11 – Instructions to Bidders Lakeside Gravity Outfall System – Phase II Bid No. 01-14

INSTRUCTIONS TO BIDDERS

LAKESIDE GRAVITY OUTFALL SYSTEM – PHASE II

Kings Lake, Terra Alta and Cinnamon Bay

BID No. 01-14

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 time required by the Instructions to Bidders and will enter into the Contract for the work if its proposal is accepted.

Calendar Day: Any day, including Saturdays, Sundays and holidays, and regardless of the weather conditions.

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.

Consulting Engineer: 410 N Pine Meadow Drive and 11 Hollow Pine Drive

Pegasus Engineering, LLC

301 W. State Road 434, Suite 309

Winter Springs, Florida 32708

Phone: 407-992-9160 | Fax: 407-358-5155

Consulting Engineer: 277 E Constance Road

GAI Consultants, Inc.

618 E South Street

Orlando, FL 32801

Phone: 386-668-2040 ext. 315

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 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 "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.

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.

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

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 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

Advertisement 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 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

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.

ARTICLE 10 – POWER OF ATTORNEY

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

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 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 readvertise 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 readvertised 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.

(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 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

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.

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

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 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

Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at the Contractor’s sole expense, purchase, maintain, and keep in full force, effect, and good standing, insurance in an amount necessary to fully protect Contractor and its employees, agents, and subcontractors from claims of the nature that are detailed below, that may arise out of, or result from, the Contractor’s operations, performance, or Work, or all of these things, or any of these things in combination

(Contractor’s Operations), whether the Contractor's Operations are by the Contractor, any of its employees, agents, subconsultants or subcontractors, or anyone directly or indirectly employed by any of them for whose act or acts any of them may be liable.

Except as otherwise specified in the Contract Documents, the insurance shall become effective prior to the commencement of Work by the Contractor and shall be maintained in force until Final Completion or such other time as required by the Contract

Documents. Insurance coverage shall provide the following coverage:

1. Claims under workers’ compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed (with coverage limits required by present Florida Statutes);

2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor’s employees;

3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor’s employees;

4. Claims for damages insured by usual personal injury liability coverage;

5. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom;

6. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle;

7. Claims for bodily injury or property damage arising out of completed operations; and

8. Comprehensive General Liability

Automobile Bodily Injury Liability & Property Damage Liability

$1,000,000 Combined single limit per occurrence (each person, each accident)

All covered automobile will be covered via symbol 1

Liability coverage will include hired & non-owned automobile liability

Include Waiver of Subrogation in favor of The City of DeBary

Comprehensive General Liability (Occurrence Form) -This policy should name the City of DeBary and additional insured and should indicate that the insurance of the

Contractor is primary and not contributory over the insurance of the City of DeBary.

$2,000,000 GENERAL AGGREGATE

$1,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE

$1,000,000 PER OCCURRENCE

$1,000,000 PERSONAL & ADVERTISING INJURY

Include Waiver of Subrogation in favor of the City of DeBary

Subcontractor's Comprehensive General Liability, Automobile Liability and Workers'

Compensation Insurance: The Contractor shall require each subcontractor to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subcontractors in the Contractor's policy, as specified above.

Owner's Protective Liability Insurance: The Contractor shall procure and furnish an

Owner's

Protective Liability Insurance Policy with the following limits:

$2,000,000 AGGREGATE,

and naming the City of DeBary as the Named Insured

Contractual Liability-Work Contract: The Contractor's insurance shall also include contractual liability coverage. NOTE: PUBLIC LIABILITY INSURANCE AND

AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS

ADDITIONAL INSURED.

$2,000,000 AGGREGATE

Certificates of Insurance: Certificate of Insurance Form, naming the City of DeBary as an additional insured will be furnished by the Contractor upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the

Buyer. This certificate shall be dated and show:

The name of the Insured contractor, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date and its termination date. Statement that the Insurer shall mail notice to the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy.

City’s Right to Inspect Policies. The Contractor shall, upon fifteen (15) days' written request from the City, deliver copies to the City of any or all insurance policies and certificates of insurance relating to such policies that are required.

ARTICLE 23 – INDEMNITY

The Contractor shall indemnify and hold harmless the City and the City’s officials, officers, agents, employees from and against all claims, suits, actions, penalties, costs, losses, liabilities, damages and/or causes of action which may arise from or are caused by, in part or in whole, the actions, omissions, negligence, recklessness, or intentional wrongdoing of the Contractor and Contractor’s subcontractors, agents, employees or anyone utilized by Contractor in the performance of Work (or any combination thereof) as a result of or during the performance of Work or services under this Contract, and from and against all costs, attorney's fees (utilizing attorneys selected by or agreeable to the City), expenses and liabilities incurred in or by reason of the defense of any such claim, penalties, suit or action (including pre-suit and trial and appellate levels), and the investigation thereof. The monetary limitation on this indemnity clause and each indemnity by Contractor of the City under the Construction Contract is TWO MILLION

FIVE-HUNDRED THOUSAND DOLLARS ($2,500,000.00) per occurrence, which the parties acknowledge and agree is a commercially reasonable amount for the

Construction Contract. In any and all claims against the indemnified parties by any employee of Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation of this subsection shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable, by or for Contractor, or any subcontractor, or any supplier, or other person under Workers'

Compensation acts, disability benefit acts, or other employee acts.

In the event that City incurs costs contrary to this indemnification provision or any other indemnification provision in the Contract Documents, City shall be entitled to deduct such costs from the Contract Price by issuing a Change Order

– END OF INSTRUCTIONS TO BIDDERS –

11 – Proposal Lakeside Gravity Outfall System – Phase II

THE FOLLOWING DOCUMENTS ARE TO BE

SUBMITTED WITH THE CONTRACTOR’S BID:

Document

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

P R O P O S A L

The City of DeBary, FL Submitted ______________, 2014

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 Specifications, 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.

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 accom-panying 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. If such goals are not achieved and if it is deemed that a good faith effort for compliance has not been shown to the satisfaction of the City of DeBary, the Contractor shall be considered in on-compliance with this policy. If the Contractor fails to come into compliance or fails to show a good faith effort to come into compliance within thirty (30) days, the City

Manager may impose appropriate penalties upon the vendor including prohibiting the vendor from submitting future bids to the City for a period of one (1) year.

The undersigned agrees to accept in full compensation therefore the total of the lump sum prices and extended unit prices items named in the following schedule. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the technical specifications.

The undersigned hereby declare that _____________________________________ has examined the plans and specifications with related documents and the site of the proposed work and being familiar with all of the conditions surrounding the construction of:

LAKESIDE GRAVITY OUTFALL SYSTEM PHASE II

for which bids were advertised to be received on September 8, 2014 at 2:00 PM and further declare _______________________________________ will furnish all labor, materials and supplies and to construct the project in accordance with the Contract

Documents, within the time set forth therein, and at the price stated below. The price is to cover all expenses incurred in performing the work required under the Contract

Documents, of which this proposal is a part.

Work shall be completed as specified in its entirety for the total amount of:

(Use Numbers)

$ Dollars and Cents (Use Words) (Use Words)

At the following unit prices: See Bid Form Sheets

I certify that work shall be completed as specified in its entirety within ONE HUNDRED

FIFTY ONE (151) calendar days of Notice to Proceed.

The City reserves the right to reject any or all proposals, to waive informalities, and to accept all or any part of any proposal as they may deem to be of the best interest of the

City. Acknowledgement is hereby made of the following Addenda received since issuance of Plans and Specifications:

Addendum No. ______ Dated: ______ Addendum No. ______ Dated: ______

Attached hereto is a cashier's check on the _______________________

____________________________ Bank of ____________________________

_______________________ or Bid Bond for the sum of __________________

_________________________________________________________ Dollars

($_____________), made payable to the City of DeBary, Florida.

_____________________________ L.S.

(Name of Bidder) (Affix Seal)

_____________________________ L.S.

(Signature of Officer)

_____________________________ L.S.

(Title of Officer)

Federal Employer Identification Number_________________________________

Address: _________________________________________________________

City: ____________________________ State: ______________ Zip:_________

Phone: ( ) ______________________ Fax: ( )_____________________

The full names and residences of persons and firms interested in the foregoing bid, as principals, are as follows:

Name of the executive who will give personal attention to the work:

Attach list of subcontractors as required by Article 7 of Instruction to Bidders.

– END OF PROPOSAL –

Must be included with Bid Proposal

LIST OF MAJOR SUBCONTRACTORS

Name Address Services to be Supplied

Must Be Included in Bid Proposal

EVIDENCE OF EXPERIENCE AND FINANCIAL STATUS

Project Description Owner’s Name & Address Value of Project

BID BOND

STATE OF FLORIDA

COUNTY OF

KNOW ALL MEN BY THESE PRESENTS, that ________________________________

_____________________________________________________ as Principal, and

___________________________________________a corporation authorized to do business in the State of Florida, as Surety, held and firmly bound unto the City of

DeBary, Florida, in the penal sum of

__________________________________________________ Dollars

[$____________] which represents ____% of the bid amount, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid, dated _____________, 20___, for the project named:

CITY OF DEBARY

LAKESIDE GRAVITY OUTFALL SYSTEM – PHASE II

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal shall not withdraw said bid within Sixty (60) days after date of opening of the same, and

Principal shall within ten (10) days after the prescribed forms are presented to it for signature, enter into a written contract with the City in accordance with the bid as and if accepted by the City, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, if in the event Principal withdraws said bid within the period specified, or the Principal fails to enter into…