than the CGL, Auto Liability and Employers Liability coverages maintained by the Contractor.

1.4 Workers' Compensation and Employers Liability

1.4.1 Employers Liability Insurance limits of at least $500,000 each accident for bodily injury by accident and $500,000 each employee for injury by disease.

1.4.2 Where applicable, U.S. Longshore and Harborworkers Compensation Act Endorsement shall be attached to the policy.

1.4.3 Where applicable, the Maritime Coverage Endorsement shall be attached to the policy.

1.5 Builder's Risk Insurance

1.5.1 The City and/or Owner may pay for and/or maintain a Builder's Risk Insurance policy insuring the Work against damages and loss by fire, storm, theft, and other such causes from which the Contractor shall receive his pro-rata share in the event of a loss. However, the City assumes no responsibility for any loss excluded from Builder's Risk Insurance, or for payment of any deductibles regardless of whether the City or Owner paid for or provided the Builder's Risk Insurance. If the Owner or City has not purchased insurance satisfactory to Contractor, Contractor may, as its sole option and expense, purchase and maintain a policy insuring its Work against damages and loss by fire, storm, theft and other such causes to protect the interest of the Contractor.

2 Certificates of Insurance acceptable to the City shall be filed with the City prior to commencement of the Contractor's Work. Attached to each Certificate of Insurance shall be a copy of the Additional Insured Endorsement that is part of the Contractor's Commercial General Liability Policy. City's receipt of Contractor's proof of insurance as required above at the beginning of the Project, and at any other time that the insurance required by the Contract Documents is required to be in place, is

City of DeBary Page 16 RFP 07-20 an express condition precedent to Contractor's right to commence work and Contractor's right to payment at any time.

3 Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Contractor's Work until date of final payment and termination of any coverage required to be maintained after final payment to the Contractor.

4 These certificates and the insurance policies required by this paragraph shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the City. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment. If Contractor receives notice that any of its insurance carriers intend to cancel, non-renew, or materially change any of the policies required to be maintained by the Contract for any reason, it must immediately give written notice of the same to City. Furthermore, if Contractor cancels, non-renews, or materially changes any of the policies required to be maintained by the Contract for any reason, it must give written notice to City thirty (30) days in advance of such changes becoming effective. The use of "Leased Employees" or a Professional Employer Organization to administer Workers' Compensation shall expressly constitute a material change. Contractor's failure at any time to have insurance coverage of the types and amounts listed herein is a material breach of contract and a default justifying termination of this Contract.

5 Waiver of Subrogation. Contractor waives all rights against City, Owner and Architect and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Contractor's commercial general liability, commercial umbrella liability, business auto liability or Workers' Compensation and employers liability insurance maintained per requirements stated above.

6 It is expressly agreed and understood by and between Contractor and City that all insurance, whether issued on a primary or excess basis, afforded the additional insureds shall be primary insurance to any other insurance available to City and that any other insurance carried by City shall be excess of all other insurance carried by the Contractor and shall not contribute with the Contractor's insurance. Contractor further agrees to provide endorsements on its insurance policies that shall state the foregoing; however, Contractor's failure to provide such endorsement shall not affect Contractor's agreement hereunder.

7 Bonds are required as defined in Exhibit "A" of this Contract. If required, bonds must be for the total amount of this Contract. We require the bonding company to have an A.M. Best Financial Strength Rating of A- or better, a Financial Size of V or greater, and listed in the Department of the Treasury's Listing of Certified Companies. Bonds will only be accepted on the forms attached hereto and incorporated herein as Exhibit "F". The cost to supply the bonds is included in the Contract Amount.

ARTICLE 23 – Indemnity

(a) Contractor hereby indemnifies and holds the City of DeBary and its officials, employees, representatives, and agents harmless from and against any and all claims, disputes, lawsuits, injuries, damages, construction liens, attorneys' fees (including trial and appellate fees), costs and experts' fees, interest and all adverse matters in any way arising out of or relating to acts, omissions, negligence, misrepresentations or defaults of Contractor and/or Contractor’s employees, agents, officers, representatives, and subcontractors related to this Agreement.

(b) To the extent that Contractor does not have worker’s compensation insurance coverage, Contractor hereby warrants and represents that Contractor is not

City of DeBary Page 17 RFP 07-20 required to have such coverage under Florida law or any other law. Failure to carry worker’s compensation insurance where required by law shall constitute a material breach of this Agreement. Contractor’s indemnification and hold harmless obligations under subsection (a) of this section expressly include but are not limited to any and all claims by any injured employee of Contractor, regardless of the merits of such claim. None of Contractor’s employees, agents, officers, representatives, or subcontractors shall be considered employees of the City for purposes of worker’s compensation or for any other purpose.

(c) This section survives termination, expiration, and/or completion of this Agreement.

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SECTION 2. PROPOSAL

ARTICLE 1-The Following Documents are to be Submitted with the Contractor’s Bid:

Proposal Bid Form List of Major Subcontractors Evidence of Experience and Financial Status Bid Bond Conflict of Interest Disclosure Form Officers and Significant Stakeholders Internal Revenue Service, Form W-9, Taxpayer Identification Conflict of Interest Affidavit Non-Collusion Affidavit Drug Free Workplace Affidavit Public Entity Crimes Sworn Statement Public Records Requirements Prohibition Against Contracting with Scrutinized Companies

Certification Prohibition Against Contingent Fees

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P R O P O S A L

The City of DeBary, FL Submitted ______________ , 2020 16 Colomba Road DeBary, FL 32713

Gentlemen:

The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal of the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a bid or proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud.

The Bidder further declares that it has examined the site of the work and that from personal knowledge and experience, or that it has made sufficient test holes and/or other subsurface investigations to fully satisfy itself that such site is a correct and suitable one for this work and it assumes full responsibility therefore; that it has examined the Drawings and

Specifications for the work and from its own experience or from professional advice that the Drawings and Specifications are sufficient for the work to be done and it has examined the other Contractual Documents relating thereto, including the Advertisement for Bids, Instructions to Bidders, Proposal, Bid Security or Bid Bond, Contract, separate

Performance and Payment Bonds, General and Special Conditions, Technical Speci-fications, Drawings and has read all addenda prior to the opening of bids, and that it has satisfied itself fully, relative to all matters and conditions with respect to the work to which this Proposal pertains.

The Bidder proposes and agrees, if this Proposal is accepted, to contract with the City of

DeBary, Florida in the form of the contract specified, to furnish all necessary materials, all equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the Proposal and the Contract, and called for by the Drawings and Specifications and in the manner specified.

The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the Contract Form.

The Bidder further agrees that the deductions for liquidated damages, as stated in the

Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the City for additional costs to the City resulting from the work not being completed within the time limit stated in the Contract Form.

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The Bidder further agrees to execute a Contract and, if required, furnish satisfactory separate one hundred percent (100%) Performance and Payment Bonds therefore, within ten (10) consecutive calendar days after written notice being given by the City of the award of the Contract, and the undersigned agrees that in case of failure on its part to execute the said Contract and the Contract Bond within the ten (10) consecutive calendar days after the award of the Contract, the cashier's check or Bid Bond accompanying its bid and the money payable thereon shall be paid to the City of DeBary, Florida as liquidation of damages sustained by the City; otherwise; the check accompanying the Proposal shall be returned to the undersigned after the Contract is signed and the Contract Bond is filed.

The Bidder further agrees to comply with the Disadvantages, small and Women owned

Business Enterprises Program goal of 10% as established by the City Council (City of

DeBary, Code of Ordinances, Sec. 2-184). In the event such goals are not achieved, the

Contractor shall provide evidence of good faith effort to achieve such goals.