Project Manual City of Winter Springs Central Winds Park Shade Structures Bid # ITB 003/14/CW

Transcription

1 Project Manual City of Winter Springs Central Winds Park Shade Structures Bid # ITB 003/14/CW February 2014

2 INDEX TO PROJECT MANUAL City of Winter Springs Central Winds Park Shade Structures City Bid No. ITB 003/14/CW February 2014 DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT Advertisement for Bids Instructions to Bidders Bid Form Agreement Form Notice of Award Form Notice to Proceed Form Release of Lien Form Partial Release of Lien Form Application for Payment Form General Conditions Special Conditions 32 Appendix A Schematic Drawings and Scope of Work 33 2

3 SECTION ADVERTISEMENT FOR BIDS INVITATION TO BID Bid Proposals are hereby solicited by the City Of Winter Springs, Florida for: Central Winds Park Shade Structures Bid No. ITB 003/14/CW Sealed Bid Proposals must be received by March 20, 2014 at 2:00 P.M. at the City of Winter Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL The Bidding Documents may be downloaded in pdf format from the City s website at the following link: This project consists of the design, permitting, fabrication, and installation of eight (8) shade canopy structures at Central Winds Park in Winter Springs, Florida. A mandatory pre bid meeting will be held on March 5, 2014 at 10:00 AM at the City of Winter Springs, 1126 East S.R. 434, Winter Springs, FL Contractors must have a representative at the pre bid meeting to be eligible to bid the project. All questions regarding the bid should be directed to Brian Fields, P.E., City Engineer, at or by e mail to bfields@winterspringsfl.org. 3

4 SECTION INSTRUCTIONS TO BIDDERS 1. GENERAL 1.01 Project Identification Bid Proposals are requested for providing construction services for Central Winds Park Shade Structures for the City of Winter Springs, hereinafter called the OWNER, to be performed in compliance with the Contract Documents Bidding Documents A. Definition Bidding Documents consist of the Project Manual. B. Copies of Documents, including any Addenda issued prior to receipt of bids Bidding Documents may be obtained in compliance with the Advertisement for Bids. The bidding documents are only available in pdf format and can be downloaded at no cost from the City website. No partial sets of the Bidding Documents will be issued. Complete sets of Bidding Documents shall be used in preparing bids; the OWNER will not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. C. Questions Any Bidder who is in doubt as to the true meaning of any part of the Bidding Documents, or finds a discrepancy or omission therein, may submit to the City Engineer an e mail request to bfields@winterspringsfl.org for an interpretation or correction. Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes. D. Addenda Addenda will be e mailed to all plan holders who received a complete set of Bidding Documents from the OWNER and provided a valid e mail address. All Addenda issued during the time of bidding shall form a part of the Contract Documents, shall be covered in the Bid, and shall become a part of the Contract. Receipt of each Addendum shall be acknowledged in the Bid Form; failure to do so may subject the Bidder to disqualification. It shall be the Bidder s responsibility to ensure that they have received all Addenda prior to bid. The OWNER shall not be responsible for non receipt or untimely receipt of Addenda due to acts of the delivering agency or any other source Examination of Documents and Inspection of Site Before submitting a Bid, Bidders shall carefully examine the Bidding Documents and inspect the project site to fully inform themselves of all existing conditions and limitations. Each Bidder, by submitting his Bid, represents that he has so examined the Bidding Documents and inspected the site, that he 4

5 understands the provisions of the Bidding Documents and that he has familiarized himself with the local conditions under which the work is to be performed Bidding Procedure A. Form of Bid 1. Each Bid shall be submitted on the Bid Form included as one of the Bidding Documents. The Bidder is not permitted to make changes in the Bid Form provided. The Bidder shall fill in spaces on the Bid Form by typewriter or manually in ink. When a Bidder submits a Bid with spaces containing erasures or other changes, the person signing the Bid must initial changes, each erasure or change. 2. The Bidder must fill in all relevant blank spaces. Where so indicated by the makeup of the Bid Form, amounts shall be expressed in both words and figures, and in case of discrepancy between the two, the amount in words shall govern. In Unit Price type Bids, the Bidder must furnish a Unit Price for all items, regardless of the quantity. In case of discrepancy between the Unit Price and the Total Amount, the Unit Price shall govern. 3. No conditional Bids will be accepted. Alternate Bids will not be considered unless called for. Oral proposals or modifications will not be considered. 4. The Bid shall include the legal name of the Bidder and a statement whether the Bidder is a sole proprietor, a partnership, a corporation, or any other legal entity, and the Bid shall be signed by the person or persons legally authorized to bind the Bidder to a Contract. A Bid by a corporation shall further give the State of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current Power of Attorney attached certifying agent s authority to bind Bidder. B. Submission of Bids 1. The Bid, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. This envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name and the Bidder s name and address. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation Bid Enclosed on the face thereof. 2. Submit three (3) copies of the completed Bidding Documents. 3. Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Advertisement for Bids or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened to the person or firm submitting the Bid. 4. The Bidder shall assume full responsibility for timely delivery of his Bid to the designated location. C. Modification and Withdrawal 1. Bids may not be modified after submittal. 5

6 2. Bidders may withdraw Bids at any time prior to the Bid Opening time and date. Withdrawal requests shall be made in writing and must be received by the OWNER before the time and date stated or as addended for the Bid Opening. Properly withdrawn Bids will be returned unopened to the person or firm submitting the Bid. 3. A Bidder who withdraws his Bid may submit a new Bid in the same manner as specified herein under Submission of Bid. A Bid submitted in place of a withdrawn Bid shall be clearly marked as such on the outside of the envelope and on the Bid Form. 4. If a Contract is not awarded within 60 calendar days after opening of Bids, a Bidder may file a written request with the OWNER for the withdrawal of his Bid Consideration of Bids and Basis of Award A. Basis of Award 1. Except in cases where the OWNER exercises the right to reject all Bids, the Contract will be awarded by the OWNER, as soon as practicable after Opening of Bids, to the responsive, responsible Bidder who has submitted the lower individual or combination Bid. 2. The lowest Bid will be determined by comparison of the total amount of the bids as stated in writing on the Bid Form. B. Evaluation of Responsiveness 1. The responsiveness of Bidders will be judged on the basis of the completeness of the Bid submitted. To be responsive, a Bid must be submitted on the forms provided as part of the Bid Documents and shall include all items required by the Bid Form. 2. If, upon opening the Bid, any of the items required to be responsive are found to be missing or incomplete, the Bidder will be judged non responsive. 3. The Bidder must sign bid proposals with his signature in full. When a firm is a Bidder, one or more of the partners shall sign the bid proposals in the name of the firm. When a corporation is a Bidder, the officer signing shall set out the corporate name in full beneath which he shall sign his name, give title of his office, and affix the corporate seal. C. Evaluation of Responsibility 1. To be judged responsible, the Bidder shall meet the following standards: a. Upon request, Contractor must demonstrate that he has adequate financial resources for performance, the necessary experience (including experience in constructing a similar project), organization, technical qualifications, and facilities, or a firm commitment, arrangement, or ability to obtain such (including proposed subcontracts). b. Have a satisfactory record of integrity, judgment, and performance as a corporation (including its shareholders and officers), or as a sole proprietorship, including in particular, any prior performance upon contracts from the State and the OWNER. Any parties currently under litigation with the OWNER may be judged non responsible. 6

7 c. Have an adequate financial management system and audit procedure, which provides efficient and effective accountability and control of all property, funds, and assets. d. Upon request, submit evidence of experience on projects similar in character, size and value, which he 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 the project. e. Conform to the civil rights, equal employment opportunity and labor law requirements of the Bid Documents. f. Upon request, demonstrate his ability to perform the work within the Contract Time. This demonstration of ability may include but shall not be limited to the following items: (1) Performance of the Bidder (the Corporation or proprietorship as a whole) as a prime contractor on projects of similar size and type as this Contract within the past five years; provide names, addresses, phone numbers and contact persons for references; (2) A list of equipment and quantities currently owned or under lease to the Bidder and available for this work; (3) Evidence of proper licensing of the Bidder to perform the Contract work required. Proper licensing shall be as determined by the Florida Construction Industry Licensing Board; (4) A statement of the Bidder s organization, including resumes of key personnel, especially those personnel proposed for work for this Project; (5) A summary of the Bidder s experience, including current and past projects. (6) A current (within the last 12 months) audited financial statement prepared in accordance with generally accepted accounting procedures. The financial statement shall include, as a minimum, an income statement, a statement of changes and related footnotes, a balance sheet, and certification that the financial status has not materially changed since the audit. 2. Except as specified under the heading Evaluation of Responsiveness, if any information required by the Bidding Documents to be submitted with the Bid or subsequent to Bidding but prior to Award is not submitted as required, the Bid will be considered irregular. Failure to promptly correct the irregularity upon notification by the Owner may cause the Bidder to be judged non responsible and subject to disqualification Notice of Award Within ten (10) calendar days from the date stipulated in the Notice of Award notifying the contractor that its Bid has been accepted, the successful Bidder shall execute the Agreement. Failure to execute the Agreement within ten (10) calendar days from the date of the Notice of Award entitles the OWNER to consider all rights arising out of the OWNER's acceptance of the Bid as abandoned. The OWNER shall be entitled to such other rights as may be granted by law. 7

8 1.07 Bidder s Interest in More Than One Bid No person, firm, or corporation shall be allowed to make, file, or have an interest in more than one Bid for the same work, unless Alternates are called for. A person, firm, or corporation who has submitted a sub bid to a Bidder or who has quoted prices on materials to a Bidder is not hereby disqualified from submitting a sub bid or quoting prices to other Bidders Employment and Wage Requirements The Bidder s attention is directed to the conditions of employment to be observed and minimum wage rates to be paid under the Florida State Statutes Subcontracts Bidder s attention is invited to Florida State Statutes, Chapter , which describes the enforcement proceedings regarding the use of unlicensed professionals Certificates and Licenses Bidders must be qualified under Florida Law to perform the Contract work required and upon request must present a copy of the license(s) required to perform the work Florida Statutes, Section (3)(a) Public Entity Crimes Bidders must comply with Florida Statutes concerning Public Entity Crimes. END OF SECTION 8

9 SECTION l. GENERAL BID FORM 1.01 Description The following Bid is hereby made to the City of Winter Springs, hereafter called the OWNER. submitted by: Bid is Legal Name (indicate whether sole proprietorship, partnership, or corporation): Address: Contact Name: Contact Phone Number: Contact E Mail Address: 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual for Central Winds Park Shade Structures dated February Addenda: Number, dated. Number, dated. B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 60 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders 3. To enter into and execute a contract with the OWNER, if awarded on the basis of this Bid. 4. To accomplish the work in accordance with the contract documents. 5. To complete the work within 90 calendar days of date of the Notice to Proceed (Final Completion) 9

10 1.03 Stipulated Amount A. Base Bid I will provide the services under this project for a Total Base Bid Amount of: Dollars ($ ). The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. The OWNER, at his sole option and discretion, may choose to add or deduct from the contract work at the unit prices set forth below. The Bidder shall be paid for actual quantities completed in accordance with the Contract Documents. The following is the order of precedence which will be used in case of conflicts within the Bid Schedule provided by each Bidder: Unit Price, Total Price, Total Base Bid (See attached Bid Form) Bid Schedule A. Proposals (Bids) must be submitted in triplicate on the Bid Form B. I have attached a list of all subcontractors I will utilize for the Contract work 1.05 Submittal RESPECTFULLY SUBMITTED, signed and sealed this day of, Bidder By Title ATTEST: SEAL 10

11 Central Winds Park Shade Structures Bid Form Pay Item Description Unit Qty Unit Price Total 1 Mobilization LS Onsite investigation and verification of shade structure underground conditions LS 1 Preparation of design drawings and obtaining building permits for eight (8) shade structures LS 1 4 Furnish and Install 31'x12'x14' Flat Cantilever Shade Structure EA 8 5 Restoration and Site Cleanup LS 1 6 Building Permits Fee Allowance $1, $1, TOTAL BASE BID (SUM OF ITEMS 1 6): Pay Item Notes: General The Contractor s attention is called to the fact that the quotations for the various items of Work are intended to establish a total price for completing the Work in its entirety. Should the Contractor feel that the cost for any item of Work has not been established by the Bid Form or Payment Items, he shall include the cost for that Work in some other applicable bid item, so that his proposal for the Project does reflect his total price for completing the Work in its entirety. 1 Mobilization shall not be more than 5% of the total base bid 2 3 Prior to starting any design or fabrication, Contractor shall perform an onsite investigation of the underground conditions at each shade structure location. Contractor shall verify the existing foundation conditions and shall notify the City if there are any concerns about the ability to install the new shade structures as depicted in the schematic drawing. Work includes existing utility location, underground demolition and excavation, haul off of excess materials, and surface restoration to existing conditions. Contractor shall prepare all documentation and shall submit for building permits (8 total) from the City of Winter Springs. Documentation includes drawings, calculations, and any other supporting documents necessary to obtain permits for the shade structures and foundations, signed and sealed by a Florida licensed professional engineer. Pay item includes work necessary to provide satisfactiry revisions and responses to plan review comments. The fee for the building permits shall be reimbursed under pay item #6 Building Permits Allowance. This pay item may be invoiced after building permits have been issued. A total of eight building permits are required one for each shade structure Shade structures shall be in accordance with the design criteria provided in Appendix A of the Project Manual. All disturbed areas shall be restored to pre construction condition or better. This is an allowance bid item for the fee to obtain the eight (8) building permits from the City of Winter Springs Building Department. Contractor shall pay all building permit fees and use this allowance bid item to apply for reimbursement without markup. The amount of this allowance bid item will be adjusted by change order, if necessary, to match the actual amount of the building permit fees.

12 SECTION AGREEMENT FORM THIS AGREEMENT MADE THIS DAY OF, 2014 between the CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as OWNER) and, a corporation authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR), as follows: 1. DESCRIPTION OF WORK CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of Central Winds Park Shade Structures. 2. CONTRACT DOCUMENTS The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE In case of any inconsistency in any of the documents bearing on the Agreement between the OWNER and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Contractor's Bid (Proposal), Agreement, and Addenda b. Change Orders c. Special Conditions d. General Conditions e. Project Manual Any inconsistency in the work description shall be clarified by the OWNER and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the OWNER at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the OWNER s interpretation and agrees to carry out the work in accordance with the decision of the OWNER. When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the OWNER. A substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand name specified. The OWNER has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a specified brand name and allow the OWNER to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall substantially complete the work within 80 calendar days from the date of the Notice to Proceed. Final Completion shall be within 90 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 12

13 6. LIQUIDATED DAMAGES OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $ for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of. Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION; DEFAULT BY CONTRACTOR AND OWNER S REMEDIES The OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven (7) calendar days after written notice from the OWNER specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore; or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing the Work hereunder; or d. CONTRACTOR has committed any act of fraud upon the OWNER; or e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while performing its obligations under this Agreement; or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy OWNER may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the OWNER shall have the right to exercise any other remedy the OWNER may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, OWNER shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 13

14 9. FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to OWNER 's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. 10. SEVERABILITY In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the OWNER, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. PROGRESS PAYMENTS OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the OWNER or OWNER s Project Manager, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. Contractor does not make prompt and proper payments to subcontractors; c. Contractor does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which Contractor is responsible; e. Claims or liens are filed on the job; or f. In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 12. FINAL PAYMENT OWNER shall withhold up to 10% of the Contract Price until 50% completion. After 50% completion, OWNER shall reduce to 5% the amount of retainage withheld from each subsequent progress payment made to the Contractor. For purposes of this section, the term "50 percent completion" shall be the point at which the OWNER has expended 50% of the total cost of the construction services purchased as identified in the Agreement together with all costs associated with existing change orders and other additions or modifications to the Agreement. After 50% completion, the Contractor may present to the OWNER a payment request for up to one half of the retainage held by the OWNER. OWNER shall promptly make payment to the Contractor, unless OWNER has grounds for withholding the payment of retainage. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. 14

15 By making payments OWNER does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents: c. Outstanding claims of liens; or d. Failure of Contractor to comply with any special guarantees required by the Contract Documents. 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY The duties and authority of the OWNER are as follows: a. General Administration of Contract. The primary function of the OWNER is to provide the general administration of the contract. In performance of these duties, Brian Fields, P.E., or his authorized representative is the OWNER s Project Manager during the entire period of construction. The OWNER (CITY) may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and OWNER. e. Rejection and Stoppage of Work. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING OWNER S Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the OWNER, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the OWNER S Project Manager. 15

16 15. RESPONSIBILITIES OF CONTRACTOR CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 16. ASSIGNMENT CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior, written consent of the OWNER. a. If upon receiving written approval from OWNER, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to OWNER for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If OWNER determines that any subcontractor is not performing in accordance with this Agreement, OWNER shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide OWNER and its affiliates with insurance coverage as set forth by the OWNER. 17. THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OWNER and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 16

17 19. NO JOINT VENTURE Nothing herein shall be deemed to create a joint venture or principal agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the City, its officers, employees, and city attorneys (individually and in their official capacity, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. The indemnification provided above shall obligate the CONTRACTOR to defend at its own expense or to provide for such defense, at the option of the OWNER, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the OWNER or its officers, employees, and city attorneys which may be covered by this indemnification. In all events the OWNER and its officers, employees, and city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. 21. SAFETY CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR CONTRACTOR hereby represents and warrants to the OWNER the following: 23. Not Used a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the OWNER of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the OWNER prior to the execution of this Agreement. 24. INSURANCE During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work are performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. 17

18 b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers Compensation Insurance in at least such amounts as are required by law and Employer s Liability Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the OWNER pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be provided to the OWNER by CONTRACTOR upon the Effective Date of this Contract which satisfied the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the OWNER 30 days prior to any expiration date. There shall also be a 30 day advance written notification to the OWNER in the event of cancellation or modification of any stipulated insurance coverage. The OWNER shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in paragraph MEDIATION/VENUE The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 26. GOVERNING LAW & VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Seminole County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY S FEES Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney s fees, whether at settlement, trial or on appeal. 28. NOTICES Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. 29. WORK IS A PRIVATE UNDERTAKING With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the OWNER and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the OWNER. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent 18

19 contractor, between the OWNER, on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after the performance of the Work under this Agreement. 30. DOCUMENTS Public Records: It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR and its independent contractors and associates related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the OWNER or the CONTRACTOR. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the OWNER's City Manager. Upon request by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to the OWNER. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of examination and/or audit. The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any document produced by CONTRACTOR under this Agreement constitutes a Public Record; CONTRACTOR shall comply with the Florida Public Records Law. 31. SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY S right to sovereign immunity under Section , or other limitations imposed on the CITY S potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 32. HEADINGS Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES Waiver by either party of any terms, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING OWNER and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 19

20 36. NOTICE Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For CONTRACTOR: For OWNER: City of Winter Springs City Engineer, Public Works Department 1126 East State Road 434 Winter Springs, FL Either party may change the notice address by providing the other party written notice of the change. Signed, Sealed and Delivered in the presence of: CONTRACTOR: Witness Name Title Witness Business Address City, State Zip Date OWNER: CITY OF WINTER SPRINGS Witness By: Kevin L. Smith City Manager Witness 1126 East State Road 434 Winter Springs, FL

21 SECTION NOTICE OF AWARD FORM TO: PROJECT NAME: Central Winds Park Shade Structures The OWNER has considered the BID submitted by for the above described WORK in response to the Advertisement for Bids dated February 2014 and Instructions to Bidders. You are hereby notified that your BID has been accepted and the total amount of the contract award is. You are required by the Instructions to Bidders to execute the Agreement and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said certificate of insurance within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER s acceptance of your BID as abandoned. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of, OWNER: By: Title: Kevin L. Smith City Manager ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by day of, this the By Title END OF SECTION 21

22 SECTION NOTICE TO PROCEED TO: EFFECTIVE DATE OF THE NOTICE TO PROCEED: PROJECT: Central Winds Park Shade Structures You are hereby notified to commence WORK in accordance with the Agreement dated. In accordance with the Agreement, WORK shall commence within 10 days of the date of this Notice to Proceed and shall be complete within 90 consecutive calendar days from the effective date of this Notice To Proceed. The final completion of all WORK is therefore. By Name Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED IS HEREBY ACKNOWLEDGED by, 20. this day of By Title END OF SECTION 22

23 SECTION CONTRACTOR'S RELEASE OF LIEN Before me, the undersigned authority in said County and State, appeared who, being first duly sworn, deposes and says that he is of, a company and/or corporation authorized to do business under the laws of Florida, which is the Service Provider on a Project located in the City of, County of, Florida, with the City of, dated the day of, 20, that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said contract has been complied with in every particular by said Service Provider and that all parts of the work have been approved by the Owner; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said contract and work, and that there are no suits pending against the undersigned as Service Provider or anyone in connection with the work done and materials furnished or otherwise under said contract. Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of this affidavit constitutes all claims and demands against the Owner on account of said contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as a full and final release and discharge of the Owner from any further claims, demands or compensation by the Contractor under the above contract. Deponent further agrees that all guarantees under this contract shall and be in full force from the date of this release as spelled out in the Contract Documents. Sworn to and subscribed to before me this day of, 20. Notary Public My Commission Expires: We, the having heretofore executed a performance bond for the above named contractor covering project and section as described above in the sum of dollars ($ ), hereby agree that the Owner may make full payment of the final estimate, including the retained percentage, to said contractor. It is fully understood that the granting of the right to the Owner to make payment of the final estimate to said contractor and/or his assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth in the specifications, contract and bond pertaining to the above project. IN WITNESS WHEREOF, the has caused this instrument to be executed on its behalf by its and/or its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this day of, A.D. 20. Surety Company Attorney in Fact (Power of Attorney must be attached if executed by Attorney in Fact) 23

24 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this Acknowledged) who is personally known to me or has produced identification and who did (did not) take an oath. (DATE) by (Name of Person (Type of Identification) as Signature of Person Taking Acknowledgement Name (Typed, Printed, or Stamped) Title Serial No. (if any) IN WITNESS WHEREOF, I have hereunto set my hand and official seal at this day of, 20. END OF SECTION 24

25 SECTION FORM OF CONTRACTOR'S PARTIAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that the undersigned, in consideration of partial payment in the sum of $, receipt whereof is hereby acknowledged, and other valuable considerations and benefits to the undersigned accruing, do hereby waive, release and quit claim all liens, lien rights, claims or demands of every kind whatsoever which the undersigned now has, or may hereafter have, against that certain real estate and the improvements thereof, situated in County, Florida, and legally described as: on account of work and labor performed, and/or materials furnished in, to, or about the construction of any building or buildings situated thereon, or in improving said property above described, or any part thereof. It being the understanding of the undersigned that this is a Partial Waiver and Release of Lien which the undersigned has against the premises described herein, only to the extent of the payments specified and only for materials furnished or work done up until (but not releasing or waiving charges for changes, additions, or extras), the undersigned warrants that no assignment of said liens or claims, nor the right to perfect a lien against said real estate, by virtue of the accrual of said payment, has or will be made, and that the undersigned has the right to execute this Partial Waiver and Release, and that all laborers employed by the undersigned, and all bills for materials and supplies furnished by others to the undersigned in connection with the construction of improvements upon the aforesaid premises, to the extent of the payment herein referred to, have been fully paid. IN WITNESS WHEREOF, I/we have executed this instrument under seal this day of, 20. (SEAL) (SEAL) WITNESSES: END OF SECTION 25

26 SECTION APPLICATION FOR PAYMENT PAYMENT REQUEST NO. BID NO. ITB 003/14/CW FINANCE ACCOUNT NO. CONTRACTOR CONTRACT DATE APPLICATION DATE COMPLETION DATE FOR PERIOD ENDING STATEMENT OF WORK Original Contract Price $ Work to Date $ Net Change Order $ Amount Retained $ Current Contract Price $ Subtotal $ Work to be Done $ Previous Payment Approved $ Amount Due This Payment $ The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of work performed under the Contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Application for Payment under said contract, being Applications for Payment numbered 1 through _ inclusive; and, (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. DATED, 2014 (Name & Title) (Contractor) BY 26

27 COUNTY OF STATE OF FLORIDA Before me on this day of, 20, personally appeared, known to me, (or has produced as identification and who did [did not] take an oath) who, being duly sworn did depose and say that he is the of the Contractor above mentioned; that he executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. SEAL (Notary Public) My commission expires: Payment of the amount requested above is approved: by, City Engineer by, Public Works/Utility Director by, City Manager Date Date Date END OF SECTION

28 SECTION GENERAL CONDITIONS 1. SCOPE The scope of work includes furnishing all labor, equipment, tools, materials, and incidentals necessary to complete the work in accordance with the Contract Documents in a first class workmanlike manner, complete in all respects and ready for use. 2. PERMITS AND REGULATIONS The Contractor shall procure and pay for all permits, licenses, and bonds necessary for the prosecution of the Work, and/or required by municipal, State and federal regulations, laws and procedures, unless specifically provided otherwise in the Contract Documents. The Owner shall provide all required easements. The Contractor shall give all notices, pay all fees, and comply with all federal, state and municipal laws, ordinances, rules and regulations and building and construction codes bearing on the conduct of the Work. This Contract, as to all matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all pertinent ordinances, codes and normal regulatory procedures of the municipality or other political subdivision within whose limits the Work is constructed, which ordinances, codes and procedures are hereby made a part hereof with the same force and effect as if specifically set out herein. It is the Contractor s responsibility to apply to the local jurisdiction for any Building Permit or Permit that may be required. 3. INSURANCE AND HOLD HARMLESS INDEMNIFICATION (see SECTION 00500) Hold Harmless Agreement To the fullest extent permitted by laws and regulations, Contractor shall indemnify and hold harmless Owner and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expenses (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Service Provider, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against Owner or any of their consultants, agents or employees by any employee of Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Subcontractor or other person or organization under workers or workmen s compensation acts, disability benefit acts or other employee benefit acts. Contractor's Liability Insurance The Contractor shall not commence any work under this Contract until he 28

29 has obtained all insurance required under the Agreement. Contractor shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The insurance required shall include the specific coverages and be written for not less than the limits of liability and coverages provided or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. The comprehensive general liability insurance shall also include Contractual Liability Insurance applicable to Contractor's obligations under the Hold Harmless Indemnification. All of the policies of insurance so required to be purchased and maintained (or the certificates or their evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to Owner by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective work in accordance with the Contract Documents. Contractor's General Liability Insurance shall include the Owner, and Owner's consultants as insured or additional insured which may be accomplished by either an endorsement of Contractor's Comprehensive General Liability policy or by Contractor's carrier issuing a separate protection liability policy. 4. SALES TAX The Contractor shall include in his bid, and shall pay, all Florida State sales tax and other local, State, and Federal taxes in accordance with existing laws and regulations. 5. LAYOUT OF WORK The Contractor shall perform and be responsible for all layout work in connection with the project. The City will provide benchmarks as necessary in the project area. 6. CHANGES IN THE WORK The Owner may, at any time, or from time to time, without invalidating the Agreement order alterations, deletions or revisions in the Work by written Change Order or Field Order. Upon receipt of any such order, Contractor shall promptly proceed with the Work involved, which shall be performed under the applicable conditions of the Contract Documents. Any deviations from these specifications, plans and contract documents, must be approved by the Owner in advance of the construction either by a written and executed Change Order or a written Field Order. The Contractor agrees that he will do such work as may be required for the proper execution of the whole work herein contemplated, including all labor, equipment and materials reasonably necessary for the proper completion of the work. The Contractor agrees that he will make no claim for extra work unless that material or work is not covered by, or properly inferable from the Contract Documents. If the Contractor makes a claim for an extra or additional cost and requests a Change Order be issued prior to performing the work, and the Owner renders a decision denying such request, the Contractor must notify the Owner in writing within 3 days of the time that the Contractor is informed of the Owner's decision. Otherwise the Owner will not consider any such difference as a claim for a Change Order or additional payment or time. Any such written notice received by the Owner from the Contractor within the 3 day period shall be just reason for the Owner to re evaluate his previous decision. 29

30 7. DEFINITION AND COORDINATION OF CONTRACT DOCUMENTS The Advertisement for Bids, Proposal and Agreement, General Conditions, Special Conditions, and addenda, any change orders, the drawings and specifications, and any supplementary documents are essential parts of this contract, and together constitute the Contract Documents. Any item shown on the drawings shall be considered as included in the specifications, whether specifically mentioned therein or not, and vice versa. Any errors or omissions as to standards or work in the drawings and specifications shall in no way relieve the Contractor of the obligation to furnish a first class job in accordance with the best standard practice and in accordance with the intent of the Contract Documents. A. In case of conflict, the precedence of the Contract Documents shall be as follows: 1. Contractor's Bid (Proposal), Agreement and Addenda 2. Change Orders 3. Special Conditions 4. General Conditions 5. Project Manual An addendum issued prior to bid may modify any of the contract documents in existence at that time. The addendum takes precedence over the previous issue of the contract document being modified. 8. PAYMENTS The Owner will make partial payments on a monthly basis to the Contractor based on pay estimates, which have been approved by the Owner. The Contractor shall submit at least three (3) copies of his estimate, with reasonable time allowed to make a field inspection, check, and process the estimate. Final Payment, including the retainage, will be made upon the completion of the work and certification by the Owner, and regulatory agencies and acceptance by the Owner that all of the work has been completed in accordance with the approved plans, specifications, and other Contract Documents, will be made to the Contractor. The Owner shall make final Payment not later than 30 days after final acceptance of the work. Prior to final payment, the Contractor shall transfer to the Owner all applicable items accumulated throughout construction. These include but are not limited to the following items: Waivers of lien, releases and other items Owner may require in evidence of full payment to all subcontractors, suppliers and material men. Progress payments may be withheld if: 1. Work is found defective and not remedied; 2. Contractor does not make prompt and proper payments to subcontractors; 3. Contractor does not make prompt and proper payments for labor, materials, or equipment furnished; 4. Another Contractor is damaged by an act for which Contractor is responsible 5. Claims or liens are filed on the job; or 6. In the opinion of the City of Winter Springs, Contractor s work is not progressing satisfactorily. 9. PAYMENTS WITHHELD The Owner will disburse, and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to Section 00700, paragraph 14, to the party or parties who are entitled to payment therefrom. The Owner will render to the Contractor a proper accounting of all such funds disbursed on behalf of the Contract. Neither the final payment nor any part of the retained percentage shall 30

31 become due until the Contractor, if required, shall deliver to the Owner his written one year guarantee on the work and a complete release of liens arising out of this Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as he has knowledge or information, the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to sign a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify himself against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney s fee. 10. OWNER S RIGHT TO TERMINATE THE CONTRACT (see SECTION 00500, Paragraph 8) 11. GENERAL GUARANTEE All work to be performed under this Contract shall be constructed in compliance with the Contract Documents. END OF SECTION 31

32 SECTION SPECIAL CONDITIONS 1. Existing Utilities In areas of construction, all existing utilities, public or private, shall be located by the contractor, and owners of said utilities shall be notified prior to commencing work. Contractor shall immediately notify the City of any existing utilities that may interfere with completing the work. 2. Shop Drawings Shop drawings for all construction materials shall be submitted to and approved by the City. 3. Property Restoration All property affected by the construction work shall be restored to a condition equal to or better than the pre construction condition, including sodding, landscaping, irrigation systems, driveways, sidewalks, etc.. The cost for all restoration work shall be incidental to other construction and no extra compensation will be allowed. 4. Testing Contractor is not responsible for any construction testing. All testing will be performed by the City. 5. Construction Staging Area The location of all construction staging areas shall be coordinated with the City. A nearby construction staging area will be made available to the contractor for the duration of the contract period. 6. Unsuitable Materials If encountered, unsuitable materials shall be removed from construction areas and backfilled with suitable materials. Unsuitable materials shall be hauled off the site at no additional expense to the City. 7. Excess Materials All excess excavation and construction materials are the responsibility of the contractor. 8. Central Winds Park to Remain Open The Contractor is advised that Central Winds Park, including the ball fields where the shade structures are being replaced, will remain open during the construction period. Contractor shall work directly with City Parks Staff to coordinate construction activities with the ongoing park activities. Contractor shall ensure that all work areas are cleaned up and secured when not under active construction. When construction is active, Contractor shall provide all necessary barricades and other materials to safely isolate the construction activities from all other park activities. 9. Demolition The City will perform all required above ground demolition, including the removal and haul off of the existing shade structures. Contractor shall perform all below ground excavation and removal (as needed) of existing foundations and other excess below ground materials. 32

33 Appendix A Schematic Drawings and Scope of Work 33

34 Scope of Services 1. Contractor shall design, permit, fabricate, and install a total of eight (8) shade structures, based on the following design criteria and as depicted in the enclosed schematic drawing: a. Eight (8) 31'x12'x14' Flat Cantilever Shade Structures, each having three (3) surface mounted Columns and Beams 2. Contractor is responsible for the complete design layout, permitting application and approval process, fabrication, delivery and offloading, security and storage on site and complete installation of the shade structures. 3. Surface mounted Steel columns shall be mounted onto new concrete footings per engineered drawings. 4. Contractor shall prepare all documentation and submit the applications for building permits from the City of Winter Springs. Each shade structure will require a separate building permit. Documentation includes signed and sealed engineered drawings, internal park locations clearly indicated by each of the eight (8) structures and any other supporting documents necessary to obtain building permits for the shade structures. 5. The design drawings for the shade structures shall comply with all applicable sections of the Florida Building Code, 2010 edition. The shade structures shall be designed for a 75 mph wind loading with the shade canopies in place, per the Florida Building Code. The shade structure poles shall be designed as permanent structures with a wind loading of 130 mph with the canopies removed. 6. Prior to starting any design or fabrication, Contractor shall perform an investigation of the underground conditions at each shade structure location. City shall provide any available site plans to depict as built infrastructure. Contractor, with city approval, shall locate column placements for each shade structure while notifying the City if there are any concerns about the ability to install the new shade structures as depicted in the schematic drawing. Contractor is responsible for saw cutting of concrete, removal of spoils, trash, and any excess materials, and must restore surface areas to stable and safe conditions. City will inspect the surface restoration work to ensure acceptable quality, appearance, and safety. 7. The City will perform all required above ground demolition, including the removal and haul off of the existing shade structures. City will designate the work area locations adjacent for staging of materials and machinery, if needed. City will also designate pathway for vehicular traffic, trailers and rental equipment. Concrete must be pumped to areas or hand mixed at work location.

35 8. Specifications for all materials used to include but not limited to Fabric, Thread, Steel Tubing, Powder Coating & Primer coating steel, Welding, Sewing, Installation Hardware, shall meet or exceed the enclosed Shade Structure Material Specifications by Superior Shade, or an approved equal. 9. All steel components shall have a 10 year warranty against structural failure. All workmanship shall have a minimum 1 year performance warranty. Shade Fabric material shall have a 10 year manufacturer s warranty. 10. Construction dumpsters are not on site and must be supplied by the Contractor. The Contractor shall contact and use only Waste Pro, as required by the City s solid waste franchise agreement. 11. All surface concrete directly or indirectly disturbed by the contractor or said representatives, including suppliers, shall be fully restored by Contractor and approved by city for appearance and safety of users. 12. All structural fasteners must be stainless steel and shade structures must be designed with a tensioning system for easy installation and removal. 13. Contractor, once awarded the project, shall supply a construction schedule for delivery of materials, start of construction, duration, inspection dates, estimated completion date for project, and final walkthrough date.

36 SHADE STRUCTURE MATERIAL SPECIFICATIONS Rev. 10/8/2012 I. FABRIC SPECIFICATIONS A. UV shade fabric is made of UV stabilized cloth manufactured by ALNET, or approved equal. B. The high density polyethylene material shall be manufactured with tensioned fabric structures in mind. C. The fabric knit is to be made using monofilament and tape filler which has a weight of 9.38 to oz. sq. yd. Material to be Rachel-knitted to ensure material will not unravel if cut. D. Burst strength of 828 lbf (ASTM 3786). E. Cloth meets fire resistance tests as follows: Alnet Extra Block: California State Fire Marshall Reg. #F Others: NFPA (Test Method 2) ASTM E-84 F. Fabric Properties: STRETCH STENTORED Tear Tests (lbs/ft) WARP 44.8 WEFT 44 Burst Tests (lbs ft) 828 Fabric Weight (oz/sqft) avg 1.02 to 1.07 Fabric Width 9-10 Roll Length 150 Roll Size 63 x 16.5 Weight 120 lbs. Life Expectancy 10 years Fading Note Minimum fading after 6 years. 3 years for Red and Yellow. Temperature - 77 degrees Maximum Temperature +167 degrees 1

37 II. THREAD A. Shall be 100% expanded PTFE fiber which carries a 10 year warranty that is high strength and low shrinkage. B. Shall have a wide temperature and humidity range. C. Abrasion resistant and UV radiation immunity. D. Shall be unaffected by non-hydrocarbon based cleaning agents, acid rain, mildew, rot, chlorine, saltwater, and pollution. E. Lockstitch thread 1200 Denier or equal. F. Chain stitch thread 2400 Denier or equal. III. STEEL TUBING A. All fabricated steel must be in accordance with approved shop drawings and calculations. B. All steel is cleaned, degreased or etched to ensure proper adhesion of powder-coat in accordance with manufacturer s specifications. C. All Steel used on this project needs to be new and accompanied by the mill certificates if requested. Structural steel tubing up to 5-7 Gage shall be galvanized per Allied Steel FLO-COAT specifications. Schedule 40 black pipe fabrications shall be sandblasted and primed as described below. D. All non-hollow structural shapes comply with ASTM A-36, unless otherwise noted. E. All hollow structural steel shapes shall be cold formed HSS ASTM A-53 grade C, unless otherwise noted. F. Plate products shall comply with ASTM A-36. IV. POWDER COATING & PRIMING A. All non-galvanized steel shall be sandblasted and primed prior to powder coating using brown fused aluminum oxide grit and the following primer. B. All non-galvanized steel must be coated with rust inhibiting primer prior to applying the powder coat. Primer shall be Marine Grade Cardinal Industrial Finishes Corp. E396 GR1372 epoxy powder coating semi-gloss smooth zinc rich primer. 2

38 C. Welds shall be primed with rust inhibiting primer prior to applying the powder coat. Primer shall be Marine Grade Cardinal Industrial Finishes Corp E396-GR1372 epoxy powder coating semi-gloss smooth zinc rich primer. D. All steel parts shall be coated for rust protection and finished with a minimum 3.5 mil thick UV-inhibited weather resistant powder coating. E. Characteristics: Powder used in the powder-coat process shall have the following characteristics: N.3.1 Specific gravity 1.68+/-0.05 N.3.2 Theoretical coverage 114+/- 4 ft 2/lb/mil N.3.3 Mass loss during cure < 1% N.3.4 Maximum storage temperature 75 degrees F F. Powder-coating shall meet the following tests: ASTM Gloss at 60 degree HOI TM PCI Powder smoothness 7 ASTM D Over-bake resistance time 200% ASTM D A Pencil hardness H-2H ASTM D Dir/Rev Impact, Gardner 140/140 in/lbs ASTM D B Adhesion, cross hatch 5B Pass ASTM D522-93A Flexibility Mandrel ¼ dia. No fracture ASTM B Salt Spray 1,000 hours UL DtOV2 Organic coating steel enclosures, elect eq. Recognized G. Application Criteria: N.5.1 Electrostatic spray cold Substrate:0.032 in. CRS N.5.2 Cure Schedule 10 minutes at 400 degrees F N.5.3 Pretreatment Bonderite 1000 N.5.4 Film Thickness 3.5 Mils V. WELDING A. All shop welds shall be executed in accordance with the latest edition of the American Welding Society Specifications. B. Welding procedures shall comply in accordance with the AWS D1.1-AWS Structural Welding Code-Steel. 3

39 C. All welds to be performed by a certified welder. All welds shall be continuous where length is not given, unless otherwise shown or noted on drawings. D. All welds shall develop the full strength of the weaker member. All welds shall be made using E70xx.035 wire. E. Shop connections shall be welded unless noted otherwise. Field connections shall be indicated on the drawings. Field welded connections are not acceptable. F. All fillet welds shall be a minimum of ¼ unless otherwise noted. G. All steel shall be welded shut at terminations to prevent internal leakage. H. Internal weld sleeving is not acceptable. I. On-site welding of any component is not acceptable. VI. SEWING A. On-site sewing of a fabric will not be accepted. B. All corners shall be reinforced with extra non-tear cloth and strap to distribute the load. C. The perimeters that contain the cables shall be double lock stitched. VII. INSTALLATION HARDWARE A. Bolt and fastening hardware shall be determined based on calculated engineering loads. B. All bolts shall comply with SAE-J429 (Grade 8) or ASTM A325 (Grade BD). All nuts shall comply with ASTM F-594, alloy Group 1 or 2. C. Upon request, Stainless Steel hardware shall comply with ASTM A-304. D. 1/4 galvanized wire rope shall be 7x19 strand with a breaking strength of 7,000 lbs. for shades generally under 575 sq. ft. unless requested larger by the customer. For shades over 575 sq. ft., cable shall be 5/16 with a breaking strength of 9,800 lbs. Upon request, 1/4 Stainless Steel wire rope shall be 7x19 strand with a breaking strength of 6,400 lbs. 5/16 Stainless Steel wire rope shall be 7/19 strand with a breaking strength of 9,000 lbs. E. All fittings required for proper securing of the cable are hot dipped galvanized. 4

40 VIII. CONCRETE A. Concrete work shall be executed in accordance with the latest edition of American Concrete Building Code ACI 318 unless specified by the governing municipality. B. Concrete specifications shall comply in accordance with, and detailed as per plans as follows: Days Strength F c = 2500 psi 2. Aggregate: HR 3. Slump: Portland Cement shall conform to C Aggregate shall conform to ASTM C-33 C. All reinforcement shall conform to ASTM A-615 grade 60. D. Reinforcing steel shall be detailed, fabricated and placed in accordance with the latest ACI Detailing Manual and manual of Standard Practice E. Whenever daily ambient temperatures are below 80 degrees Fahrenheit, the contractor may have mix accelerators and hot water added at the batch plant (See Table 1). F. The contractor shall not pour any concrete when daily ambient temperature is below 55 degrees Fahrenheit. Temperature Range % Accelerator Type Accelerator degrees 1% High Early (non calcium) degrees 2% High Early (non calcium) Below 70 degrees 3% High Early (non calcium) IX. FOOTINGS A. All anchor bolts set in new concrete shall be ASTM A-307, or ASTM F-1554 if specified by engineer. B. All anchor bolts shall be zinc plated unless specified otherwise. C. Footing shall be placed in accordance with and conform to engineered specifications and drawings. 5

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43 AVE ON L RA S T N D CE WINDR DR N HONORS W A O Y C ST IT U O TI N TRADITION LN FR EEDO MS RI NG SL N S PR TO N Y KW 1104 WAY PA RK ST HERITAGE ING COLONEL MITCHELL TER N LN DE LP WA HIA Y S PR SP IND 434 TION W AY T ON LW 1100 E SR 434 ILA CL IF RA NT CE Charter School PH CLI F COLONEL MITCHELL TER E HICKS AV CONSTI TU CL Y D Central Winds Park Central Winds Park 1000 TRAD ITIO EP Project Location E SR ING S DL LN N GE LP Y KW ORA N L OW AVE BIG E GE 1136 SP IND ORA N 1120 LW Central Winds Park RA NT CE Location Map 955 E SR HE PA RI RK TAG ST E 130 Tusk awil la R d Winter Springs High School Tus0k-A awil la Rd ,000 Feet 4