SIDEWALK_BID_DOCUMENT_clean.pdf

City of DeBary Request for Proposal

RFP 03-20

Sidewalk Repair & Reconstruction Project

Bid Proposal due by March 27, 2020 2:00 P.M. at DeBary City Hall

City of DeBary 1 of 23 RFP 03-20

I. BIDDER’S REPRESENTATIONS & BID SCHEDULE

II. BID REQUIREMENTS AND SELECTION CRITERIA

III. REFERENCES

IV. CERTIFICATE OF INSURANCE

V. PERFORMANCE BOND

VI. ONTRACT AGREEMENT

VII. BIDDERS CHECKLIST

VIII. LOCATIONS

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I. BIDDER’S PROPOSAL AND REPRESENTATIONS

The company, entity, or individual that is submitting this Proposal (the “Bidder”) declares that he/she/it has extensive experience in the process of apron, sidewalk and curb removal and replacement and is also licensed to do so.

The undersigned, as Bidder, hereby declares that the only person, persons, or entity(ies) interested in the Proposal as principal or principals are named herein, and that no other person or entity than herein mentioned has any interest in the Proposal or in the Contract to be entered into; that this Proposal or Contract is made without connection with any other person, company, entity or party(ies) making a bid with respect to the instant RFP; and that Bidder submits this Proposal in a manner that is in all respects fair and in good faith without collusion or fraud.

The Bidder further declares that he/she/it has examined the site of the work and informed himself/herself/itself fully in regard to all conditions pertaining to the place where the work is to be done;

that he/she/it has examined the RFP and any relevant plans and specifications for the work and Contract Documents relative thereto, and has read all special provisions furnished prior to the opening of bids; and that he/she/it is willing and able to supply all materials required to be supplied and to perform all work required to be performed.

The Bidder certifies that the information and responses provided within this Proposal are true, accurate, and complete. The City and/or its designated representatives may contact any entity(ies) or reference(s) listed in the response and investigate the company as defined in References & Qualifications or anyone else to verify the Bidder’s abilities and quality of work. The contractor hereby grants permission for each entity or reference listed in the Bidder’s response to make any information concerning the Bidder available to the City.

The Bidder proposes, if the Proposal is accepted, to enter into a contract with the City of DeBary, Florida, in a form substantially similar to the Contract for Sidewalk Repair and Reconstruction as provided in the RFP documents.

In City of DeBary, Florida, and in full and complete accordance with the shown, noted, described, and reasonably intended requirements of the RFP and any applicable plans, specifications, Contract Documents, and Addenda, and to the full and entire satisfaction of the City of DeBary, Florida, the Bidder proposes to furnish all materials, equipment, labor, and perform the work submitted in their bid schedule for the City of DeBary’s project: “SIDEWALK REPAIR AND RECONSTRUCTION PROJECT”

COMPANY DATE

ADDRESS PHONE

BY: SIGNATURE

PRINT NAME AND TITLE

Sworn to and subscribed before me on this ______day of _______ ,2020

(Notary Public)

(My Commission Expires)

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SUBMIT BID ITEMIZATION WITH PROPOSAL TO:

CITY OF DEBARY

4” Sidewalk Replacement at various locations throughout City of DeBary as identified on VIII

LOCATIONS:

Total cost $______________

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II. BID REQUIREMENTS AND SELECTION CRITERIA

REQUEST FOR PROPOSAL

Sidewalk Repair and Reconstruction– FY2020 Unit Price Contract

BID DOCUMENTS

I. Bidder’s Proposal and Representations II Bid Requirements and Selection Criteria III. References IV. Certificate of Insurance V. Performance Bond VI. Contract Agreement VII. Bidder’s Checklist VIII. Locations

LOCATIONS

The City of DeBary is soliciting proposals from qualified Construction Contractors for various repairs to:

Concrete Sidewalks– City Wide locations- for FY2020

BID SUBMITTALS

Bid documents must include a signed proposal, itemized bid description and fee schedule, project schedule, references, contractor’s license and insurance certificates. Any major sub-contractor that will be hired by the contractor for this project must also submit references, contractor’s license and insurance certificates. Refer to bidder’s checklist for further details. Submit one (1) original and two (2) copies of all bid submittal documents. Failure to submit the required bid submittals could result in a contractor’s bid being deemed incomplete or non-compliant with bid specifications and will not be reviewed for price.

BIDDER REQUIREMENTS

Contractors must have completed a minimum of three (3) commercial projects of similar size/scope and show continual work experience in concrete placement and finishing for at least the last five (5) years. Contractor must own, rent, operate and/or have available for use all equipment necessary to complete the scope of work. Contractor must maintain all necessary certifications and licensing required to work within Volusia County and the State of Florida. Contractor must be a licensed general or flatwork concrete specialty contractor.

BIDDER INFORMATION

All Contractors must contact the City’s Project Manager, via e-mail, with their intention to bid, along with their company name and contact information. The City is not responsible for any Addendums or other supplementary information that is not received due to non-submittal of the aforementioned information.

PRE-BID MEETING

There will be no mandatory pre-bid meeting for this solicitation. Please submit all questions or requests for clarification to Project Manager Alan Williamson, via email (awilliamson@debary.org), by March 20, 2020.

BID PACKAGES

Sealed bids will be received until 2:00 p.m. on March 27, 2020, in the City of DeBary Public Works Department, DeBary, Florida at which time they will be publicly opened and read. All bidders are invited to attend this bid opening, which will be held immediately following the closing time specified. Bids received after the deadline will not be accepted.

Bids should be addressed to: City of DeBary, Public Works Department 16 Colomba Road, DeBary, FL 32713

Plainly marked as: “SIDEWALK REPAIR AND RECONSTRUCTION PROJECT””

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CITY CONTACT INFORMATION

Alan Williamson, Project Manager 16 Colomba Road DeBary, Florida 32713 Office - (386)601-0208 E-mail – awilliamson@debary.org

SCOPE OF WORK

Each individual unit price for concrete work shall be all inclusive. This would include costs for mobilization, layout, saw cut and demolition of existing sidewalk/curb and any unsuitable sub-grade.

Fill and compact new sub-grade where necessary. Unit price shall also include any and all haul-out disposal costs, and disposal fees.

Construction of new sidewalks must conform to all ADA standards.

Contractor is to patch back any disturbed asphalt, grass, or other area.

Contractor may remove tree roots within City right-of-way as needed.

Contractor to include all MOT and stormwater protection devices necessary during demolition and construction as necessary.

Sidewalks are completed without engineer’s design. Repair/replacement is coordinated in field with

City personnel.

See VIII Locations for repair sites and brief description

DETAILED SPECIFICATIONS

The contractor shall carefully examine the City right-of-way and be familiar with the work required for the project. Investigate all site conditions that may affect execution of the work as detailed in the bid documents. Contact the City’s Public Works Department or their designee for changes or alterations before proceeding. Contractor is responsible for field measurement and review of existing conditions.

Work Hours shall be from 7:00AM until 5:00PM, Contractor is responsible for all utility locates through Sunshine One-Call.

Site and surrounding properties must be kept free of debris and thoroughly cleaned upon completion.

All work to be completed within City Property or City Right-Of-Way.

Equipment left on site must be approved by the Public Works Department.

Barricades, cones, and/or traffic control activities, ALL MOT requirements are the responsibility of the Contractor. All disturbed areas are to be patched back equal to or better than the existing condition.

Contractor is responsible for all Stormwater BMPs as necessary during the course of this contract. As per DEP’s requirements for MS4’s, please provide proof of Site Operator Training based on DEP’s Stormwater, Erosion, and Sediment Inspector Training Class.

Must currently hold all required licenses\certifications.

Contractor is responsible for field measurement.

ADDITIONAL WORK DETAILS

Firms or persons wishing to bid on this project must be licensed, bondable and insured in accordance to the requirements of this proposal package. Contractors and sub-contractors must be certified, registered and/or licensed by the proper construction licensing boards for the work being performed.

The contractor will furnish all necessary labor, materials, tools, equipment and supplies to complete the scope of work. Proposal must also include all costs for licenses, permits and any material disposal fees.

REQUEST FOR CLARIFICATION

Bidders shall bring questions, discrepancies, omissions, conflicts or doubt as to meaning of any part of the RFP, contract, or related documents to attention of the City of DeBary Public Works Department at least seven

(7) days before due date for Bids. Clarification of intent or meaning of the RFP, contract, related documents, or any provision thereof if necessary shall be made available to bidders in writing, in the form of an addendum, or by any other means in the City’s sole discretion. Failure to request clarification or interpretation of the RFP, contract, related documents, or any provision thereof shall not relieve bidders of their responsibilities to perform the work or from any provision of the RFP, contract, or related documents.

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SELECTION CRITERIA

The City of DeBary reserves the right to reject any or all proposals or parts of proposals related to this RFP.

The City of DeBary also retains the right of selecting separate contractors for any particular bid item.

If a proposal is selected, it will be the most advantageous regarding price, quality of service, the contractor’s qualifications and capabilities to provide the specified service, the contractor’s compliance with the requirements of this RFP, other factors described herein, and who in the judgment of the City will best serve the needs and interests of the City. The City is not obligated to make an award to the contractor with the lowest bid or price, and the City’s decision will be based on consideration of all relevant factors in the City’s sole discretion.

In evaluating and/or accepting a proposal(s), the City shall have the discretionary power to render decisions on: (i) the honesty, reputation, and integrity of a contractor necessary to a faithful performance of the contract;

(ii) a contractor’s skill and business judgment; (iii) a contractor’s facilities, labor force, and equipment for carrying out the contract properly and expeditiously; (iv) contractor’s previous conduct under other contracts with the City and contracts with any other parties that the contractor has provided work or services to; (v) the quality of the contractor’s previous work for the City and any other parties that the contractor has provided work or services to; (vi) contractor’s pecuniary ability and financial stability; (vii) the contractor’s previous and existing compliance with laws, ordinances and regulations; (viii) the contractor’s maintenance of a permanent place of business; (ix) the contractor’s appropriate successful contractual and technical experience in similar work; (x) proportional amount of the work the contractor intends to perform with its own organization as compared with the portion it intends to subcontract; (xi) the qualifications of subcontractors whom the contractor proposes to use; (xii) the proximity of the contractor’s labor force, equipment and business operation in relation to the City,

(xiii) the contractor’s ability to meet and/or maintain scheduling requirements, (xiv) the contractor’s quoted prices for services, and (xv) the contractor’s responsiveness to this Request for Proposals.

The above factors may be determined by the contractor’s past performance of services/work for supplied references and other parties contractor has performed services/work, information submitted as part of the proposal or in response to an inquiry by the City, and information otherwise known or discovered by the City, or any combination thereof. The City may conduct detailed examinations of the contractor, including of the contractor’s 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 failure of a contractor to supply information in connection with an inquiry in a timely manner, at the City's discretion, may be grounds for rejecting such contractor and its proposal.

The City shall have the discretion to waive any irregularity or informality in a contractor’s proposal.

III.

REFERENCES & QUALIFICATIONS

Provide at least (3) three or more professional, business references with which you have contracted to provide similar services in the past (5) five years. Include the name of the person, their organization and telephone number, fax number, and e-mail address. Include any governmental agencies, with the same contact and descriptive information for which you have provided similar service within the past (5) five years.

Provide a brief description of the history and capabilities of the firm. Describe the types of projects or services the firm performs/has performed and the dollar value of each. Provide information regarding your firm’s ability to complete this project. Demonstrate that the firm’s personnel have experience with similar projects.

Identify all unresolved and ongoing claims and disputes against your firm in excess of $500,000. Include any claims against the principals of your firm or any claims your company may have against a third party.

Provide a history of litigation, including the outcomes, for the past (5) five years.

The responding firm shall provide a statement of assurance that the firm is not presently in violations of any statutes or regulatory rules that might have an impact on the firms operations. All applicable laws and

City of DeBary 7 of 23 RFP 03-20 regulations of the State of Florida and ordinances and regulations of the City of DeBary will apply. Provide the overall bonding capacity for the company and provide a history of any claims against the bidder’s previous bonds for the past five years.

The City shall be the sole final judge of qualifications of bidder to perform service and reserves the exclusive right to accept or reject any bid proposals as it deems to be in the best interests of the City. The City reserves the right to make such investigation, as it deems necessary, to determine the ability of any proposer to perform the work or service requested.

IV.

CERTIFICATE OF INSURANCE

INSURANCE

Include in proposal an approved Certificate of Insurance furnished by the contractor’s carrier to guarantee the contractor is insured.

AWARD OF CONTRACT

Insurance and Bonds

1 Prior to commencement of its Work, the Subcontractor shall furnish to Contractor, 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 Subcontract and the policies and insurance company issuing same must be acceptable to Contractor. The Subcontractor 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.

1.1.3 Contractor, Owner, and all other parties required by the Contractor 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 Subcontractor. 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 Subcontractor 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 Contractor, Owner and all other parties required of the Contractor shall be included as additional insureds on the auto policy.

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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 Subcontractor.

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 Contractor 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 Subcontractor shall receive his pro-rata share in the event of a loss. However, the Contractor assumes no responsibility for any loss excluded from Builder's Risk Insurance, or for payment of any deductibles regardless of whether the Contractor or Owner paid for or provided the Builder's Risk Insurance. If the Owner or Contractor has not purchased insurance satisfactory to Subcontractor, Subcontractor 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 Subcontractor.

2 Certificates of Insurance acceptable to the Contractor shall be filed with the Contractor prior to commencement of the Subcontractor's Work. Attached to each Certificate of Insurance shall be a copy of the Additional Insured Endorsement that is part of the Subcontractor's Commercial General Liability Policy. Contractor's receipt of Subcontractor'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 an express condition precedent to Subcontractor's right to commence work and Subcontractor'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 Subcontractor's Work until date of final payment and termination of any coverage required to be maintained after final payment to the Subcontractor.

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 Contractor. 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 Subcontractor 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 Subcontract for any reason, it must immediately give written notice of the same to Contractor. Furthermore, if Subcontractor cancels, non-renews, or materially changes any of the policies required to be maintained by the Subcontract for any reason, it must give written notice to Contractor 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. Subcontractor'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 Subcontract.

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

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6 It is expressly agreed and understood by and between Subcontractor and Contractor 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 Contractor and that any other insurance carried by Contractor shall be excess of all other insurance carried by the Subcontractor and shall not contribute with the Subcontractor's insurance. Subcontractor further agrees to provide endorsements on its insurance policies that shall state the foregoing; however, Subcontractor's failure to provide such endorsement shall not affect Subcontractor's agreement hereunder.

7 Bonds are required as defined in Exhibit "A" of this Subcontract. If required, bonds must be for the total amount of this Subcontract. 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 Subcontract Amount.

Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety’s obligation under this Bond.

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V.

PERFORMANCE

BOND

If project costs equal or exceed $200,000 the Bidder shall, if awarded the contract, enter into a written Contract with the City of DeBary, Florida, and furnish a Contract Performance Bond in an amount equal to One-Hundred Percent (100%) of the bid for the performance of said Contract. Said Performance Bond shall be furnished within 10 consecutive calendar days after written notice being given of the award of the Contract.

STATE OF FLORIDA

COUNTY OF VOLUSIA

CITY OF DEBARY

BY THIS BOND, we, (Contractor)

And

(Surety), are held and firmly bound unto the City of DeBary, Florida, (hereinafter called “City”), in the sum of:

$ _____________________ , Lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presence:

THE CONDITION OF THIS BOND is that if Contractor:

1. Performs the Contract dated _______________ between Contractor and City for construction of

Project No. __________ , also known as ___________________________________________ the contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and

2. Promptly makes payments to all claimants, as defined in Section 255.051 (1), Florida Statutes; supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and

3. Pays City all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that City sustains because of a default by Contractor under the Contract; and

4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force; and

Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety’s obligation under this Bond.

IN WITNESS WHEREOF, the said

As Contractor herein has caused these presence to be signed in its name by its

Under its Corporate Seal, and the said

As Surety herein has caused these presence to be signed in its name by its

Under its Corporate Seal, This day of _________________ , 20 .

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VI.

CONTRACT FOR SIDEWALK REPAIR AND RECONSTRUCTION

This Contract for Sidewalk Repair and Reconstruction (the “Contract”) is entered into on this ________ day of ______, 2020 by and between the City of DeBary, a Florida municipal corporation whose address is 16 Colomba Road, DeBary, FL 32713 (the “CITY”) and ___________________, a Florida ____________whose address is _______________________________________ (the “CONTRACTOR”).

WHEREAS, the CITY procured Sidewalk Repair & Reconstruction Services pursuant to that certain Request for Proposals # 03-20 (hereinafter the “RFP”); and

WHEREAS, CITY selected CONTRACTOR to perform and CONTRACTOR desires to perform those services set forth in the RFP under the terms and conditions of this Contract.

NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, upon the terms and conditions hereinafter set forth, it is agreed by and between the parties hereto as follows:

ARTICLE 1 – SCOPE OF SERVICES & GENERAL TERMS

1.1 As an independent contractor, CONTRACTOR shall perform those services for CITY as described in the RFP, which is incorporated herein by this reference and made a part of this Contract. All such work shall be completed within 30 days of contract execution, unless the CITY grants an extension in its sole discretion.

1.2 The CITY shall have the right to perform reviews at any time of all designated areas for services listed within the RFP and/or this Contract. Further, the CITY shall have the right to conduct a cumulative review of the CONTRACTOR’s work at any time to assure sufficient quality of work.

1.3 The CITY shall have the right to determine the frequency, schedule, and times of CONTRACTOR’S services, which may be altered at any time during the duration of the Contract in the CITY’s discretion.

1.4 The CITY may, at any time and for any reason, direct the CONTRACTOR to suspend work (in whole or in part) under this Contract. Such direction shall be in writing, and shall specify the period during which services shall be stopped. The CONTRACTOR shall resume work under this Contract upon the date specified, or upon such other date as the CITY may thereafter specify in writing. The suspension or delay of work, whether caused or not caused by the actions or inactions of the CITY, shall not give rise to any claim by the CONTRACTOR against the CITY.

1.5 The City, without invalidating the Contract, may order extra work or make changes in the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract except that any extension of time caused thereby shall be adjusted at the time of ordering such change. All such changes shall be agreed to and recorded as a “Contract Change Order” or some other

City of DeBary 12 of 23 RFP 03-20 written form in the CITY’s discretion. The City Manager or designee shall have authority to make minor changes in work not involving extra cost and not inconsistent with the purpose of the work but otherwise, except in an emergency endangering life or property, no extra work or substantial change shall be made unless covered by a “Contract Change Order” or similar executed writing. No claim for an addition to the Contract sum shall be valid unless so provided in writing. Before becoming effective, all Change Orders and similar instruments must be signed by all parties indicated. If the CONTRACTOR claims that any changes in the work or any instructions by means of drawings or otherwise involve extra cost, he/she shall give the City Manager or designee written notice thereof within a reasonable time after receipt of such instructions or of notice of such changes and, in any event, before proceeding to carry out such instructions or to put such changes into effect, except in case of emergency endangering life or property. In all cases the CONTRACTOR shall keep a correct account of the extra cost in such form as the City Manager or designee may direct and shall present such account supported by receipts to the City Manager or designee. The CITY shall be entitled to reject any claim for extra cost concerning which the foregoing procedure is not followed.

1.6 The CITY reserves the right to contract with any person or firm other than the CONTRACTOR for any or all extra work. The CONTRACTOR’s attention is called to the fact that he/she/it shall be entitled to no claim for damages for anticipated profits on any portion of work or extra work for which the CITY may contract with another party.

1.7 In the event of a conflict between a term of this Contract and the RFP, this Contract shall control to the extent of the conflict.

1.8 The City Manager, the City Manager’s designee, and the Debary City Council shall have the authority to exercise any right or authority granted to the CITY under this Contract.

ARTICLE 2 –PRICE AND PAYMENT

2.1 The CITY shall pay the CONTRACTOR for services actually rendered based on the prices set forth in the CONTRACTOR’S proposal and/or any other price schedule agreed to by the parties (the “Price Schedule”). The CONTRACTOR will bill the CITY only for completed work, and only once a month.

2.2 Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed, approved, and paid by the appropriate department of the CITY on a monthly basis provided that services have been rendered satisfactorily and in conformity with this Contract. All invoices shall indicate the area(s) where the work was performed and any supporting documentation as the CITY may require in its discretion.

Deficiencies in the services performed, as determined by the CITY in its sole discretion, may result in the withholding of payment until such deficiencies are corrected to the CITY’s satisfaction.

2.3 If at any time there shall be evidence of any lien or claim for which the CITY might become liable and which is chargeable to the CONTRACTOR, the CITY shall have the right to retain out of any payment then due or thereafter to become due, an amount sufficient for complete indemnification against such lien or claim. In the event the CITY has already paid to the CONTRACTOR all sums due under this contract or the balance remaining unpaid is insufficient to protect the CITY, the CONTRACTOR and his Surety shall be liable to the City for any loss so sustained.

ARTICLE 3 - TERMINATION

3.1 In the event of a breach by either party of this Contract, the non-breaching party may terminate the Contract upon fifteen (15) days written notice and opportunity to cure to the other party, or such longer period as may be reasonably necessary given the nature of the breach.

3.2 In the event of termination by either party, the CITY shall forthwith pay the CONTRACTOR in full for all work previously authorized and actually performed to the CITY’s satisfaction prior to the notice

City of DeBary 13 of 23 RFP 03-20 of termination. This payment shall be the sole financial obligation or responsibility of the CITY for compensation hereunder in the event of termination by either party in accordance with the provisions of this article. Final payment may be made contingent upon the CONTRACTOR delivering to the CITY a complete release of all liens and documentation evidencing that all sums due third parties arising out of this Contract, including subcontractors, materials, and supplies, have been paid in full.

3.3 The obligations of the CITY under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Debary. Notwithstanding any other provision of the RFP or this Contract to the contrary, the CITY's performance of obligations under this Contract for each and every fiscal year beyond the fiscal year when this Contract is executed shall be subject to discretionary annual appropriation by the CITY’s City Council of funds therefore. When funds are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal period, this Contract shall be deemed terminated on the last day of the fiscal period for which appropriations were made, without further cost, penalty or obligation to the CITY.

ARTICLE 4 – PERSONNEL/EQUIPMENT

4.1 The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY.

4.2 All of the services required by this Contract shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under the state and local law to perform such services.

4.3 Personnel employed either directly or indirectly by the CONTRACTOR that are deemed to be incompetent, inept or unfit to perform the work for any reason in the opinion of the CITY shall be promptly removed from the work under this Contract. Failure of the CONTRACTOR to remove such personnel may result in the termination of this Contract by the CITY.

ARTICLE 5 - SUBCONTRACTING

5.1 The Contractor shall not subcontract this Contract or any part thereof or any interest therein without consent in writing of the City and the contractor’s Surety. The City reserves the right to accept the CONTRACTOR’s use of a subcontractor or to reject the selection of a particular subcontractor, and to review any subcontractor in order to make a determination as to the capability of the subcontractor to perform properly under this Contract.

5.2 If a subcontractor fails to perform, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the CITY.

ARTICLE 6 - FEDERAL AND STATE TAX

6.1 The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CONTRACTOR shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the CITY, nor shall the CONTRACTOR be authorized to use the CITY's Tax Exemption Number in securing such materials.

6.2 The CONTRACTOR shall be responsible for payment of its own FICA and Social Security benefits with respect to this Contract.

ARTICLE 7 – PROTECTION OF PROPERTY & CLEANUP

City of DeBary 14 of 23 RFP 03-20

7.1 The CONTRACTOR shall be responsible for ensuring that no work performed by the CONTRACTOR under this Contract or by any of its employees, agents, or subcontractors causes any damage to personal or real property, whether publicly or privately owned, in the vicinity of the work. The CONTRACTOR shall be responsible for repairing or causing to be repaired any and all such damage to personal or real property caused by work performed under this Contract.

7.2 The CONTRACTOR shall take, use, provide, and maintain all necessary precautions, safeguards, and protection to prevent accidents, or injury to persons or property on, about, or adjacent to the site of the work. Should the situation arise that physical security or structures are needed the CONTRACTOR will provide such at its expense. The CONTRACTOR shall post warning signs as necessary with respect to any hazards created by the work being done under this Contract.

7.3 The CONTRACTOR shall anticipate and educate itself regarding all underground obstructions such as water lines, gas lines, sewer lines, utility lines, and any other public or private facility, concrete, or debris. In all cases where existing utility lines or other facilities may be interfered with or impacted by the work, the CONTRACTOR shall provide notice to the owner(s) of such utilities/facilities and shall take measures to ensure that no unauthorized interference with the utilities/facilities occurs. The CITY shall not be responsible for extra payment related to the removal, replacement, repair or possible increased cost caused by underground obstructions. The location of existing structures and utilities provided in the plans are approximate only. Any damage to existing structures to remain or work of any kind, shall be repaired or restored promptly by and at the expense of the CONTRACTOR.

7.4 The CONTRACTOR shall at all times protect all trees, plants, curbs, sidewalks, irrigation components, and structures not requiring removal to accomplish the work, whether or not they are shown on the plans. The CONTRACTOR must contact the CITY to obtain tree removal permits for the removal of any tree.

7.5 In matters of restoration, all materials, construction and workmanship shall be subject to approval by the CITY. No changes in size, shape, configuration, location, materials or construction shall be made without prior written authorization from the CITY. Any demolition debris and other debris shall be hauled offsite and properly disposed of by the CONTRACTOR and shall reflect the prices as stated in the bid schedule, unless otherwise authorized by the CITY.

7.6 No interruption of ingress and/or egress to private property shall be made unless the CONTRACTOR has made prior arrangements acceptable to the owner of the affected property

7.7 The CONTRACTOR shall provide all traffic control devices utilized during construction and meet the requirements set forth in the Florida State Department of Transportation “Manual on Traffic Control and Safe Practices for Street and Highway Construction, Maintenance, and Utility Operations” and any other applicable regulation or law.

7.8 Upon completion or termination of the work the CONTRACTOR shall, as directed by the CITY, remove from the vicinity of the work all equipment and temporary structures, waste materials and rubbish resulting from his operations, leaving the premises in a neat and presentable condition. All debris generated by the CONTRACTOR will be removed before leaving the area. All areas will be raked to remove smaller debris. All surrounding sidewalks, parking lots and roadways will be cleared of any dust or debris generated by the CONTRACTOR. In the event of his/her failure to do so, the CITY at the expense of the CONTRACTOR may do the same, and his/her Surety shall be responsible therefore.

ARTICLE 8 – INSURANCE & PERFORMANCE BOND

Insurance and Bonds

1 Prior to commencement of its Work, the Subcontractor shall furnish to Contractor, policies of insurance and appropriate certificates evidencing that the below described insurance is in force and fully paid. All insurance policies and certificates

City of DeBary 15 of 23 RFP 03-20 provided for hereunder shall become a part of this Subcontract and the policies and insurance company issuing same must be acceptable to Contractor. The Subcontractor 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.

1.1.3 Contractor, Owner, and all other parties required by the Contractor 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 Subcontractor. 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 Subcontractor 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 Contractor, Owner and all other parties required of the Contractor 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 Subcontractor.

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 Contractor and/or Owner may pay for and/or maintain a Builder's Risk Insurance policy insuring the Work against damages

City of DeBary 16 of 23 RFP 03-20 and loss by fire, storm, theft, and other such causes from which the Subcontractor shall receive his pro-rata share in the event of a loss.

However, the Contractor assumes no responsibility for any loss excluded from Builder's Risk Insurance, or for payment of any deductibles regardless of whether the Contractor or Owner paid for or provided the Builder's Risk Insurance. If the Owner or Contractor has not purchased insurance satisfactory to Subcontractor, Subcontractor 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 Subcontractor.

2 Certificates of Insurance acceptable to the Contractor shall be filed with the Contractor prior to commencement of the Subcontractor's Work. Attached to each Certificate of Insurance shall be a copy of the Additional Insured Endorsement that is part of the Subcontractor's Commercial General Liability Policy. Contractor's receipt of Subcontractor'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 an express condition precedent to Subcontractor's right to commence work and Subcontractor'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 Subcontractor's Work until date of final payment and termination of any coverage required to be maintained after final payment to the Subcontractor.

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 Contractor. 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 Subcontractor 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 Subcontract for any reason, it must immediately give written notice of the same to Contractor. Furthermore, if Subcontractor cancels, non-renews, or materially changes any of the policies required to be maintained by the Subcontract for any reason, it must give written notice to Contractor 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.

Subcontractor'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 Subcontract.

5 Waiver of Subrogation. Subcontractor waives all rights against Contractor, Owner and Architect and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by Subcontractor'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 Subcontractor and Contractor 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 Contractor and that any other insurance carried by Contractor shall be excess of all other insurance carried by the Subcontractor and shall not contribute with the Subcontractor's insurance. Subcontractor further agrees to provide endorsements on its insurance policies that shall state the foregoing; however, Subcontractor's failure to provide such endorsement shall not affect Subcontractor's agreement hereunder.

7 Bonds are required as defined in Exhibit "A" of this Subcontract. If required, bonds must be for the total amount of this Subcontract. 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

City of DeBary 17 of 23 RFP 03-20 be accepted on the forms attached hereto and incorporated herein as Exhibit "F". The cost to supply the bonds is included in the Subcontract Amount.

ARTICLE 9 - INDEMNIFICATION

9.1 CONTRACTOR hereby indemnifies and holds the CITY and its elected and appointed officials, employees, 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 CONTRACTOR’s, its officers', employees', contractors’, subcontractors’, and agents' acts, omissions, negligence, misrepresentations or defaults related to this Contract and work performed hereunder. This Article shall survive termination or expiration of this Contract.

ARTICLE 10 – VENUE & LIQUIDATED DAMAGES

10.1 This Contract shall be governed by and interpreted in accordance with the laws of the State of Florida. Venue shall be in a court of proper jurisdiction in Orange County, Florida.

10.2 If the work embraced by this Contract is not completed on or before the date set for completion or any extension thereof, the actual damages for the delay will be impossible to determine and in lieu thereof, the CONTRACTOR shall pay to the CITY fixed, agreed and liquidated damages in the amount of Five- Hundred Dollars ($500) per day for each calendar day of delay until the work is satisfactorily completed, unless the CITY waives such in writing.

ARTICLE 11 – PUBLIC RECORDS

11.1 In accordance with Section 119.0701(2), Florida Statutes, CONTRACTOR shall:

(a)…