Landscape Lighting Proposal 
Licensed and Insured 
(407) 413-0442 
TPGLighting@gmail.com 
www.TPGLighting.com 
Client: 
Windward CDD 
2112 Antilles Club Dr 
Kissimmee, FL 34747

Installation Map

Project Renderings

Proposed Fixtures 
Brass Up Light

Proposed Fixtures 
Brass Spread Light

Proposed Fixtures 
Small Brass Wash Light

Proposed Fixtures 
Brass Wash Light

REQUEST FOR QUALIFICATIONS (“RFQ”) FOR ENGINEERING SERVICES FOR 
WINDWARD COMMUNITY DEVELOPMENT DISTRICT 

 

Windward Community Development District (“District”), located in Osceola County, Florida, announces 
that professional engineering services will be required on a continuing basis for the District. The 
engineering firm selected will act in the general capacity of District Engineer and, if so authorized, may 
provide general engineering services as well as engineering services on an ongoing basis and for the design 
and construction administration associated with the District’s capital improvement plan. The District may 
select one or more engineering firms to provide engineering services on an ongoing basis. 

 

Any firm or individual (“Applicant”) desiring to provide professional services to the District must: 1) hold 
applicable federal, state and local licenses; 2) be authorized to do business in Florida in accordance with 
Florida law; and 3) furnish a statement (“Qualification Statement”) of its qualifications and past 
experience on U.S. General Service Administration’s “Architect-Engineer Qualifications, Standard Form 
No. 330,” with pertinent supporting data. Among other things, Applicants must submit information relating 
to: a) the ability and adequacy of the Applicant’s professional personnel; b) whether the Applicant is a 
certified minority business enterprise; c) the Applicant’s willingness to meet time and budget requirements; 
d) the Applicant’s past experience and performance, including but not limited to past experience as a 
District Engineer for any community development districts and past experience in Osceola County; e) the 
geographic location of the Applicant’s headquarters and offices; f) the current and projected workloads of 
the Applicant; and g) the volume of work previously awarded to the Applicant by the District. Further, 
each Applicant must identify the specific individual affiliated with the Applicant who would be handling 
District meetings, construction services, and other engineering tasks. 

 

The District will review all Applicants and will comply with Florida law, including the Consultant’s 
Competitive Negotiations Act, Chapter 287, Florida Statutes (“CCNA”). All Applicants must submit one 
(1) electronic copy and one (1) physical copy of Standard Form No. 330 and Qualification Statement by 
5:00 p.m. on Tuesday, January 13, 2026, and to the attention of Governmental Management Services – 
Central Florida LLC, c/o Jason Showe/Brittany Brookes, 219 E. Livingston Street, Orlando, Florida 32801; 
Ph: (407) 841-5524 (“District Manager’s Office”). 

 

The Board of Supervisors shall select and rank the Applicants using the requirements set forth in the CCNA 
and the evaluation criteria on file with the District Manager’s Office, and the highest ranked Applicant will 
be requested to enter into contract negotiations. If an agreement cannot be reached between the District 
and the highest ranked Applicant, negotiations will cease and begin with the next highest ranked Applicant, 
and if these negotiations are unsuccessful, will continue to the third highest ranked Applicant. The District 
reserves the right to reject any and all Qualification Statements. Additionally, there is no express or implied 
obligation for the District to reimburse Applicants for any expenses associated with the preparation and 
submittal of the Qualification Statements in response to this request. 

 

Any protest regarding the terms of this Notice, or the evaluation criteria on file with the District Manager’s 
Office, must be filed in writing with the District Manager’s Office, within seventy-two (72) hours after the 
publication of this Notice. The formal protest setting forth with particularity the facts and law upon which 
the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. 
Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a 
waiver of any right to object or protest with respect to aforesaid Notice or evaluation criteria provisions. 
Any person who files a notice of protest shall provide to the District, simultaneous with the filing of the 
notice, a protest bond with a responsible surety to be approved by the District and in the amount of Ten 
Thousand Dollars ($10,000.00). 

Any and all questions relative to this RFQ shall be directed in writing by e-mail only to the District Manager, 
Jason Showe at jshowe@gmscfl.com. 


WINDWARD COMMUNITY DEVELOPMENT DISTRICT 

DISTRICT ENGINEER REQUEST FOR QUALIFICATIONS 

 

COMPETITIVE SELECTION CRITERIA 

 

1) Ability and Adequacy of Professional Personnel (Weight: 25 Points) 


 

Consider the capabilities and experience of key personnel within the firm including certification, 
training, and education; affiliations and memberships with professional organizations; etc. 

 

2) Consultant’s Past Performance (Weight: 25 Points) 


 

Past performance for other Community Development Districts in other contracts; amount of experience 
on similar projects; character, integrity, reputation of respondent; etc. 

 

3) Geographic Location (Weight: 20 Points) 


 

Consider the geographic location of the firm’s headquarters, offices and personnel in relation to the 
project. 

 

4) Willingness to Meet Time and Budget Requirements (Weight: 15 Points) 


 

Consider the consultant’s ability and desire to meet time and budget requirements including rates, 
staffing levels and past performance on previous projects; etc. 

 

5) Certified Minority Business Enterprise (Weight: 5 Points) 


 

Consider whether the firm is a Certified Minority Business Enterprise. Award either all eligible 
points or none. 

 

6) Recent, Current and Projected Workloads (Weight: 5 Points) 


 

Consider the recent, current and projected workloads of the firm. 

 

7) Volume of Work Previously Awarded to Consultant by District (Weight: 5 Points) 


 

 Consider the desire to diversify the firms that receive work from the District; etc. 


AGREEMENT FOR SIDEWALK REPAIR SERVICES 

(Windward Community Development District) 

 

 THIS AGREEMENT FOR SIDEWALK REPAIR SERVICES (the “Agreement”), 
effective as of the ____ day of October, 2025 (the “Effective Date”), between the WINDWARD 
COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government 
created under Chapter 190, Florida Statutes, whose mailing address is c/o Governmental 
Management Services – Central Florida, LLC, whose mailing address is 219 E. Livingston 
Street, Orlando, Florida 32801 (the “District”), and ALPHA FOUNDATION SPECIALISTS, 
LLC, a Delaware limited liability company, whose principal address is 1741 Corporate Landing 
Parkway, Virginia Beach, Virginia 23454 (the “Contractor”). 

 
W I T N E S S E T H: 


 Subject to and upon the terms and conditions of this Agreement and in consideration of 
the mutual promises set forth herein and other good and valuable consideration, the sufficiency 
of which is hereby acknowledged, the District and Contractor agree as follows: 

 

1. DEFINITIONS. 

 

 (a) Agreement. The Agreement consists of: (i) this Agreement; (ii) the District’s site 
inspection report, dated August 13, 2025, attached hereto as Exhibit “A” (the “Report”); (ii) the 
Contractor’s proposal, dated October 8, 2025, attached hereto as Exhibit “B” (the “Proposal”) to 
the extent specified herein. The Agreement represents the entire and integrated Agreement 
between the parties hereto and supersedes all prior negotiations, representation, or agreements, 
either written or oral. The Agreement may be amended or modified only as set forth below in 
Paragraph 14. In the event of any conflict between the terms herein and term(s) in the Proposal, 
the terms herein shall prevail. 

 

 (b) Services/Work. The term “Services” as used in this Agreement shall be construed 
to include the activities and services set forth in the Proposal, including for the areas specified in 
the Report, and all obligations of Contractor under this Agreement, including any addenda or 
special conditions. All Services provided by the Contractor, including future additional services 
approved by the District, shall be subject to the terms herein. 

 

2. SCOPE OF SERVICES. 

 

 (a) A description of the nature, scope, location and schedule of the Services to be 
performed by the Contractor under this Agreement shall be as described in the Proposal and 
Report. 

 

3. COMMENCEMENT OF SERVICES AND TERM. Contractor shall commence 
the Services on the Effective Date and continue until completion. This Paragraph is subject to 
the termination option described in Paragraph 16 herein. 

 

 


4. DISTRICT MANAGER. 

 

(a) The District’s authorized representative (herein referred to as the “District 


Manager”) shall be the District Manager of the District, which is Governmental Management 
Services – Central Florida, LLC, whose mailing address is 219 E. Livingston Street, Orlando, 
Florida 32801, Attention: Jason M. Showe; provided, however, that the District may, without 
liability to the Contractor, unilaterally amend this Paragraph from time to time by designating a 
different person or organization to act as its representative and so advising the Contractor in 
writing, at which time the person or organization so designated shall be the District’s 
representative for the purpose of this Agreement. 

 

 (b) All actions to be taken by, all approvals, notices, consent, directions and 
instruction to be given by, all notices and other matters to be delivered to, all determinations and 
decisions to be made by and, in general, all other action to be taken by, or given to, the District 
shall be taken, given, and made by, or delivered or given to the District Manager in the name of 
and on behalf of the District, provided, however, that the District (and not the District Manager 
or any other agents of the District) shall be solely obligated to the Contractor for all sums 
required to be paid by the District to the Contractor hereunder. 

 

5. COMPENSATION, PAYMENTS AND INSPECTION RIGHTS PRIOR TO 
FINAL PAYMENT. 

 

(a) The District agrees to pay Contractor a total of $45,645.91 for the Services. The 
District will pay the Contractor an initial deposit of $11,411.48 (the “Initial Deposit”) on the 
Effective Date. In the event the District or the Contractor terminate this Agreement prior to 
completion of the Services, the Contractor will return the proportionate share of the Initial 
Deposit for the uncompleted Services. The District reserves the right to approve the sufficiency 
of the Services before payment of the remaining amount ($34,234.43) is due to Contractor, 
upon completion of the Services. 


 

 (b) Work Authorizations shall mean orders or directives issued by the District. Work 
Authorizations shall be issued for repairs or emergency services, changes to the scope of the 
area in which services are required, or for any services beyond those set forth in Paragraph 2. 
Work performed under a Work Authorization may be paid either on a lump sum basis, a unit 
price basis, or a time and material basis as agreed upon in writing by the District and 
Contractor. Contractor shall not be entitled to compensation for Services outside the scope of 
Paragraph 2 unless Contractor has obtained prior written authorization of District to perform the 
same. 

 

 (c) District retains the right to reduce any portion of Contractor’s scope of Services as 
set forth in Paragraph 2. Should this occur, a revised scope of Services and reduced 
compensation shall be agreed upon in writing by both District and Contractor. 

 

6. REPRESENTATATIONS, WARRANTIES AND COVENANTS. 

 

(a) Contractor hereby represents to District that: (i) it has the experience, 


qualifications and skill to perform the Services as set forth in this Agreement; (ii) it is duly 
licensed and permitted to observe and perform the terms, covenants, conditions and other 
provisions on its part to be observed or performed under this Agreement; (iii) has the necessary 
equipment, materials and inventory required to perform the Services as set forth in this 
Agreement; (iv) it has by careful examination satisfied itself as to: (a) the nature, location and 
character of the area in which the Services are to be performed including, without limitation, the 
surface conditions of the land and all structures and obstructions thereon, both natural and 
manmade, the surface water conditions of the area, and to the extent pertinent, all other 
conditions, and (b) all other matters or things which could in any manner affect the performance 
of the Services. 

 

 (b) Contractor warrants to the District that all materials furnished under this 
Agreement shall be new unless otherwise specified, and that all Services shall be of good quality, 
free from faults and defects and in conformance with the Agreement documents. 

 

(c) Additionally, Contractor shall specifically warrant all areas in which PolyRenewal 
injections are performed for a period of five (5) years after completion. As part of this 
requirement, Contractor shall perform an annual inspection and report any deficiencies to the 
District Manager within five (5) days. Contractor shall thereafter promptly within thirty (30) 
days of the inspection make the necessary repairs at no cost to the District (Contractor shall 
coordinate such inspection and repair work with the District Manager). If during Contractor’s 
annual inspection, Contractor identifies areas that require a repair that were not included in the 
Services provided under this Agreement, Contractor shall report such areas to the District and 
Contractor may submit a Work Authorization to the District for consideration, in accordance 
with Paragraph 5. (b) herein. 

 

7. EMPLOYEES; INDEPENDENT CONTRACTOR STATUS. 

 

 (a) All matters pertaining to the employment, supervision, compensation, insurance, 
promotion, and discharge of any employees of Contractor or of entities retained by Contractor 
are the sole responsibility of Contractor. Contractor shall fully comply with all applicable acts 
and regulations having to do with workman’s compensation, social security, unemployment 
insurance, hours of labor, wages, working conditions and other employer-employee related 
subjects. Contractor shall enforce strict discipline and good order among its employees on the 
District’s premises. Contractor shall comply with all requirements of the E-Verify System as set 
forth in Paragraph 18. 

 

 (b) Contractor is an independent contractor and not an employee of the District. It is 
further acknowledged that nothing herein shall be deemed to create or establish a partnership or 
joint venture between the District and Contractor. Contractor has no authority to enter into any 
contracts or contracts, whether oral or written, on behalf of the District. 

 

 8. COMPLIANCE WITH LAWS, REGULATIONS, RULES AND POLICIES. 

 

(a) At all times, Contractor shall operate in accordance with all applicable laws, 
statutes, regulations, rules, ordinances, policies, permits and orders. Contractor is responsible for 


obtaining all permits or other approvals required for the Services. 

 

 (b) Contractor hereby covenants and agrees to comply with all of the rules, 
ordinances and regulations of governmental authorities wherein the District’s facilities are 
located, as said rules, etc. may specifically relate to Contractor or its Services provided 
hereunder, at Contractor’s sole cost and expense, and Contractor will take such action as may be 
necessary to comply with any and all notices, orders or other requirements affecting the Services 
described herein as may be issued by any governmental agency having jurisdiction over 
Contractor. Contractor shall provide immediate notice to the District of any such orders or 
requirements upon receipt of same since Contractor understands that the District may elect to 
contest orders related to its property to the extent requested action is prohibited under Florida 
law. 

 

(c) The District is a local unit of special purpose government created in accordance 

with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes. 
Contractor agrees to comply with all applicable requirements and all other statutes and 
regulations applicable to Contractor (including Florida’s Public Records law, as set forth in 
Paragraph 10 herein). 

 

9. WORKPLACE ENVIRONMENT AND PUBLIC SAFETY. 

 

 (a) Contractor agrees to provide a safe and healthy workplace environment for its 
employees and agents and a safe and healthy environment for the public at all times. Contractor 
shall promptly correct any unsafe condition or health hazard in its control and shall immediately 
report any such condition to the District). In addition to all other requirements of this Agreement, 
Contractor shall comply with all federal, state and local laws and regulations related to health 
and safety. Further, Contractor acknowledges that all vehicles and equipment must be properly 
and safely operated and, where applicable, licensed and/or permitted, to operate on public 
roadways. Contractor acknowledges that it is responsible for public safety issues including but 
not limited to: proper work methods, use of protective equipment, safe maintenance, traffic 
control through work zones, and handling and use of materials, vehicles, and equipment. 

 

 (b) The Contractor agrees that it alone bears the responsibility for providing a safe 
and healthy workplace, as related to the Services performed by Contractor pursuant to this 
Agreement, and that nothing in this Agreement suggests that the District has undertaken or 
assumed any part of that responsibility. 

 

 (c) Contractor shall, prior to performing any of the Services, provide employees with 
training to perform their jobs safely, including instruction in proper work methods, use of 
protective equipment, and safe maintenance, handling and use of materials, vehicles, and 
equipment. Contractor will not ask or allow any employee to operate any vehicle or equipment 
until the employee has received all relevant and advisable training. Contractor shall assure that 
all employees are licensed and/or have all applicable permits, necessary to perform the Services. 

 
(d) Contractor will furnish, at its expense, all safety and protective equipment 
required or advisable for the protection of employees. 


10. PUBLIC RECORDS AND OWNERSHIP OF BOOKS AND RECORDS. 

 

 (a) Contractor understands and agrees that all documents of any kind relating to this 
Agreement may be public records and, accordingly, Contractor agrees to comply with all 
applicable provisions of Florida public records law, including but not limited to the provisions of 
Chapter 119, Florida Statutes. Contractor acknowledges and agrees that the public records 
custodian of the District is the District Manager, which is currently Governmental Management 
Services – Central Florida, LLC (the “Public Records Custodian”). Contractor shall, to the 
extent applicable by law: 

 

(i) Keep and maintain public records required by District to perform services; 
(ii) Upon request by District, provide District with the requested public 
records or allow the records to be inspected or copied within a reasonable time at a cost that does 
not exceed the cost provided in Chapter 119, Florida Statutes; 
(iii) Ensure that public records which are exempt or confidential, and exempt 
from public records disclosure requirements, are not disclosed except as authorized by law for the 
duration of the Agreement term and following the Agreement term if the Contractor does not 
transfer the records to the Public Records Custodian of the District; and 


 (iv) Upon completion of the Agreement, transfer to District, at no cost, all 
public records in District’s possession or, alternatively, keep, maintain and meet all applicable 
requirements for retaining public records pursuant to Florida laws. 

 

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE 
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 
CONTRACTORS’S DUTY TO PROVIDE PUBLIC RECORDS RELATING 
TO THIS AGREEMENT, CONTACT THE DISTRICT’S CUSTODIAN OF 
PUBLIC RECORDS AT (407) 841-5524, EXT. 105, OR BY EMAIL AT 
JSHOWE@GMSCFL.COM OR BY REGULAR MAIL AT 219 E. 
LIVINGSTON STREET, ORLANDO, FLORIDA 32801, ATTENTION: 
JASON SHOWE. 

 

11. INSURANCE. 

 

(a) Contractor shall, throughout the performance of its services pursuant to this 
Agreement, maintain at a minimum: 


 

(i) Occurrence based comprehensive general liability insurance 
(including broad form contractual coverage), with a minimum limit of $1,000,000 single limit 
per occurrence, protecting it and District from claims for bodily injury (including death), 
property damage, contractual liability, products liability and personal injury which may arise 
from or in connection with the performance of Contractor’s services under this Agreement or 
from or out of any act or omission of Contractor, its officers, directors, agents, and employees; 


 


(ii) Occurrence based automobile liability insurance including bodily 
injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles 
with limits of not less than $1,000,000.00 combined single limit covering all work performed 
hereunder; 


 

(iii) Workers' compensation insurance as required by applicable law (or 
employer's liability insurance with respect to any employee not covered by workers' 
compensation) with minimum limits of $100,000 per occurrence; and 


 

(iv) Employers liability, with a minimum coverage level of $1,000,000. 

 

(b) All such insurance required in Paragraph 11(a) shall be with companies and on 
forms acceptable to District and shall provide that the coverage thereunder may not be reduced 
or canceled unless thirty (30) days prior written notice thereof is furnished to District; the 
insurance required under paragraph 11(a)(i) shall name the District as an additional insured. 
Certificates of insurance (and copies of all policies, if required by the District) shall be furnished 
to the District. In the event of any cancellation or reduction of coverage, Contractor shall obtain 
substitute coverage as required under this Agreement, without any lapse of coverage to District 
whatsoever. 

 

12. SOVEREIGN IMMUNITY. Nothing contained herein, or in the Agreement, or in 
the Terms and Conditions, shall cause or be construed as a waiver of the District’s immunity or 
limitations on liability granted pursuant to section 768.28, Florida Statutes, or other law, and 
nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing 
any claim which could otherwise be barred under the Doctrine of Sovereign Immunity or by 
operation of law. 

 

13. INDEMNIFICATION Contractor agrees to indemnify, save harmless and defend 
the District, its officers, directors, board members, employees, agents and assigns, from and 
against any and all liabilities, claims, penalties, forfeitures, suits, legal or administrative 
proceedings, demands, fines, punitive damages, losses, liabilities and interests, and any and all 
costs and expenses incident thereto (including costs of defense, settlement and reasonable 
attorneys' fees, which shall include fees incurred in any administrative, judicial or appellate 
proceeding) which the District, their officers, directors, board members, employees, agents and 
assigns, may hereafter incur, become responsible for or pay out to the extent arising out of (i) 
Contractor’s (or its agents, employees or subcontractors) breach of any term or provision of this 
Agreement, or (ii) any negligent or intentional act or omission of Contractor, its agents, 
employees or subcontractors, related to or in the performance of this Agreement. 

 

14. MODIFICATIONS, ADDITIONS OR DELETIONS TO THE SERVICES. 

 

 (a) A Work Authorization shall be in writing by the District, which shall consist of 
additions, deletions or other modifications to the Agreement. 

 

 (b) The District may, from time to time, without affecting the validity of the 
Agreement, or any term or condition thereof, issue Work Authorizations which may identify 


additional or revised Scope of Services, or other written instructions and orders, which shall be 
governed by the provisions of the Agreement. The Contractor shall comply with all such orders 
and instructions issued by the District. Upon receipt of any Work Authorization, the Contractor 
shall promptly proceed with the work, and the resultant decrease or increase in the amount to be 
paid the Contractor, if any, shall be governed by the provisions of Paragraph 5 in this 
Agreement. 

 

15. PROTECTION OF PERSONS AND PROPERTY; MONITORING. 

 

 (a) In addition to all other requirements hereunder, the Contractor shall be 

responsible for initiating, maintaining and supervising safety precautions and programs in 
connection with the Services, and shall provide all protection to prevent injury to persons 
involved in any way in the Services and all other persons, including, without limitation, the 
employees, agents guests, visitors, invitees and licensees of the District and community 
residents, tenants, and the general public that may be affected thereby. 

 

 (b) All Services, whether performed by the Contractor, its Subcontractors, or anyone 
directly or indirectly employed by any of them, and all applicable equipment, machinery, 
materials, tools and like items used in the Services, shall be in compliance with, and conform to: 
(i) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or 
other governmental authority; and (ii) all codes, rules, regulations and requirements of the 
District and its insurance carriers relating thereto. In the event of conflicting requirements, the 
more stringent shall govern. 

 

 (c) The Contractor shall at all times keep the general area in which the Services are to 
be performed, including but not limited to sidewalks, roadways, trails, rights-of-way, open 
spaces, and all such areas impacted by the Services, clean and free from accumulation of waste 
materials or rubbish (including, without limitation, hazardous waste), caused by performance of 
the Services, and shall continuously throughout performance of the Services, remove and dispose 
of all such materials in receptacles provided by the District (unless such disposal would cause a 
safety risk, in which event Contractor shall notify the District immediately). The District may 
require the Contractor to comply with such standards, means and methods of cleanup, removal or 
disposal as the District may make known to the Contractor. 

 
(d) Contractor shall cooperate with and participate in, at no additional cost or charge, 
all programs, plans or routines for monitoring and reporting to District, as set forth herein or 
otherwise agreed upon by the District and the Contractor, to ensure satisfactory performance of 
the Services provided hereunder. 

 

16. SUSPENSION OR TERMINATION. 

 

 (a) The District and the Contractor shall, in their sole discretion and without cause, 
have the right to suspend or terminate this Agreement upon thirty (30) days prior written notice 
to the other party. 

 

 (b) If the Contractor should become insolvent, file any bankruptcy proceedings, make 


a general assignment for the benefit of creditors, suffer or allow appointment of a receiver, 
refuse, fail or be unable to make prompt payment to Subcontractors, disregard applicable laws, 
ordinances, governmental orders or regulations or the instructions of the District, or if the 
Contractor should otherwise be guilty of a violation of, or in default under, any provisions of the 
Agreement, then the District may, without prejudice to any other right or remedy available to the 
District and after giving the Contractor and its surety, if any, seven (7) days written notice, 
terminate the Contract and the employment of Contractor. In addition, without terminating this 
Contract as a whole, the District may, under any of the circumstances above, terminate any 
portion of this Contract (by reducing, in such as manner as District deems appropriate, the Scope 
of Service to be performed by the Contractor) and complete the portion of this Contract so 
terminated in such manner as the District may deem expedient. 

 

17. SUBCONTRACTORS. If the Contractor desires to employ Subcontractors in 
connection with the performance of its Services under this Agreement: 

 

 (a) Nothing contained in the Agreement shall create any contractual relationship 
between the District and any Subcontractor. However, it is acknowledged that the District is an 
intended third-party beneficiary of the obligations of the Subcontractors related to the Services. 

 

 (b) Contractor shall coordinate the services of any Subcontractors and remain fully 
responsible under the terms of this Agreement; Contractor shall be and remain responsible for 
the quality, timeliness and coordinate of all Services furnished by the Contractor or its 
Subcontractors. 

 

 (c) All subcontracts shall be written. Each subcontract shall contain a reference to 
this Agreement and shall incorporate the terms and condition of this Agreement to the full extent 
applicable to the portion of the Services covered thereby. Each Subcontractor must agree, for the 
benefit of the District, to be bound by such terms and conditions to the full extent applicable to 
its portion of the Services. 

 

 18. COMPLIANCE WITH E-VERIFY SYSTEM 

 

(a) The Contractor shall comply with and perform all applicable provisions and 
requirements of Section 448.095, Florida Statutes and Section 448.09(1), Florida Statues. 
Accordingly, beginning on the Effective Date, to the extent required by Section 448.095, Florida 
Statutes, the Contractor shall enroll with and use the United States Department of Homeland 
Security’s E-Verify system to verify the work authorization status of all newly hired employees. 
The District may terminate this Agreement immediately for cause if there is a good faith belief 
that the Contractor has knowingly violated Section 448.091, Florida Statutes. 

 

 (b) If the Contractor anticipates entering into agreements with a subcontractor for the 
work, Contractor will not enter into the subcontractor agreement without first receiving an 
affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, 
and stating that the subcontractor does not employ, contract with, or subcontract with an 
unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the 
agreement and provide a copy to the District upon request. In the event that the District has a 


good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, 
but the Contractor has otherwise complied with its obligations hereunder, the District shall 
promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement 
with the subcontractor upon notice from the District. Further, absent such notification from the 
District, the Contractor or any subcontractor who has a good faith belief that a person or entity 
with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes, shall 
promptly terminate its agreement with such person or entity. 

 

(c) By entering into this Agreement, the Contractor represents that no public 
employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida 
Statutes, within the year immediately preceding the date of this Agreement. 

 

19. NOTICE. 

 

 (a) Notices required or permitted to be given under this Agreement shall be in 
writing, may be delivered personally or by mail, overnight delivery service, or courier service, 
and shall be given when received by the addressee. Notices shall be addressed as follows: 

 

If to District: Windward Community Development District 

 c/o Governmental Management Services – Central Florida, 
LLC 

219 E. Livingston Street 

Orlando, Florida 32801 

Attention: Jason Showe 

Telephone: (407) 841-5524, Ext. 105 

E-Mail: jshowe@gmscfl.com 

 

 Copy to: Latham, Luna, Eden & Beaudine, LLP 

 201 S. Orange Ave., Suite 1400 

 Orlando, Florida 32801 

 Attention: Jan A. Carpenter, Esq. and Kristen Trucco, Esq., 

District Counsel 

 Telephone: (407) 481-5800 

 E-Mail: jcarpenter@lathamluna.com and 

ktrucco@lathamluna.com 

 

 If to Contractor: Alpha Foundation Specialists, LLC 

3723 Hogshead Road 

Apopka, Florida 32073 

Attention: Chris Batten 

Telephone: (689) 219-3640 

E-mail: __________________ 

 

 (b) Notwithstanding the foregoing, any notice sent to the last designated address of 
the party to whom a notice may be or is required to be delivered under this Agreement shall not 
be deemed ineffective if actual delivery cannot be made due to a change of address of the party 


to whom the notice is directed or the failure or refusal of such party to accept delivery of the 
notice. Parties may change notice address by delivering written notice by mail, overnight 
delivery service, or courier service to the other party and such change shall become effective 
when received by the addressee. 

 

20. ATTORNEYS’ FEES. If either party hereto institutes an action or proceeding for 
a declaration of the rights of the parties the Agreement, for injunctive relief, for an alleged 
breach or default of, or any other action arising out of, the Agreement, or in the event any party 
hereto is in default of its obligations pursuant hereto, whether or not suit is filed or prosecuted to 
final judgment, the non-defaulting or prevailing party shall be entitled to its actual attorneys’ fees 
and to any court costs and expenses incurred, in addition to any other damages or relief awarded. 

 

 21. GOVERNING LAW AND JURISDICTION. This Agreement shall be 
interpreted and enforced under the laws of the State of Florida. The parties will comply with the 
terms of the Agreement only to the extent they are enforceable or permitted under Florida law. 
Any litigation arising under this Agreement shall occur in a court having jurisdiction in Osceola 
County, Florida. THE PARTIES WAIVE TRIAL BY JURY AND AGREE TO SUBMIT 
TO PERSONAL JURISDICTION AND VENUE IN OSCEOLA COUNTY, FLORIDA. 

 

22. SEVERABILITY. In the event that any provision of this Agreement is judicially 
construed to be invalid by a court of competent jurisdiction, such provision shall then be 
construed in a manner allowing its validity, or if this leads to an impracticable result, shall be 
stricken, but in either event, all other provisions of the Agreement shall remain in full force and 
effect. 

 

23. NO WAIVER. No failure by either party to insist upon the strict performance of 
any covenant, duty, contract or condition of this Agreement or to exercise any right or remedy 
upon a breach thereof shall constitute a waiver of any such breach or of such or any other 
covenant, contract, term or condition. Any party hereto, by written notice executed by such 
party, may, but shall be under no obligation to, waive any of its rights or any conditions to its 
obligations hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver 
shall affect or alter this Agreement, but each and every covenant, contract, term and condition of 
this Agreement shall continue in full force and effect with respect to any other then-existing or 
subsequent breach thereof. 

 

24. NO MODIFICATION. No modification, waiver, amendment, discharge or change 
of this Agreement shall be valid unless the same is in writing and signed by the parties against 
which such enforcement is or may be sought. This instrument contains the entire contract made 
between the parties and may not be modified orally or in any manner other than by a contract in 
writing signed by all parties hereto or their respective successors in interest. 

 

25. TIME IS OF THE ESSENCE. The time for delivery and/or completion of the 
work to be performed under the Agreement shall be of the essence of the Agreement. 

 

 26. ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully 
between the parties as an arm’s length transaction. In addition to the representations and 


warranties contained herein, the Contractor acknowledges that prior to the execution of the 
Agreement it has thoroughly reviewed and inspected the Agreement documents, and satisfied 
itself regarding any error, inconsistency, discrepancy, ambiguity, omission, insufficiency of 
detail or explanation. Contractor further acknowledges that the parties have participated fully in 
the preparation of this Agreement and received the advice of counsel. In the case of a dispute 
concerning the interpretation of any provision of this Agreement, all Parties are deemed to have 
drafted, chosen and selected the language, and doubtful language will not be interpreted or 
construed against any party. 

 

 27. COUNTERPARTS. This Agreement may be executed in any number of 
counterparts with the same effect as if all parties had signed the same document. All fully 
executed counterparts shall be construed together and shall constitute one and the same contract. 

 

 

 

 

 

[Remainder of page intentionally left blank.] 

 


 

IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed 
affective as of the day and year first above written. 

 

 

 

 DISTRICT: 


 WINDWARD COMMUNITY 

 DEVELOPMENT DISTRICT 

 

 

 

 By: __________________________ 

 Name: Timothy Peltier 

 Title: Chairman 

 

 

 

 

 CONTRACTOR: 

 

 ALPHA FOUNDATION SPECIALISTS, 
LLC, a Delaware limited liability company 

 

 

 By: 

 Print: ______________________________ 

 Title: _______________________________ 

 

 

 

 


EXHIBIT “A” 

 

“REPORT” 


(Inspection Report, dated Aug. 13, 2025) 

 

 

 [Attached.] 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Objective: A site inspection was conducted by GMS on 08/13/2025. The objective of this 
inspection was to document areas of sidewalk that are raised causing a tripping hazard, 
damaged, and/or cracked. Below is a summary of the results from the inspection. 

 

Hanson Bay: 

• 27 locations were identified where grinding is needed. 
• 2 locations were identified where concrete sections need to be replaced. Sections are ~ 
5’ x 5’ x 3”. 


Antilles Club Dr: 

• 44 locations were identified where grinding is needed. 
• 1 location was identified where a concrete section needs to be replaced. Section is 


~ 5’ x 5’ x 3” 

Coral Shore Ln: 

• 1 1ocation identified where grinding is needed. 


Estuary Ln and Sabel point loop: 

• 10 locations where grinding is needed. 
• 3 locations identified where a concrete section needs to be replaced. Sections are 


~ 5’ x 5’ x 3” 

Flora Pass Pl: 

• 7 locations identified where grinding is needed. 


Key Bay Trail 

• 3 locations identified where grinding is needed. 
• 1 location where a concrete section needs to be replaced. Section is ~5’ x 5’ x 3”. 
• 1 location where concrete at edge of sidewalk is damaged. Can repair with quick setting 
concrete. 
• 5 locations where concrete is cracked. These sections are ~10’ x 10’x 3”. 


 


 

 

Pebble Passage Ln: 

• 1 location where injection beneath the sidewalk is recommended to make the sidewalk 
level with adject concrete at storm drain. 


Lime Stone Trail: 

• 1 location with damaged concrete at edge of side. Can repair with quick setting concrete. 
• 3 locations with cracked concrete. 


Four Season BLVD: 

• 5 locations where grinding is needed. 


Sandy Creek Trail: 

• 5 locations where grinding is needed. 
• 4 sections of concrete that need to be replaced. Sections are ~5’ x 5’ x 3”. 
• 1 location where injection beneath the sidewalk is recommended to make the sidewalk 
level with adject concrete at storm drain. 


 

Totals: 

• 97 locations that need grinding. 
• 11 sections of concrete that need to be removed and replaced (5’ x 5’ x 3”). 
• 2 locations where edge of sidewalk is damaged and needs repaired. 
• 3 locations of cracked side walks (5’ x 5’ x 3”) 
• 5 locations of cracked side walks (5’ x 5’ x 3”) 
• 2 locations where injection is recommended. 


 

The field reports from the inspections are included as an attachment. These provide specific 
locations and areas of the items that were identified. 

 


EXHIBIT “B” 

 

PROPOSAL 

 

 

 [Attached.] 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


NONGOVERNMENTAL ENTITY 

ANTI-HUMAN TRAFFICKING AFFIDAVIT 

(Section 787.06(14), Florida Statutes) 

 

 

 

STATE OF FLORIDA 

COUNTY OF _____________ 

 

 

 BEFORE ME, the undersigned, a Notary Public in and for the County and State aforesaid, 
personally appeared _____________________ ("Affiant") who, being first duly sworn, on oath, says: 

 

 1. Affiant is an officer or representative of Alpha Foundation Specialists, LLC, a 
Delaware limited liability company, and Affiant attests that Alpha Foundation Specialists, LLC, does 
not use coercion for labor or services as defined in Section 787.06, Florida Statutes. Under penalty 
of perjury, I hereby declare and affirm that the above stated facts are true and correct. 

 

 

 

 DATED as of ______________, 2025. 

 

 

 

 _____ 

Name: _____________________________________ 

Title: _______________________ 

of Alpha Foundation Specialists, LLC (Affiant) 

 

 

 

SUBSCRIBED AND SWORN TO before me by means of . physical presence or . online 
notarization, this ____ day of ____________, 2025, by _________________________________, as 
__________________ of Alpha Foundation Specialists, LLC, on behalf of the company. Said person 
is (check one) . personally known to me or . has produced a valid driver's license as identification. 

 

 

 

[Notary Seal] Signature of person taking acknowledgment 

 Name (typed, printed or stamped): 
__________________ 

 Title or Rank: 

 Serial number (if any):