Bid No. 12-90924-001 Bing Rooming House

PLANT CITY, FLORI DA T INVITAT TION FOR BI DS BID NO. 12-90924-0 .
001 Bing Rooming Hou se R Stabilizatio and Resto on oration
ADVERTISED: December 2 2011 A 23, DUE: Ja anuary 26, 20 012
City of Plant City y Purchas sing Departm ment 302 Wes Reynolds S st Street Plant City, FL 3356 C 63 Phone: 813-659-42 270 Fax #: 813-659-42 38 korth@p plantcitygov.c com
CITY OF PLANT CITY PLANT CITY, FLORIDA Bid No. 12-90924-001 List of Contents
Cover Page List of Contents Summary Page Section 1..................................................................................................................................... Bid Delivery Section 2....................................................................................................................................Bid Contents Section 3......................................................................................................... Contractors Responsibilities Section 4................................................................................................................ City Rights & Procedures Section 5......................................................................................................................... General Conditions Section 6............................................................................................................................................... Forms Bid Form References Sworn Statement Section 7............................................................................................................................................ Exhibits Exhibit A Project Scope and Specifications Exhibit B - Instructions for Bid Summary Forms Exhibit C Federal Labor Standards Provisions Section 8....................................................................................................................... Contract Documents Payment and Performance Bond
Bing Rooming House Stabilization and Restoration Invitation for Bids No. 12-90924-001
List of Contents
ADVERTIS SED: December 23, 2011 SUBMITTA DEADLINE AL E: January 26, 2012 y
CI OF PLA CITY, F ITY ANT FLORIDA

Invita ation for Bids s Bing Rooming Hou se R Stabilizatio and Resto on oration Bid No. 12-90924-0 001 ummary Project Su The City of Plant City, Florida seek bids to furnish all labo materials, and equipm o ks or, ment necessa to ary construct the interior build-out of the Bing Rooming Hou and othe related ta t r f R use er asks necessa to ary complete the project in accordanc with the project plans and specific e ce p cations, comp plete and rea to ady use. Scope & Specification S ns The proje is more fully describe in Exhibit A: Project S ect ed t Scope & Specifications. This Invitatio for on Bids and related documents are open for public inspecti on at the Of ffice of the P Purchasing A Agent, Room 31 City Hall, 302 W. Reynolds Street, Plant City, Florida 3356 12, 63. Electron versions o the nic of documen are availa nts able online at www.dem a mandstar.com and www.p m plantcitygov.c com. Comp panies may receive paper documents by regular mail if they pre-pa reproducti and maili costs. r ay ion ing Pre-Bid Meeting M A mandat tory pre-bid meeting will be held at 10 m b 0:00 am on T Thursday, Jan nuary 5, 2012 at the Sady 2 ye Gibbs Ma artin Auditoriu City Hall, City of Plant City, Florida to discuss t proposed project and site um, , t a the d improvem ments. Bid Bond A cashier check or bid bond mad payable to City of Pla City, Flori rs b de ant ida must ac ccompany all bids. The check or bond am mount shall be at least 5% of the tota price propo b % al osed in the b response. The bid City will re eturn the che or bond after a contra with the s eck a act selected Contractor has b been signed. Submittal Location & Deadline Sealed bi must be delivered to 302 W. Reyn ids d 3 nolds Street, Room 312, P Plant City, Flo orida 33563. The submittal deadline is 2:00 PM on Thursday, January 26, 20 l T 012.
Bing Rooming Hous Stabilizatio and Restora se on ation Invita ation for Bids No. 12-90924 N 4-001 S Summary Page e Page 1 of 2
Bid Evaluation & Selection The bid may be awarded to the lowest responsive and responsible bidder. The City reserves the right to waive technicalities and informalities in any bid, and to reject any or all bids at any time and for any reason. Federal Requirements Bidders must comply with all requirements of Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 USC 170 lu. Section 3 requires that to the greatest extend feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The proposers attention is direct to the Contract Documents which relates to the requirements for non-discrimination in employment and which related to minimum salaries and wages. Bidders must comply with Presidential Executive Order Nos. 11246 and 11375, which prohibit discrimination in employment because of race, creed, color, sex or national origin. Bidders must comply with Title VI of the Civil Rights Act of 1964, the Anti-kickback Act and Contract Work Hours Standard Act. Bidders must comply with the provisions of the Viet Nam Era Veterans readjustment Act of 1974. Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on the basis of race, color, creed or national origin. This contract requires a public construction bond that is 100% of the contract amount as security for the faithful performance of this contract. The City of Plant City reserves the right to waive any technicalities and informalities in any bid, reject any or all bids and to accept any bid that in its judgment will be for its best interest. The work performed under this Agreement is funded under a grant from the U.S. Department of Housing and Urban Development to the Hillsborough County Commissioners as grant recipients and the City of Plant City as subrecipients. Questions Purchasing Agent Kevin Orth is the only staff designated to answer questions about this bid. All answers will be issued in writing. Mr. Orth may be reached at korth@plantcitygov.com.
Gregory S. Horwedel City Manager
Summary Page Page 2 of 2
Section 1
Bid Delivery 1.1 Submittal Location & Deadline. Bids must be submitted to the City of Plant City Purchasing Department, Room 312, (302 W. Reynolds Street, Plant City, Florida 33563) by 2:00 PM on Thursday, January 26, 2012. Bids will be time stamped upon receipt. Bids submitted by fax, e-mail, or telephone will not be accepted. Submittal Envelope. Bids shall be submitted in a sealed envelope or box clearly marked Bid No. 12-90924-001: Bing Rooming House Stabilization and Restoration. Contractors shall write its name on the outside of the envelope. Valid Term. Bids shall be valid for no less than 60 days from the date the City opens the bids. Rejection. Bids submitted after the deadline will be rejected. Bids submitted in an unsealed or incorrectly marked envelope or box will be rejected. Fax, email, or telephone bids will be rejected.
1.2
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1.4
Section 2
Bid Contents 2.1 Response Form. Bids shall be made only on the form included in this packet (Section 6 Bid Form). Bid forms shall be signed by the owner or other authorized individual. Licenses & Certifications. Contractor must include the following with its bid: a. Photocopy of valid Florida business license. b. Photocopy of current insurance certificate with at least $1,000,000 in coverage per incident. c. Photocopy of valid Florida workmans comp certificate. Bid Bond. A cashiers check or bid bond in an amount equal to 5% of the total price for the work proposed must be included with each bid. The check or bond must be made payable to the City of Plant City, Florida. Number of Copies. Contractor may submit bids in only one of the following ways: a. Three paper copies of all required forms and documents. b. One electronic copy (PDF on a CD or DVD) of the response. NOTE: Regardless of the submission method, original affidavits and bid bonds must be included in the sealed packet containing either the paper copies or the electronic copy.
2.2
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Sections 1 - 6 Page 1 of 19
2.5
Completeness. The City may reject bids that are incomplete, conditional, or deficient in any way, or which contain unsolicited additions/alterations.
Section 3
Vendor Responsibilities 3.1 Pre-Bid Meeting. A mandatory pre-bid meeting will be held at 10:00 am on Thursday, January 5, 2012 at the Sadye Gibbs Martin Auditorium, City Hall, City of Plant City, Florida to discuss the proposed project and site improvements. Review Documents. Contractor must review all specifications and contract documents related to this bid and project. Failure to review all specifications, forms, contracts, addenda, or other documents shall not relieve Contractor from any obligations contained in this bid or a subsequent contract with the City. Site Visit. A walk through of the Bing Rooming house will be conducted after the pre-bid meeting. Fill-In Required Forms & Seal Envelope. Contractor must accurately and completely fill-in the response forms included in this packet (Section 6 Bid Form). Contractor must submit those forms along with other documents listed in Section 2 Bid Contents and elsewhere in this bid. Authorized signatures must be included on forms/documents. Incomplete or missing forms/documents may result in rejection of Contractors bid. Delivery of Bid. Contractor must securely seal all required forms and documents in an envelope or box. Contractor must mark and deliver the envelope or box as specified in Section 1 Bid Delivery. Late or mismarked bids will not be accepted. Certification. Submittal of a bid shall be deemed as Contractors certification that it has fully considered all factors associated with this bid, including any addenda.
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Section 4
City Rights & Procedures 4.1 Project Owner. City of Plant City, Florida owns this project. The City Manager (or his/her designee) is the Citys authorized representative on this project. Verification of Contractors Capability. The City will verify Contractors ability to complete the work specified in this bid. Verification may include evaluating the Contractors: a. Prior project experience (particularly ones similar to this project size/scope). b. Financial resources.
4.2
c. d. e. f. 4.3
Prior bond history. Licensure and certifications. Equipment, machinery, and/or facilities. Background & references.
Award. The City will evaluate bids and may award to the lowest responsive and responsible bidder. Local Preference. The City has adopted a local preference policy (Section 2151 Plant City Code). The local preference policy provides qualifying vendors with an amount not to exceed 1.5 percent of the lowest bid, provided that the cost differential from the lowest bid shall not exceed $2,500. Non-qualifying vendors will not receive the 1.5 percent. Qualifying vendors are those businesses that have paid their applicable business tax, are authorized to engage in the particular trade or business at issue, and have a physical office with full time employees within the city limits of Plant City for at least six months prior to the issuance of this bid. Post office boxes are not verifiable and shall not be used for the purpose of establishing said physical business address. In order to be eligible for local preference, the local business must provide at the time of submittal a copy of the receipt of payment of their business tax. Rejection. The City reserves the right to reject any or all bids at any time and for any reason. Waiver of Irregularities. The City may waive informalities or irregularities that in the Citys opinion do not materially affect a Contractors bid. Notice of Award. Following City Commission action on the staff recommendation, the Purchasing Agent shall notify the selected Contractor in writing, and shall provide paper copies of the contract to the selected Contractor. Contract Execution & Bid Bond. The selected Contractor must sign and return the contract, any required bonds, insurance certificates, letter of credit, and all other required documents within 14 calendar days after the City sends the documents to the selected Contractor. Once the City receives the signed contract and all other required documents back from the selected Contractor, then the Citys authorized representative will sign the contract. Failure to sign and return the contract and all other required documents within 14 days may result in the City calling the bid bond or cashing the cashiers check submitted by the selected Vendor with its proposal; barring the selected Contractor from consideration on future projects; or both. The City may then select another Contractor to perform the work or provide the goods/services specified in this bid.
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Notice to Proceed. Following contract signing by City, the Purchasing Agent will issue a formal Notice to Proceed in writing to the selected Contractor. The selected Contractors bid bond will subsequently be returned along with a formal Notice to Proceed from the Purchasing Agent. If the selected Contractor begins work before receiving the Notice to Proceed, then the City may stop work on the project, may require the work to be redone at Contractors expense and without additional compensation from the City, or both. The City also may revoke the project award and select another Contractor to perform the work.
4.10
Revocation of Award. If the City discovers that the selected Contractor has misrepresented anything in their bid or that the selected Contractor in the Citys opinion is no longer reasonably capable of performing the work as proposed, then the City may revoke the award at any time before issuing the formal Notice to Proceed. The Purchasing Agent will issue the revocation in writing.
Section 5
General Conditions 5.1 Questions. Purchasing Agent Kevin Orth is the designated contact person for this bid. Contractor must submit any questions regarding this bid to the Purchasing Agent at korth@plantcitygov.com. Questions about this bid must be asked at least five business days before the submittal deadline. All questions received at least five business days before submittal deadline will be replied to with a written addendum. Contractor may rely only on written responses or interpretations from the Purchasing Agent. Verbal and/or written responses given by other City staff in response to Contractor questions shall not be binding on the City. The City will recognize written addenda issued by the Purchasing Agent as the only legitimate method of responding to questions about this bid or the project described within this bid. 5.2 Bid Interpretations. The City has the right to define and interpret bid terms, specifications, and conditions. Terms. The City may award a contract based solely on bid responses received from Contractor, with or without further discussion of such bids with the selected Contractor. Therefore, Contractor should submit bids based on its most favorable terms and pricing available. Contract Documents. Section 8 contains the contract required by the City to award the project described in this bid. If Contractor requires modifications or additional terms and conditions to the contract, then Contractor shall
5.3
5.4
clearly identify those modifications or additional terms and conditions in its bid. Contract provided in Section 8 may be edited as necessary prior to execution. 5.5 Payment & Performance Bond. The contract requires a payment and performance bond in the amount of 100% of the annual contract price as security for the faithful performance of this contract. The selected Contractor must provide a payment & performance bond for the work specified in this bid. The City will not sign a contract without the selected Contractor first providing a payment & performance bond. The form of the payment & performance bond shall be substantially similar to the document contained in Section 6 of this bid, and it shall be approved by the City Attorney prior to acceptance by the City. Insurance and Bonds. Insurance and bonds specified in this bid document and the contract shall conform to and shall be insured by companies meeting the criteria outlined below. a. Insurance and bonds shall be countersigned by an agent licensed to do business in the State of Florida. b. Surety must be permitted to do business in the State of Florida and shall have been in business and have a record of successful, continuous operation for at least five years. c. The surety shall have at least the following minimum rating as listed in Best's Financial Rating: i. Financial Strength Rating of A. ii. Financial Size Category Class shall indicate an Adjusted Policy Holders Surplus (PHS) of at least 10 times the maximum annual value of the contract or proposal (see table below). Class I II III IV V VI VII VIII IX X XI XII XIII Adjusted PHS ($ Million) Less than 1 1 to 2 2 to 5 5 to 10 10 to 25 25 to 50 50 to 100 100 to 250 250 to 500 500 to 750 750 to 1,000 1,000 to 1,250 1,250 to 1,500
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XIV XV
1,500 to 2,000 2,000 or greater
5.7
Sworn Statement on Public Entity Crimes. A person or affiliate as defined in Section 287.133, Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor (vendor), supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $25,000 for a period of 36 months following the date of being placed on the convicted vendor list. Contractor must fill out and sign the form titled SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES. The required form is contained in Section 6 of this bid. Failure to submit a completed form may disqualify Contractors bid.
5.8
Other Forms & Documents. Contractors are responsible for reviewing and understanding all plans, photos, specifications, forms or other documents associated with the project described in this bid. Submittal of a bid shall serve as Contractors acknowledgement that it has reviewed and understood all such documents. Indemnification. Section 1-15, Plant City Code, prohibits the City from indemnifying other parties to an agreement. Therefore, the City will not indemnify Contractor. All-Inclusive Cost. Contractors bid shall include all expenses necessary to complete the project or provide the services described in this bid. If selected by the City, Contractor must pay applicable sales tax on any goods or services it purchases. The City is exempt from paying federal and state taxes, including sales tax. However, the Citys sales tax exemption is not assignable and cannot be applied toward items the Contractor purchases, regardless of whether Contractor transfers those items to the City.
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Bid Preparation & Submittal Expenses. The City shall not be responsible for any expense incurred by any Contractor in reviewing, evaluating, preparing, or
submitting a bid. Contractor is solely responsible for the entire expense of responding to this bid. 5.12 Legal Requirements. Contractor is required to comply with all federal, state, county and local laws, ordinances, rules and regulations that are applicable to the goods/services being solicited in this bid. Contractors lack of knowledge shall in no way be a cause for relief from responsibility, nor shall it constitute a cognizable defense against the legal effects thereof. Submittal of a bid shall constitute Contractors affirmation that it is familiar with and shall comply with all federal, state, and local laws, ordinances, rules and regulations which affect those engaged or employed in the provision of such services, or equipment used in the provision of such services, or which in any way affects the conduct of the provision of such services. No plea of misunderstanding will be considered on account of Contractors ignorance thereof. If Contractor believes provisions in the bid documents are contrary to or inconsistent with any law, ordinance, or regulation, then Contractor shall promptly report those provisions in writing to the City. 5.13 Public Records. Contractor understands that Florida has a broad public records law, and that documents in the possession of the City can only be maintained confidential to the extent allowed under the Florida Public Records Act. In each instance where Contractor provides the City any documents that Contractor considers to be proprietary and confidential trade secrets pursuant to Florida law, it shall label them as such in a separately sealed envelope. In the event the City receives a public records request for documents identified by Contractor as proprietary and confidential trade secrets, the City shall promptly notify Contractor of the request. If Contractor continues to maintain that the documents are proprietary and confidential trade secrets under Florida law, Contractor shall provide the City specific statutory authority for exemption from public disclosure under the Florida Public Records Act. If the City, at Contractors request, asserts that the documents are exempt from disclosure under the Public Records Act, Contractor shall, at its own expense, defend, indemnify and hold the City harmless of all liability for such non-disclosure, including costs and attorneys fees and for any and all claims brought against the City or its officials, agents and employees arising from the Citys assertion of a public records exemption pursuant to this paragraph. Nothing herein shall be interpreted to authorize or require the City to violate the requirements of the Florida Public Records Act or any order of any court of competent jurisdiction.
5.14
Cooperative Purchasing Agreement. The City of Plant City is a member of the Government Purchasing Council of Hillsborough County in accordance with Chapter 69-1119, Laws of Florida. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this request shall constitute a bid made under the same conditions for the contract price as this bid to all public entities in Hillsborough County. The Purchasing Departments of each of the following agencies represented, will place their own orders as needs and availability of funds dictate:
SW Florida Water Management District Executive Director 2379 Broad Street Brooksville, FL 33512-9712 Sheriffs Office Fiscal Officer Box 3371 Tampa, FL 33601 City of Tampa 8th Floor, City Hall 315 E. Kennedy Blvd. Tampa, FL 33602 Tampa Port Authority Director of Finance Box 2192 Tamps, FL 33601 Hillsborough County Aviation Authority Box 22287 Tampa, FL 33622 Hillsborough Area Regional Transit Authority 4395 E 21st Avenue Tampa, FL 33605 University of South Florida Division of Procurement Administration 185 Tampa, FL 33620 The Housing Authority of the City of Plant City 1306 Larrick Lane Plant City, FL 33563
Hillsborough County Purchasing Director Box 1110 Tampa, FL 33601 City of Temple Terrace Box 16930 Temple Terrace, FL 33687 School Board of Hillsborough County Supervisor of Purchasing Box 3408 Tampa, FL 33601 Tampa Sports Authority Purchasing Agent 4201 N. Dale Mabry Highway Tampa, FL 33607 Hillsborough County Hospital Authority Director of Purchasing 330 W. Platt Suite 200 Tampa, FL 33606 Hillsborough Community College Director of Purchasing 39 Columbia Drive Tampa, FL 33606 State Attorneys Office Courthouse Annex 5th Floor Tampa, FL 33602 The Housing Authority of the City of Tampa Executive Director Tampa, FL 33607
Section 6 Proposal Form

This is the Bid from: Name of Bidder ______________________________________________________ Individual, firm, or corporation, as case may be.) Place of Business of Bidder _____________________________________________ ____________________________________________________________________ Telephone Number Facsimile Number Date of Proposal: TO: ____________________________________________ ____________________________________________ ____________________________________________
City of Plant City Purchasing Department ATTN: Kevin Orth City Hall, Third Floor 302 W. Reynolds Street Plant City, Florida 33563
Pursuant to and in compliance with your Invitation for Bid, the Instructions to Bidders, and other documents related hereto, the undersigned does hereby propose to furnish all labor, material, and equipment necessary for the interior build-out of the Bing Rooming House, as shown in the project plans and in strict accordance with the contract documents, specifications, drawings and all addenda, if any, issued prior to the date of this proposal at the price listed herein as follows Total bid amount shall be shown in words and figures. In case of discrepancy, the amount shown in words shall govern. ITEMS 1. 2. 3. 4. 5. 6. 7. DESCRIPTION Interior Walls and Ceiling Flooring Interior Doors Plumbing Fixtures Electrical HVAC Tent and treat for Termites QTY Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum TOTAL PRICE ____________ ____________ ____________ ____________ ____________ ____________ ____________ $____________
Total Bid
Total Bid in Words: ______________________________________________________ (If Bidder is a firm, fill in the blanks) Names of Partners ___________________________ ___________________________ ___________________________ ___________________________ Residence of Partners _______________________________ _______________________________ _______________________________ _______________________________
(If Bidder is a corporation, fill in the following blanks) Organized under the laws of the State of ______________________ Name and Address of President _____________________________ _______________________________________________________ Name and Address of Vice President _________________________ _______________________________________________________ Name and Address of Secretary _____________________________ _______________________________________________________ Names and Address of Treasurer ____________________________ The above-named Bidder affirms and declares: (1) That the Bidder is of lawful age and that no other person, firm or corporation has any interest in this Bid or in the Contract proposed to be entered into. (2) That this Bid is made without any understanding, agreement, or connection with any other person, firm, or corporation making a Bid for the same purposes, and is in all respects fair and without collusion or fraud. (3) That the Bidder is not in arrears to the City of Plant City, upon debt or contract, and is not a defaulter, as surety or otherwise, upon any obligation to the City of Plant City. (4) That no officer or employee or person whose salary is payable in whole or in part from the City Treasury is, shall be or become interested, directly or indirectly, surety or otherwise, in this proposal, or in the performance of the Contract, or in the supplies, materials, or equipment and work
Bing Rooming House Stabilization and Restoration Invitation for Bids No. 12-90924-001 Sections 1 - 6 Page 10 of 19
or labor to which it relates, or in any portion of the profits thereof. (5) That the Bidder has carefully examined the site of the work and that, from his own investigations, he has satisfied himself as to the nature and location of the work, the character, quality, and quantity of materials and the kind and extent of equipment and other facilities needed for the performance of the work, the general and local conditions and all difficulties to be encountered, and all other items which may, in any way, effect the work or its performance. The undersigned, as Bidder, also declares that he has carefully examined and fully understands all the component parts of the Contract Documents and agrees that he will execute the Contract included herein and will completely perform the work in strict accordance with the terms of the Contract Documents. The undersigned bidder also declares that he understands a contract may be awarded on the Total Base Bid. If awarded the contract, the Bidder agrees to start work within ten (10) calendar days after date of written notice to proceed, and guarantees to complete all work for the Bid within One Hundred And Twenty (_120_) CALENDAR DAYS after date of written notice to proceed. The bidder understands that the Owner reserves the right to reject any or all bids and to award part(s) of the contract, if applicable, separately, in combination, or as one contract. The Owner reserves the right to waive technicalities in any bid, reject any or all bids and to accept any bid that in its judgment will be for its best interest. The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK PURPOSELY
Notice of award should be mailed, telegraphed or delivered to the undersigned at the following address: ____________________________________________________ Firm Name (Typed) SEAL If a Corporation ____________________________________________________ Address (Typed) ______________________________________________________ City State Zip Acknowledgement is hereby made of receipt of the following addenda, if any BY: _______________________________________________________ Name (Typed) No.__________ No.__________ No.__________ No.__________ Dated___________ Dated___________ Dated___________ Dated___________
_______________________________________________________ Signature _______________________________________________________ Title
BIDDERS QUALIFICATIONS FOR WORKING ON HISTORICAL BUILDINGS Bidder shall identify experience as the general contractor of record in the rehabilitation of at least three historic structures. . 1. Project Name: ______________________________________________________________ Description of work: _________________________________________________________ Location: __________________________________________________________________ Owner: ___________________________________________________________________ Contact No.: ______________________________ 2. Date Completed _________________
Project Name: ______________________________________________________________ Description of work: _________________________________________________________ Location: __________________________________________________________________ Owner: ___________________________________________________________________ Contact No.: _____________________________ Date Completed __________________
3.
Project Name: ______________________________________________________________ Description of work: _________________________________________________________ Location: __________________________________________________________________ Owner: ___________________________________________________________________ Contact No.: _____________________________ Date Completed __________________
Attach additional sheets as necessary, including photographs of work.
SUBCONTRACTOR LISTING The Bidder has fully investigated each Subcontractor listed and has in his files evidence each Subcontractor has engaged successfully in his line of work for a reasonable period of time that he maintains a fully equipped organization capable, technically and financially, of performing the work required, and that he has made similar installations in a satisfactory manner. 1. Subcontractor: Type(s) of Work: 2. Subcontractor: Type(s) of Work: 3. Subcontractor: Type(s) of Work: MATERIAL LISTING The Bidder proposes to furnish the following items of materials: 1. Manufacturer: Supplier: 2. Manufacturer: Supplier: 3. Manufacturer: Supplier: 4. Manufacturer: Supplier: _____ _____ _____ _____ _____ _____ _____
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal, or Contract No. for [print name of the public entity] 2. This sworn statement is submitted by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. I understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any Proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment of information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. b. Predecessor or successor of a person convicted of a public entity crime; or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime.
4.
5.
c.
Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The Ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
6.
Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Check the statement that applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the Proposer or Vendor (Company) nor any affiliate of the Proposer or Vendor (Company) has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies). There has been a proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. [Attach a copy of the final order] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order). The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services).
[Signature] STATE OF FLORIDA COUNTY OF
[Date]
PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature in the space [Name] provided above on this day of Notary Public , 20 .
My commission expires
PAYMENT AND PERFORMANCE BOND Bond No. Contractor: Name: Address: Phone ( Surety: Name: Address: Phone ( City: City of Plant City, Florida 302 West Reynolds Street Plant City, FL 33563 (813) 659-4200 ) )
BY THIS BOND, We , as Principal and , a Corporation, as Surety, are bound to the City of Plant City, Florida, a Florida Municipal Corporation, herein called City, in the sum of $ for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 20 , between Principal and City for , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all parties, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays City all losses and damages, including, but not limited to, delay damages, and all expenses, costs, and attorneys fees, including appellate proceedings, that CIty sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Suretys obligation under this bond. DATED ON , 20 Service Provider :
(Service Providers Name)
by:
(Printed Name) (Title) (Signature)
Witnesses:
by:
(Printed Name) (Signature)
by:
(Printed Name) (Signature )
Surety:
(Surety Name)
by:
(Printed Name Attorney In Fact) (Signature)
by:
(Printed Name Florida Licensed Agent) (Signature)
Section 7 Exhibit A - Project Scope and Specifications 1. Scope of Work: To furnish all labor, materials, and equipment necessary to construct the interior build-out of Bing Rooming House and other related tasks necessary for to complete the project in accordance with the project plans and specifications, complete and ready to use, as required by and in strict accordance with the contract documents, specifications, drawings and all addenda.
2. Intent of Documents: The Contract Documents have the following order of authoritative precedence. a. b. c. d. Agreement and Bond General Conditions Special Provisions Technical Specifications
3. Electricity: Electricity as may be required for construction and other purposes connected with this project shall be secured and purchased by the Contractor. 4. Building Permits and Licenses: All permits required by Hillsborough County and/or the City of Plant City shall be secured and purchased by the Contractor. Contractor shall be required to be registered to do business in the State of Florida. Cleanup: The Contractor shall be responsible for a general cleanup of all construction operations. Trash, debris, removed pavement, stripped soil, and excess materials must be hauled away and the premises cleaned and graded to condition at least equal to that existing before the start of construction. Failure to comply fully with this requirement will result in withholding approval by the Engineer of periodic estimates for partial payment. Restore Disturbed Areas: The Contractor shall restore disturbed areas to present or better conditions. Contractor shall videotape the construction area prior to the start of work. Tape shall be given to the City for use in determination of preconstruction conditions.
5.
6.
Exhibit A Page 1 of 5
1. INTERIOR WALLS AND CEILINGS: a) Furnish and install tongue and groove beadboard on interior walls and ceilings in second floor exhibit rooms, office, conference room, storage room, halls and restrooms, per plans finish schedule, page A-5. b) Furnish and install 1 crown molding in second floor exhibit rooms, office, conference room, storage room, halls and restrooms, per plans, page A-5. c) Furnish and install 1 x 6 wooden baseboard per plans, page A-4. d) Furnish and install gypsum wall board in first floor kitchen, living room, bedroom, and bathroom, per plans finish schedule, page A-5. e) Furnish and install batt fiberglass insulation in walls and batt and/or blown fiberglass insulation above ceiling per City of Plant City building codes. 2. FLOORING: Furnish and install flooring as noted below: a) Wood Flooring shall be Bruce BCC1111, 3/4 tongue and groove, square edge solid wood, stain color: Gunstock Link: www.armstrong.com b) Ceramic tile in all restrooms/ bathrooms shall be 1 unglazed porcelain hexagonal mosaic tile, white and black, American Olean or equal. Link: www.americanolean.com c) Thresholds between tile floors in restrooms/ bathroom shall be wood to match Bruce wood flooring noted above. 3. INTERIOR DOORS: Install doors and hardware per door schedule a) Furnish and install doors and hardware on first floor bedroom and bathroom, and second floor exhibit rooms, office, conference room, storage room, and restroom room, per plans, door schedule, page A-5. Note: use existing doors on second floor exhibit rooms, office, conference room and/or storage room (Verify in field with Owner) b) Furnish and install hardware on first floor at entrance to Living Room from Hallway. c) Manufacture for door hardware is Schlage, or approved equal. 4. PLUMBING FIXTURES: Furnish and install following, or approved equal: a) Kitchen - Room 101 Sink ~ Kohler K-R3145-4 Faucet ~ Kohler K-15160-L-CP
b) Bathroom Room 104 Sink ~ Kohler K-2196-4-0 Faucet ~ Delta #2578-LHP with Handle #H277 Toilet ~ Kohler K-3423-RA-0 Tub ~ American Standard Salem 14 #0155.017 Faucet ~ Delta #1348-WS c) Restrooms Room 204 Sink ~ Kohler K-2196-8-0 Faucet ~ Kohler K-10577-4P-CP Toilet ~ Kohler K-3423-RA-0 d) Install Mirrors: 24x 40 in each restroom above sink e) Water Cooler Bottle water dispenser (To be furnished by owner) Plumbing Links www.kohler.com www.deltafaucet.com www.americanstandard-us.com http://www.elkayusa.com/cps/rde/xbcr/elkay/12-24D_EZSTL8C_.pdf 5. ELECTRICAL a) Install wiring and fixtures on second floor and unfinished areas on first floor as noted in electrical plans. 6. HVAC a) Furnish and install flexible ducts on first and second floors, per HVAC plan, page M-1. b) Install split system A/C units per HVAC plan, page M-2. 7. FINISH SELECTION: All paint shall be Benjamin Moore. Follow manufacturers specifications/recommendations for primer type and color. Link: www.benjaminmoore.com a) 1st Floor interior walls and ceiling molding and trim: All doors to be painted: OC-48 hazy skies, stain enamel finish Rooms 105, 106,107, 108, and 109:
Bing Rooming House Stabilization and Restoration Invitation for Bids No. 12-90924-001 Exhibit A Page 3 of 5
Beaded Board walls, ceiling and crown molding shall be painted: OC-59 vanilla milkshake, eggshell finish. Baseboards, headers and window casing shall be painted: OC-48 hazy skies, satin enamel finish Rooms 101,102,103 and 104: Gypsum wallboard walls (level 4 smooth finish) shall be painted Cream Silk OC-115, flat finish Baseboards and window casing shall be painted: OC-48 hazy skies, satin enamel finish b) Kitchen (Room101) Plastic Laminate countertops shall be Wilsonart Laminate #4877-38 Grey Mesh; Kitchen cabinets shall be: Thomasville Braeburn Rustic Alder Burnt Sienna Cabinet pulls shall be: Thomasville M285 on drawers and/or M366 on doors; or approved equal c) Bathroom (Room 104) Bathroom cabinet shall be Thomasville, Asheville Aston Maple Coffee, Bathroom counter top shall be Wilsonart Laminate, #4878-38, Pewter Mesh Cabinet pulls shall be: Thomasville M285 on drawers and/or M366 on doors; or approved equal d) Restroom (Room 109) Bathroom cabinet Thomasville, Cottage Maple Cider Maple Brierwood, Bathroom counter top shall be Wilsonart Laminate, #4878-38, Pewter Mesh Cabinet pulls shall be: Thomasville M285 on drawers and/or M366 on doors; or approved equal Links: www.thomasvillecabinetry.com www.wilsonart.com e) 2nd Floor interior doors, walls and ceiling molding and trim: All doors to be painted: OC-57 white heron, stain enamel finish Walls, ceiling and crown molding shall be painted: OC-116 pale celery, eggshell finish. Baseboards and window casing shall be painted: OC-57 white heron, satin enamel finish f) Restroom (Room 204) Bathroom cabinet Thomasville, Cottage Maple Cider Maple Brierwood, Bathroom counter top shall be Wilsonart Laminate, #4878-38, Pewter Mesh Note: Cabinet/Countertop in Room 204 to be installed @ 42 above finish floor; or approved equal.
8. TERMITE CONTROL a) Furnish and install an EPA-registered termiticide complying with requirements of authorities having jurisdiction, in the appropriate solution to eradicate and prevent termite infestation. Provide quantity required for application at the label volume and rate for the maximum termiticide concentration allowed for each specific use, according to products EPARegistered Label. Post appropriate warning signs in areas during application.
b)
After application of termiticide is completed, submit report for Owners records, including the following: 1. 2. 3. 4. 5. 6. Date and time of application Brand name and manufacturer of termiticide Quantity of undiluted termiticide used Dilutions, methods, volumes, and rates of application used Areas of application Water source for application, if needed
c)
Provide written warranty, signed by applicator and contractor certifying that termite control treatment will prevent infestation of dry wood and/or subterranean termites. Warranty period shall be one year from date of application. If termite activity or damage is discovered during warranty period, re-treat and repair or replace damage caused by termite infestation at no additional cost to Owner.
9. APPLIANCES By Owner Not Included In Bid a) Refrigerator b) Washer/dryer c) Range d) Range hood /microwave combination: Apsco with recirculating fan 10. WINDOW TREATMENTS By owner not included in bid
Section 7 Exhibit B General Conditions 1. Definitions: Wherever used in any of the Contract Documents, the meaning shall be given to the terms herein defined: 1.1 The term "Contract" means the agreement executed by the Owner and the Contractor of which these General Conditions form a part. 1.2 The term "Owner" means the governing body of the City of Plant City.
1.3 The term "Contractor" means the person, firm or corporation to whom the herein contract is awarded by the Owner and who is subject to the terms hereof. 1.4 The term "Subcontractor" means a person, firm or corporation supplying services and materials, labor and materials, or only services or labor for work in connection with the project. 1.5 The term "Engineer" means the authorized representative of the Owner employed to provide engineering supervision and/or inspection of the work performed by the Contractor, and where the term "Owner" is used in connection with the interpretation of the drawings and specifications, or in connection with the provisions of same, the Engineer, as the Owner's representative, shall have authority to act. 1.6. The term "Contract Documents" - The Contract Documents are composed of the Invitation to Bid, Instructions to Bidders, Proposal and Bid Form, Construction Agreement Form, Form(s) of Bond(s), General Conditions, if any, Special Provisions, Technical Specifications, the drawings, and any addenda thereto predating the Construction Agreement. 2. Engineer as Referee: It is agreed by the parties hereto that the Engineer shall decide all questions which may arise relative to the interpretation of the Plans, Specifications, and other Contract Documents, pertaining to the character, quality, amount and value of any work done, and of the materials furnished under or by reason of this Contract. Her estimates and decisions upon all such claims and questions shall be final and conclusive upon the parties thereto. 3. 3.1 Notice and Service Thereof: All notices, demands, requests, instruction, approvals and claims shall be in writing.
3.2 Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor as specified in the bid (or at such other office as the Contractor may from time to time designate to the Owner in writing), or if deposited in the United States mail in a sealed, postage-paid envelope, or delivered, with charges prepaid, to any telegraph company for transmission, in each case addressed to such office. 3.3 All papers required to be delivered to the Owner shall, unless otherwise specified in writing to the Contractor, be delivered to the office of the Owner as specified in Instructions to Bidders and any notice to or demand upon the Owner shall be sufficiently given if delivered to said office or if
Bing Rooming House Stabilization and Restoration Invitation for Bids No. 12-90924-001 Exhibit B Page 1 of 12
deposited in the United States mail in a sealed, postage prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case properly addressed to said Owner may subsequently specify in writing to the Contractor for such purposes. 3.4 Any such notice or demand to the Contractor or to the Owner shall be deemed to have been given or made as of the time of actual delivery or, in the case of mailing, when the same should have been received in due course, or, in case of telegram, at the time of actual receipt, as the case may be. 4. Contract Security: The Contractor shall furnish a surety bond in an amount equal to not less than ONE HUNDRED PERCENT (100%) of the contract price as security for the faithful performance of this contract and for the payment of all persons furnishing services and/or labor and/or materials for the project in connection with this contract, and shall indemnify and save harmless the said Owner from all costs, expenses, and damages from all suits, actions or claims of any character, name and description brought for, or on account of, or arising out of, any act or omission, neglect or misconduct of the said Contractor in the performance or execution of this contract. Said surety shall be held until any and all of such suits, actions or claims have been settled and suitable evidence to that effect has been furnished to the Owner. The surety on such bond shall be a duly authorized surety company satisfactory to the Owner. 5. Assignment: The Contractor shall not assign the whole or any part of this contract, or any monies due or to become due hereunder, without written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under the contract, the instrument of assignment shall contain a clause to any monies due or to become due to the Contractor shall be subject to prior lines of all persons, firms and corporations for the services rendered or for labor performed or for materials supplied for the performance of the work called for in this contract. 6. Contractor's and Subcontractor's Insurance: The Contractor shall not commence work under this contract nor shall he allow any Subcontractor to commence work until the Contractor has obtained all the insurance required under this Section and such insurance has been approved by the Owner. 6.1 Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance for all of his employees to be engaged in work on the project under this contract, and in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workmen's Compensation Insurance for all the labor's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees not otherwise protected. The Contractor shall indemnify and hold the City harmless for any claim made by the Subcontractor for workman's compensation. 6.2 Contractor's Comprehensive Liability and Property Damage Insurance: The Contractor shall procure and shall maintain during the life of this contract. Contractors Comprehensive Liability
Bing Rooming House Stabilization and Restoration Invitation for Bids No. 12-90924-001 Exhibit B Page 2 of 12
Insurance in an amount satisfactory to the Owner, but not less than $250,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $500,000. This insurance shall be maintained with an insurance company or companies licensed to do business in the state in which the Contractor shall perform his contractual services. 6.3 Subcontractor's Comprehensive Liability and Property Damage Insurance: The Contractor shall require each of his Subcontractor's to procure and maintain during the life of his contract Subcontractor's Comprehensive Liability and Property Damage Insurance coverage in amounts satisfactory to the Contractor for his own protection, with an insurance company or companies licensed to do business in the state in which the Subcontractor shall perform his contractual services. 6.4 Scope of Insurance and Special Hazards: The insurance required shall provide adequate protection for Contractor and his Subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by the insured or by anyone directly or indirectly employed by him, and also against any of special hazards which may be encountered in the performance of this contract. 6.5 Proof of Carriage of Insurance: The Contractor shall furnish the Owner with satisfactory proof of carriage of the insurance required, but the failure to provide adequate insurance shall not relieve the Contractor's responsibility to protect the Owner wholly from all such claims and damage 7. Accident Prevention: Precaution shall be exercised the use of modern safety rules and practices at all times for the protection of persons (including employees)and property, and hazardous conditions shall be guarded against or eliminated. 8. Qualifications for Employment: No person shall be employed in violation of the State or the National Labor Laws. No person under the age of sixteen years shall be employed on the project under this contract. No person whose age or physical condition is such as to make this employment dangerous to his health or safety or to the health or safety of others shall be employed on the project under this contract; provided, that shall not operate against the employment of physically handicapped persons, otherwise employable, where such persons may be safety assigned to work which they can ably perform. No person currently serving a sentence in a penal or correctional institution although paroled and no inmate of an institution for the mentally challenged shall be employed on the project under this contract 9. Licenses, Permits, Construction and Employment Practices: All Bidders shall be licensed Contractors and shall provide evidence of a valid Florida license and certification with the bid submittal. Contractors are also required to comply with all laws, regulations, safety codes, and building and construction codes which apply to construction performed under this contract, also with all applicable Federal and State regulations in respect to employees' wages and hours.
Exhibit B Page 3 of 12
10. Substitutions: Unless otherwise stated, reference in the specifications to any article, device, product, materials, fixture, form, or type of construction, etc., by name, make or catalogue number, shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition, and the Contractor, in such cases, may at his option use any article, device, product, material, fixture, form or type of construction which in the judgment of the Owner, expressed in writing, is equal to that named. 11. Patents: The Contractor shall hold and save the Owner and his officers, agents, servants, and employees harmless from liabilities of any nature or kind, including costs and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the contract, including its use by the Owner at any time during the prosecution or after completion of the work unless otherwise specifically stipulated in the Contract Documents. 12. Time for Completion: The work shall be commenced at the time stated in the notice to the Contractor to proceed and shall be completed in the number of consecutive calendar days stated in the Proposal and Bi Form. 13. Delays - Damages: 13.1 If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in the Instructions to Bidders, or any extension thereof, or fails to complete said work within such time, the Owner may, by written notice to the Contractor, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor and his sureties shall be liable to the Owner for any excess cost occasioned the Owner thereby. If the Contractors right to proceed is too terminated, the Owner may take possession of and utilize in completing the work such materials, appliances and plants as may be on the site of the work and necessary therefor. If the Owner does not terminate the right of the Contractor to proceed, the Contractor shall continue the work, in which event the actual damage of the delay will be impossible to determine and in lieu thereof the Contractor shall pay to the Owner as fixed, agreed and liquidated damages for each calendar day of delay until the work is completed or accepted the amount as set forth in the Instructions to Bidders and the Contractor and his sureties, jointly and severally, shall be liable for the amount thereof. Provided, that the right of the Contractor to proceed shall not be terminated nor the Contractor charged with liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, the unusually severe weather, or delays of Subcontractors due to such causes, if the Contractor shall within ten (10) days from the beginning of any such delay (unless the Owner shall grant a further period of time prior to the date of final settlement of the contract) notify the Engineer in writing of the causes of delay. The Engineer shall ascertain the facts and the extent of the delay and extend the time for completing the work when in his judgment the findings of fact justify such an extension, and his findings of fact thereon shall be final and conclusive on the parties hereto, subject only to appeal within thirty (30) days by the Contractor to the Owner, whose decision on such appeal as to the facts of delay and extension of time for completion the work shall be final and conclusive on the parties hereto.
13.2 Where actual damages for any delay in completion contemplated by this section and section 14 are impossible of determination by reason of the Owner's election under said sections not to terminate the right of the Contractor to proceed, the Contractor and his sureties, jointly and severally, shall be liable for and shall pay to the Owner, as set forth in the Instructions to Bidders, agreed and liquidated damages for each calendar day of such delay until the work is completed or accepted; provided, that the Owner may accept the work if there has been such a degree of completion as will, in the Owner's opinion, make the project reasonably safe, fit and convenient for the use and accommodation for which it was intended. In such case, the Contractor shall not be charged with liquidated damages, but the Owner may assess damages caused by such delay. 14. Right to the Owner to Terminate Contract: If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper materials, or if he should refuse or fail to make prompt payment to persons supplying labor or materials for the work under the Contract, or persistently disregard instructions of the Engineer or fail to observe or perform any provisions of the Contract Documents, or otherwise be guilty of a substantial violation of any provisions of the Contract Documents, then the Owner may, by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other right or remedies of the Owner in the premises, terminate the Contractor's right to proceed with the work. In such event, the Owner may take over the work and prosecute the same to completion, by contract or otherwise and the Contractor and his sureties shall be liable to the Owner for any excess cost occasioned to the Owner thereby; and in such case the Owner may take possession of and utilize in completing the work such materials, appliances, and plant as may be on the site of the work and necessary therefor. The foregoing provisions are in addition to, and not in limitation of, the rights of the Owner under any other provisions of the Contract Documents. 15. Character of Workmen and Equipment: The Contractor shall employ such superintendents, foremen and workmen as are careful and competent. Whenever the Engineer shall determine that any person employed by the Contractor is, in her opinion, incompetent, disorderly or insubordinate, such person(s) shall, upon notice, be discharged from the work and shall not again be employed on it except with the written consent of the Engineer. 15.1 Should the Contractor fail to remove such person or persons, or fail to furnish suitable or sufficient machinery, equipment or force for the proper prosecution of the work the Engineer may withhold all estimates which are, or may become due, or may suspend the work until such orders are complied with. 15.2 The equipment used on any portion of the work shall be such that no injury to adjacent property or to streets or highways will result from its use; equipment shall be modern, in good condition, and adequate in size to perform the work in satisfactory time intervals. No item of machinery or equipment, after once being placed on the work site, shall be removed without the consent of the Engineer. 16. Use of Premises:
16.1 The Contractor shall confine his apparatus, storage of materials, and construction operations to such limits as may be directed by the Owner and shall not unreasonably encumber the premises with his materials. Any damage done to public or private property shall be repaired at the Contractors expense to the preconstruction condition or better. It is mandatory that a preconstruction video be made to determine actual preconstruction conditions should a dispute arise. Be sure to note address, type of sod, any existing damage and show these items on the video.
16.2 The Contractor shall not load or permit any part of any structure to be loaded to such an extent as to endanger its safety. 16.3 The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of these employees as is necessary to comply with the requirements and regulations of the State Department of Environmental Regulation and Health Department. He shall commit no public nuisance. 16.4 The Contractor shall conduct the work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the work in a manner satisfactory to the Engineer. Materials and equipment stored on the work site shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 16.5 Streets shall not be closed, except when and where approved by the Engineer, and whenever the street is not closed, the work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the work the Contractor shall provide and maintain a passable driveway approved by the Engineer. 16.5.1 Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases. The Engineer's Office, the Fire Department and Police Department having jurisdiction shall immediately be notified by telephone or otherwise upon the closing and or opening of each street or section thereof. Street closures require a minimum of 24 hours notice. 16.6 The Contractor shall provide, erect and maintain, at his own expense, barricades, danger warnings and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or night and take all other precautions that may be necessary; he shall maintain proper guards and lights for the preventions of accidents, upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the work and public convenience and safety. 16.7 Fire hydrants on or adjacent to the work shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 16.8 Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosecution of this Contract, and in no case will their use be permitted within the municipality without the written permission of the City Engineer. 16.8.1 Where such permission for the use of explosives is obtained, the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly "DANGEROUS EXPLOSIVES", and shall be in care of competent watchmen. 16.9 It shall be the responsibility of the Contractor to contact the Fire and Police Departments having jurisdiction in the area where the work is being performed to obtain from them a summary of
the information which should be provided to them while work is in progress. It shall then be the Contractor's responsibility to provide them with all such data. 17. Materials, Services and Facilities:
17.1 It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence and temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. 17.2 Any work necessary to be performed after regular working hours, or on Sundays or legal holidays, shall be performed without additional expense to the Owner. 18. Warranty of Title:
18.1 No material, supplies, or equipment for the work shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises together with all improvements and appurtenances constructed or placed thereon by him to the Owner free from any claims, liens, or charges and further agrees that neither he nor any person, firm or corporation furnishing any materials or labor for any work covered by this contract shall have any right to a lien upon the premises of any improvements or appurtenances thereon, provided that this shall not preclude any Contractor from installing metering devices and other equipment of utility companies or of municipalities, the title to which is commonly retained by the utility company or the City. In the event of the installation of any such metering device or equipment, the Contractor shall advise the Owner as to the Owner thereof. Nothing contained in this section, however, shall defeat or impair the right of such persons to look to funds due the Contractor in the hands of the Owner. The provisions of this section shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 19. Payment by Contractor:
19.1 The Contractor shall pay for all transportation and utility services not later than the 20th day of the calendar month following that in which such services are rendered. 19.2 For all materials, tools and other expendable equipment to the extent of ninety (90) percent of the cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof not later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and to each of his Subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his Subcontractor, to the extent of each Subcontractor's interest therein. 20. Subcontracting:
20.1 The Contractor shall utilize the services of specialty Subcontractors on those parts of the work under normal contracting practices are performed by specialty Subcontractors; provided, that if
the Owner shall determine that the specialty work in question has been customarily performed by the Contractor's own organization and that such organization is presently competent to perform such work, the Contractor shall be permitted to do so. 20.2 The Contractor shall not award any work to any Subcontractor without prior written approval of the Owner, when approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the Subcontractors, which statement shall contain such information as the Owner may require. 20.3 The Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. 20.4 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any of the Contract Document. 20.5 Nothing contained in this contract shall create any contractual relation between any Subcontractor and the Owner. 21. Mutual Responsibility of Contractors: If through acts of neglect on the part of the Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement of arbitration, if such other Contractor or Subcontractor will so settle. If such Contractor or Subcontractor shall assert any claim against the Owner on account of any damage alleged to have been so sustained the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 22. Inspection: The Owner and his authorized representatives and agents shall be permitted to inspect all work, materials, payrolls, records and personnel invoices of materials, and other relevant data and records. 23. Inspection and Testing of Materials: Unless otherwise specifically provided for in the specifications, the inspections and testing of materials and finished articles to be incorporated in the work at the site shall be made by bureaus, laboratories, or agencies approved by the Owner. The Contractor shall furnish evidence satisfactory to the Owner that the materials and finished articles have passed the required tests prior to the incorporation of such materials and finished articles in the work. The Contractor shall promptly segregate and remove rejected materials and finished articles from the site of the work. All costs related to material testing shall be paid by the Contractor under the allowance. The City will pay for all passing tests. The City will not pay for standby time or failed tests. 24. Coordination of Plans and Specifications: The specifications, plans and all supplementary documents are essential parts of the Contract. Any requirements occurring in one is as binding as though occurring in all Items shown on the plans and not noted in the specifications, and items noted in the specifications but not shown on the plans are to be considered as shown on the plans and noted in the specifications. Any errors or omissions as to applicable jurisdictional standards of work in the specifications or on the plans shall not relieve the Contractor of the obligation to furnish a strictly first class job in strict accord with best practice to be found in work of a similar nature.
25. Fitting and Coordination of the Work: The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operation of all trades, Subcontractors, or material men engaged upon the work. He shall be prepared to guarantee to each of his Subcontractors the dimensions which they may require for the fitting of their work to all surrounding work and shall do, or cause his agents to do, all cutting, fitting, adjusting, and patching necessary to make the several parts of the work come together properly and to fit the work to receive or be received by that of other Contractors. 26. Construction Schedule and Periodical Estimates: Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner a construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amounts of each monthly payment that will become due the Contractor in accordance with the progress schedule. 27. Drawings:
27.1. The general character and scope of the work are illustrated by the drawings accompanying the Contract Documents. Where necessary the approved plans will be supplemented by the Engineer with such full scale details, sketches, etc., as are necessary to adequately control the work. It is mutually agreed that all authorized alterations affecting the requirements and information given on the approved plans shall be in writing. 27.2 Where the word "similar or equal" occurs on the drawings, it shall be interpreted in its general sense and not as meaning identical, and all details shall be worked out in relation to their location and connection to other parts of the work. 27.3 Where on any of the drawings a portion of the work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply also to all other like portions of the work. Where ornament or other detail is indicated by starting only, such detail shall be continued throughout the courses or parts in which it occurs and shall be continued throughout the courses or parts in which it occurs and shall also apply to all other similar parts in the work, unless otherwise indicated. 28. Payment to Contractor:
28.1 No later than the 15th day of each calendar month the Owner will make a partial payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of this contract, the Owner will retain the proper performance of this contract, the Owner will retain ten(10) percent of the amount of each estimate until final completion and acceptance of all work covered by this contract, or until such time when this contract, or until such time when the total amount of the retainage is greatly in excess of the value of the uncompleted portion of the Contract work, where upon the Owner may allow the Contractor a portion of this suspended payment, provided that the Owner shall at all times retain an amount sufficient to enable him to complete work in the Contract and to liquidate unsatisfactory claims. 28.2 In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration. 28.3 The monthly payments shall be approximate only, and all partial estimates and payments
shall be subject to correction in the final estimate and final payment. 28.4 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be constructed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damage work, or as a waiver of the right of the Owner to require the fulfillment of all the terms of the contract. 29. Change in Work:
29.1 The Owner may at any time, by a written order, and without notice to the sureties, make changes in the drawings and specifications of this Contract and within the general scope thereof. In making any change, the charge or credit for the change shall be approximately determined by the Owner in one of the following methods prior to the issuance of the order for the changed work. 29.1.1 The order shall fix the total lump sum value of the change in the work of the Contractor, and shall set out the price which shall be added to or deducted from the Contract Price (which price shall include the Contractor's overhead and profit). On any change which involves a net credit to the Owner, no allowance for overhead and profit shall be figured. 29.1.2 By estimating the number of unit quantities of each part of the work which is changed and then multiplying the estimated number of such unit quantities by the price (which price shall include the Contractor's overhead and profit) for a unit quantity thereof. 29.1.3 By ordering the Contractor to proceed with the work and to keep and present, in such form as the Owner may direct, a correct account of the cost of the change together with all vouchers therefor. Cost may include an allowance for overhead and profit, all items of labor or materials, the use of power tools and equipment actually used, power and all items of cost such as public liability and workmens compensation insurance, pro-rata charges for foremen, also social security, old age and unemployment insurance; however, no percentage of overhead and profit shall be allowed on items of social security, old age and unemployment insurance. If deductions are ordered, the credits shall be the net cost. Among the items considered as overhead are included insurance other than mentioned above, bond or bonds, superintendent time-keeper, clerks, watchmen, use of small tools, incidental job burdens, and general office expense. 29.2 The Contractor shall, when required by the Owner, furnish to the Owner an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. 29.3 In figuring changes, instructions for measurement of quantities set forth in the specifications shall be followed. 29.4 Should the Contractor encounter, or the Owner discover, during the progress of the work subsurface or latent conditions at the site materially differing from those shown on the drawings or indicated in the specifications, or unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of character provided for in the drawings and specifications, the attention of the Owner shall be called immediately to such conditions before they are disturbed. The Owner shall thereupon promptly investigate the conditions, and if he finds that they do so materially differ the Contract shall, with the written approval of the Owner, be modified to provide for any increase or decrease of cost or difference in time resulting from such conditions.
30. Extras: Except as otherwise herein provided, nor charge for any extra work or material will be allowed unless the same has been ordered in writing by the Owner and the price stated in such work ordered. 31. Claims for Extra Cost: If the Contractor claims that any instructions by drawings or otherwise involve extra cost or an extension of time, he shall so notify the Owner in writing ten (10) days after the receipt of such instructions and in any event before proceeding to execute the work. Thereafter, the procedure shall be the same as that described in Section 30, above, for changes in work. No such claim shall be valid unless made in accordance with the terms of this section. 32. Deductions for Uncorrected Work: If the Owner deems it inexpedient to require the Contractor to correct work injured or not performed in accordance with the Contract Documents, and equitable deduction from the contract price shall be made by agreement between the Owner and Contractor. 33. Contractor's Responsibility for Work: Until acceptance of the work by the Owner it shall be under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to the work by the action of the elements or from any other cause whatsoever, including but without being limited to injury or damage arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance. 34. Final Inspection: When the work is substantially completed, the Contractor shall notify the Owner in writing that the work will be ready for final inspection on a definite date which shall be stated in such notice. Such notice shall be given at least five (5) days prior to the date stated for final inspection 35. Right of Recovery: Should an error be discovered in the partial or final estimates after the final payment has been made, the Owner reserves the right to claim and recover by process of law such sums as may be sufficient to correct the error. 36. General Guarantees: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire use or occupancy of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting there from which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice to observed defects with reasonable promptness. Before final payment the Contractor must provide final release of liens and consent of surety for final payment. 37. Termination of Responsibility: This contract will be considered complete when all work has been accomplished, cleanup of the premises has been made and the work has been accepted by the Engineer after making final inspection, and the final estimate has been paid. Upon this final payment the Owner shall be released from all liability whatever growing out of this contract. The Contractor will then be released from further obligation except as set forth in Sections 4, 11 and 37 of the General Conditions. 38. Indemnification:
38.1 The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees 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 there from; and b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them 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. 38.2 In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way or benefits payable by or for the Contractor or any Subcontractor under Workmen's Compensation acts, disability benefit acts or other employee benefit acts. 39. References: Any reference in this document to any specification, publication, or test method shall be construed as meaning the latest edition, revision, change, or modification of same.
Section 7 Exhibit C Federal Labor Standards Provision
The work to be performed under this Contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and subject to the included federal Labor Standards Provisions. General Decision Number: FL100117 09/30/2011 FL117 Superseded General Decision Number: FL20080117 State: Florida Construction Type: Building County: Hillsborough County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 1 03/26/2010 2 04/09/2010 3 05/21/2010 4 07/23/2010 5 10/08/2010 6 05/13/2011 7 09/30/2011 * CARP1000-002 07/01/2011
Rates Fringes
MILLWRIGHT.......................$ 27.93 10.64 ---------------------------------------------------------------ELEC0915-002 12/01/2009 Rates ELECTRICIAN All building work other than Industrial Work which includes Telephone, Utility Companies, and Water Treatment Plants and also excludes Educational, Theme Park, Hospital Facilities, and all building work under $200,000 or less............$ 22.07 Fringes
34%+$0.22
Exhibit C Page 1 of 6
Educational, Theme Park, Hospital Facilities, and all building work under $200,000 or less, excluding Telephone, Utility Companies and Water Treatment plants......$ 19.69 34%+$0.22 ---------------------------------------------------------------ENGI0925-003 07/01/2010 Rates Fringes
OPERATOR: Crane Crawler Cranes; Truck Cranes; Pile Driver Cranes; Rough Terrain Cranes; and Any Crane not otherwise described below...$ 27.91 10.59 Hydraulic Cranes Rated 100 Tons or Above but Less Than 250 Tons; and Lattice Boom Cranes Less Than 150 Tons if not described below.$ 28.91 10.59 Lattice Boom Cranes Rated at 150 Tons or Above; Friction Cranes of Any Size; Mobile Tower Cranes or Luffing Boom Cranes of Any Size; Electric Tower Cranes; Hydraulic Cranes Rated at 250 Tons or Above; and Any Crane Equipped with 300 Foot or More of Any Boom Combination.................$ 29.91 10.59 OPERATOR: Mechanic..............$ 27.91 10.59 OPERATOR: Oiler.................$ 21.38 10.59 OPERATOR: Boom Truck.............$ 27.91 10.59 ---------------------------------------------------------------IRON0397-001 07/01/2010 Rates Fringes
IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL.......$ 26.67 11.16 ---------------------------------------------------------------PAIN0088-002 07/01/2008 Rates Fringes
PAINTER: Spray Only.............$ 16.00 6.85 ---------------------------------------------------------------PAIN1010-003 07/01/2006 Rates GLAZIER..........................$ 20.00 Fringes 6.65
---------------------------------------------------------------PLUM0123-001 05/01/2011 Rates Fringes
PIPEFITTER (HVAC Pipe Installation Only)...............$ 23.65 12.35 ---------------------------------------------------------------* SHEE0015-002 07/01/2009 Rates Fringes
SHEET METAL WORKER (Installation of HVAC Duct Only)............................$ 21.52 12.49 ---------------------------------------------------------------* SUFL2009-014 05/22/2009 Rates ACOUSTICAL CEILING MECHANIC......$ 13.00 BRICKLAYER.......................$ 18.00 CABINET INSTALLER................$ 17.75 CARPENTER, Includes Form Work (Excludes Acoustical Ceiling Installation, Cabinet Installation, and Drywall Hanging).........................$ 17.23 CEMENT MASON/CONCRETE FINISHER...$ 13.76 DRYWALL FINISHER/TAPER...........$ 13.00 DRYWALL HANGER...................$ 14.00 FENCE ERECTOR....................$ 7.25 Fringes 0.00 0.00 0.00
4.23 0.00 0.00 0.00 0.19 3.03 0.00 2.42 0.00 0.00
INSULATOR - PIPE & PIPEWRAPPER...$ 13.13 LABORER: LABORER: LABORER: LABORER: Asphalt Shoveler.......$ 7.88
Common or General......$ 12.23 Concrete Saw...........$ 12.63 Mason Tender - Brick...$ 15.12
LABORER: Mason Tender Cement/Concrete..................$ 12.83 LABORER: LABORER: Pipelayer..............$ 12.31 Roof Tearoff...........$ 8.44
1.90 1.19 0.00
LABORER: Landscape and Irrigation.......................$ 12.00 OPERATOR: Blade/Grader, Including Finishing..............$ 13.73 OPERATOR: OPERATOR: OPERATOR: OPERATOR: OPERATOR: OPERATOR: OPERATOR: OPERATOR: OPERATOR: OPERATOR: OPERATOR: OPERATOR: Asphalt Spreader......$ 11.41 Backhoe/Excavator.....$ 11.00 Bulldozer.............$ 15.01 Distributor...........$ 12.37 Forklift..............$ 14.00 Loader................$ 13.80 Paver.................$ 11.69 Pump..................$ 19.00 Roller................$ 10.68 Screed................$ 11.34 Tractor...............$ 9.91
0.00
0.00 0.00 0.00 0.00 0.00 0.00 1.79 0.00 0.00 0.00 0.00 0.00 0.00
Trencher..............$ 11.75
PAINTER, Including Brush and Roller...........................$ 15.00 PIPEFITTER (Excluding HVAC Pipe Installation)...............$ 17.83 PLUMBER (Excluding HVAC Pipe Installation)....................$ 14.39 ROOFER (Metal Roofs Only)........$ 14.26 ROOFER, Including Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply and Slate & Tile (Excluding Metal Roof)......................$ 13.68 SHEET METAL WORKER, Excludes Installation of HVAC Duct........$ 18.79 SPRINKLER FITTER (Fire Sprinklers)......................$ 18.75 TILE SETTER......................$ 15.63 TRUCK DRIVER: Dump Truck........$ 10.00
0.00
0.00
2.16 0.59
0.00
3.21
4.90 0.00 0.00
TRUCK DRIVER: Lowboy Truck......$ 12.09 0.00 ----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
======================================================== Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). -----------------------------------------------------------------In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. -----------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage a conformance (additional classification and rate) ruling
determination matter
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour
Bing Rooming House Stabilization and Restoration Invitation for Bids No. 12-90924-001 Exhibit C Page 5 of 6
Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
FIXED PRICE CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR

This FIXED PRICE CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR (the "Contract") is made and entered into by and between the City of Plant City, a Florida Municipal Corporation (the "City"), on behalf of the Owner, Improvement League of Plant City, Incorporated, a Florida non-profit corporation (the "Owner") and _____________________________________________ ____________________________________________(the "Contractor"). This Contract is executed under seal, and shall be effective on ___________________________ (Effective Date). This Contract is for the construction of a project identified as Bing Rooming House Interior Build-Out (the "Project"). NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree:
1. DOCUMENTS INCORPORATED BY REFERENCE
This Contract includes the plans and specifications for the Project identified thereon as such, plus the following (if any): Invitation to Bid #12-90924-001, Instructions to Bidders, Executed Bid Form, General Conditions, Special Provisions, Technical Specifications, Payment and Performance Bond, and Construction Plans prepared by Stephanie Ferrell, FAIA dated September 17, 2007, all of which are hereby incorporated herein by reference and made a part hereof. Change Orders issued hereafter, and any other amendments executed by the City and the Contractor, shall become and be a part of this Contract. Documents not included or expressly contemplated in this Paragraph 1 do not, and shall not, form any part of this Contract.
2. REPRESENTATIONS OF THE CONTRACTOR
In order to induce the City to execute this Contract and recognizing that the City is relying thereon, the Contractor, by executing this Contract, makes the following express representations to the City: (A) The Contractor is fully qualified to act as the contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the contractor for, and to construct, the Project;
Bing Rooming House Stabilization and Renovation Invitation for Bids No. 12-90924-001 Agreement Page 1 of 23
(B) The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; (C) The Contractor has received, reviewed and carefully examined all of the documents which make up this Contract, including, but not limited to, the plans and specifications, and has found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. (D) Contractor warrants good right and title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver to City all material, supplies, and equipment installed or incorporated in the work constructed free of any claims, liens, or charges.
3. INTENT AND INTERPRETATION
With respect to the intent and interpretation of this Contract, the City and the Contractor agree as follows: (A) This Contract, together with the Contractor's and Surety's Payment and Performance Bonds for the Project, if any, constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. This Contract also supersedes any bid documents; (B) Anything that may be required, implied or inferred by the documents which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; (C) Nothing contained in this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; (D) When a word, term, or phrase is used in this Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; (E) The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation"; (F) The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract; (G) The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up this Contract, shop drawings, and other
submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents before proceeding with the affected work. The express or implied approval by the City of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The City has prepared, or had someone prepare, documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, THE CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. The Contractor again hereby acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representations or warranties by the City concerning such documents, as no such representations or warranties have been or are hereby made; (H) In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, the following shall control: (1) As between figures given on plans and scaled measurements, the figures shall govern; As between large scale plans and small scale plans, the large scale plans shall govern; As between plans and specifications, the requirements of the specifications shall govern; As between this document and the plans or specifications, this document shall govern. The Citys representative shall be the City Manager.
4. OWNERSHIP OF THE DOCUMENTS WHICH MAKE UP THE CONTRACT
(2)
(3)
(4) (I)
The documents which make up this Contract, and each of them, as well as any other documents furnished by the City, shall remain the property of the City. The Contractor shall have the right to keep one (1) copy of the Contract upon completion of the Project; provided, however, that in no event shall the Contractor use, or permit to be used, any portion or all of such Contract on other projects without the City's prior written authorization.
5. CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the work required, implied or reasonably inferable from this Contract including, but not limited to, the following:
Bing Rooming House Stabilization and Renovation Invitation for Bids No. 12-90924-001
Agreement Page 3 of 23
(A) (B)
Construction of the Project; The furnishing of any required surety bonds and insurance;
(C) The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits required for the construction of the Project; (D) The creation and submission to the City of detailed and comprehensive as-built drawings depicting all as-built construction. Said as-built drawings shall be submitted to the City upon final completion of the Project and receipt and approval of same by the City shall be a condition precedent to final payment to the Contractor.
6. TIME FOR CONTRACTOR'S PERFORMANCE
(A) The Contractor shall commence the performance of this Contract within ten (10) calendar days of written notice to proceed and shall diligently continue its performance to and until final completion of the Project. The Contractor shall accomplish Substantial Completion of the Project on or before one hundred twenty (120) calendar days from written notice to proceed; (B) The Contractor shall pay the City the sum of Two Hundred and No/100 Dollars ($200.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing this Contract. When the City reasonably believes that Substantial Completion will be unexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; (C) The term "Substantial Completion", as used herein, shall mean that point at which the Project is at a level of completion in strict compliance with this Contract such that the City or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion; (D) All limitations of time set forth herein are material and are of the essence of this Contract.
7.
FIXED PRICE AND CONTRACT PAYMENTS
(A) The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of _____________________________________________ Dollars ($____________________). The price set forth in this Subparagraph 7(A) shall constitute the Contract Price, which shall not be modified except by Change Order as provided in this Contract; (B) Within ten (10) calendar days of the effective date hereof, the Contractor shall prepare and present to the City the Contractor's Schedule of Values apportioning the Contract Price among the different elements of the Project for purposes of periodic and final payment. The Contractor's Schedule of Values shall be presented in whatever format, with such detail, and backed up with whatever supporting information the City requests. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. The violation of this provision by the Contractor shall constitute a material breach of this Contract. The Contractor's Schedule of Values will be utilized for the Contractor's Payment Requests but shall only be so utilized after it has been acknowledged in writing by the City; (C) The City shall pay the Contract Price to the Contractor in accordance with Section 218.70, Florida Statutes (Local Government Prompt Payment Act) and the procedures set forth in this Paragraph 7. On or before the 1st day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a Payment Request for the period ending the 15th day of the month to the following: James R. McDaniel Community Services Director City of Plant City 302 West Reynolds Street Plant City, FL 33563 With a copy to: Kenneth W. Buchman, Esq. City Attorney City of Plant City 302 West Reynolds Street Plant City, FL 33563
Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for ninety percent (90%) of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Notwithstanding anything herein to the contrary, Contractor shall not be paid for equipment and materials until after installation.
Each such Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of work has reached the level for which payment is requested, that the work has been properly installed or performed in strict compliance with this Contract, and that the Contractor knows of no reason why payment should not be made as requested. Thereafter, the City shall review the Payment Request and may also review the work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by this Contract. The City shall approve in writing the amount which, in the opinion of the City, is properly owing to the Contractor. The City shall make payment to the Contractor in accordance within twenty-five (25) business days after the date of which the Payment Request is stamped as received as provided in Section 218.74(1), Florida Statutes. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by this Contract. The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed Waiver of Right of Claim Against the Payment Bond in the form as provided in Section 255.05, Florida Statutes, from all subcontractors, materialmen, suppliers and other person or entity who has, or might have a claim against the City for the work done on the Owners property. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all work included in such payment shall be vested in the City; (D) When payment is received from the City, the Contractor shall immediately pay all subcontractors, materialmen, laborers and suppliers the amounts they are due for the work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, materialman, laborer, or supplier within 10 days after the Contractors receipt of payment, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, materialman, laborer, or supplier as joint payees. Such joint check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check and shall not be deemed to commit the City to repeat the procedure in the future; (E) Neither payment to the Contractor, utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any work of the Contractor not strictly in compliance with this Contract; (F) The City shall have the right to refuse to make payment and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: (1) The quality of a portion, or all, of the Contractor's work not being in accordance with the requirements of this Contract; (2) The quantity of the Contractor's work not being as represented in the Contractor's Payment Request, or otherwise;
(3) Substantial
The Contractor's rate of progress being such that, in the City's opinion, Completion or final completion, or both, may be unexcusably delayed;
(4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project-related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) (6) (7) Claims made, or likely to be made, against the City or the Owners property; Loss caused by the Contractor; The Contractor's failure or refusal to perform any of its obligations to the City.
In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 7(F), the Contractor shall promptly comply with such demand; (G) If within thirty (30) days from the date payment to the Contractor is due, the City, without cause or basis hereunder, fails to pay the Contractor any amounts then due and payable to the Contractor, the Contractor shall have the right to cease work until receipt of proper payment after first providing ten (10) days' written notice of its intent to cease work to the City. Any payment not made within thirty (30) days after the date due shall bear interest at the rate of twelve percent (12%) per annum; (H) When Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish to the City a proposed punch list listing of those matters yet to be finished. The City will thereupon conduct an inspection to confirm that the work is in fact substantially complete and shall upon determining that the work is substantially complete, shall review and revise, if necessary, the proposed punch list. Upon its confirmation that the Contractors work is substantially complete, the City will so notify the Contractor in writing and will therein set forth the date of Substantial Completion and furnish the final punch list of items that need to be completed for final completion. If the City, through its inspection, fails to find that the Contractor's work is substantially complete, and is required to repeat all, or any portion, of its Substantial Completion inspection, the Contractor shall bear the cost of such repeat inspection(s) which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by this Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to ninety percent (90%) of the Contract Price less any amounts attributable to liquidated damages, and less the reasonable costs as determined by the City for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims; (I) When the Project is finally complete and the Contractor is ready for a final inspection, it shall notify the City thereof in writing. Thereupon, the City will perform a final inspection of the Project. If the City confirms that the Project is complete in full accordance with this Contract and that the Contractor has performed all of its obligations to the City hereunder, the City will furnish a final Approval for Payment and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the City is
unable to issue its final Approval for Payment and is required to repeat its final inspection of the Project, the Contractor shall bear the cost of such repeat inspection(s), which costs may be deducted by the City from the Contractor's final payment; (J) If the Contractor fails to achieve final completion within 30 days of (i) Substantial Completion, or (ii) the Citys delivery to the Contractor of the punch list described in Subparagraph 7(H) herein, whichever is later, the Contractor shall pay the City the sum of One Hundred and No/100 Dollars ($100.00) per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at or before the time of executing this Contract. When the City reasonably believes that final completion will be unexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving final completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages; . (K) Prior to being entitled to receive final payment, and as a condition precedent thereto, the Contractor shall furnish the City, in the form and manner required by City, if any: (1) An affidavit that all of the Contractor's obligations to subcontractors, laborers, equipment or material suppliers, or other third parties in connection with the Project, have been paid or otherwise satisfied; (2) Separate Waiver of Right of Claim Against the Payment Bond in the form as provided in Section 255.05, Florida Statutes from each subcontractor, lower tier subcontractor, laborer, supplier or other person or entity who has, or might have a claim against the City; (3) If applicable, consent(s) of surety to final payment; (4) All product warranties, operating manuals, instruction manuals and other record documents, drawings (including as-built drawings), satisfactory test results and things customarily required of the Contractor, or expressly required herein or set forth in the bid documents, as a part of or prior to Project closeout; (L) The City shall, subject to its rights set forth in Subparagraph 7(F) above, make final payment of all sums due the Contractor within ten (10) days of the City's execution of a final Approval for Payment. (M) In accordance with Section 218.76, Florida Statutes, if a dispute arises between the Contractor and the City concerning payment of a Payment Request which is not resolved within 30 days of the Payment Request, the dispute shall be determined by the City Manager pursuant to the following. Proceedings before the City Manager shall commenced within 45 days and concluded within 60 days after the date of the Payment Request was received by the Citys representative listed in Subparagraph 7(B) herein. The proceedings are not subject to Chapter 120, Florida Statutes and do not constitute an administrative proceeding that
prohibits a court from deciding de novo any action arising out of the dispute. If the dispute is resolved in favor of the City, interest charges begin to accrue 15 days after the City Managers final determination. If the dispute is resolved in favor of the Contractor, then interest begins to accrue as of the original date the payment became due. Notwithstanding, nothing herein shall prevent the Contractor and City from resolving the matter prior to final determination of the City Manager.
8. INFORMATION AND MATERIAL SUPPLIED BY THE CITY
(A) The City shall furnish to the Contractor, prior to the execution of this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. The City shall also furnish, if appropriate, the legal description of the Project site, and any required survey; (B) The City shall obtain all required authorizations, approvals, easements, and the like excluding the building permit and other permits or fees required of the Contractor by this Contract, or permits and fees customarily the responsibility of the Contractor; (C) The City will provide the Contractor two (2) copies of the complete Contract. The Contractor will be charged, and shall pay the City, the actual cost of duplication for any additional copy of the Contract which it may require.
9. CEASE AND DESIST ORDER
In the event the Contractor fails or refuses to perform the work as required herein, the City may instruct the Contractor to cease and desist from performing further work in whole or in part. Upon receipt of such instruction, the Contractor shall immediately cease and desist as instructed by the City and shall not proceed further until the cause for the City's instructions has been corrected, no longer exists, or the City instructs that the work may resume. In the event the City issues such instructions to cease and desist, and in the further event that the Contractor fails and refuses within seven (7) days of receipt of same to provide adequate assurance to the City that the cause of such instructions will be eliminated or corrected, then the City shall have the right, but not the obligation, to carry out the work with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of performing such work by the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor.
10. DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR
In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in this Contract, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: (A) The Contractor is again reminded of its continuing duties set forth in Subparagraph 3(G), which are by reference hereby incorporated in this Subparagraph 10(A). The Contractor shall not perform work without adequate plans and specifications, or, as appropriate, approved shop drawings, or other submittals. If the Contractor performs work knowing or believing it involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such work and pay the cost of correcting same; (B) All work shall strictly conform to the requirements of this Contract;
(C) The work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts or omissions of those engaged in the work on behalf of the Contractor; (D) The Contractor hereby warrants that all labor furnished under this Contract shall be competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new and of high quality, that the completed work will be complete, of high quality, without defects, and that all work strictly complies with the requirements of this Contract. Any work not strictly complying with the requirements of this Subparagraph shall constitute a breach of the Contractor's warranty; (E) The Contractor shall obtain and pay for all required permits, fees and licenses customarily obtained by the Contractor. The Contractor shall comply with all legal requirements applicable to the work; (F) The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: NAME FUNCTION
_____________________________________ ___________________________________ _____________________________________ ___________________________________
So long as the individuals named above remain actively employed or retained by the Contractor, they shall perform the functions indicated next to their names unless the City agrees to the contrary in writing. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 10(F) as though such individuals had been listed above;
(G) The Contractor, within fifteen (15) days of commencing the work, shall provide to the City, and comply with, the Contractor's schedule for completing the work. Such schedule shall be in a form acceptable to the City. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Subparagraph 10(G) shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract; (H) The Contractor shall keep an updated copy of this Contract at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City at all regular business hours. Upon final completion of the work, all of these items shall be finally updated and provided to the City and shall become the property of the City; (I) Shop drawings and other submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any work requiring shop drawings or other submittals unless such shall have been approved in writing by the City. All work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents. However, approval by the City shall not be evidence that work installed pursuant thereto conforms to the requirements of this Contract. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall maintain a submittal log which shall include, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval or rejection. The Contractor shall have the duty to carefully review, inspect and examine any and all submittals before submission of same to the City; (J) The Contractor shall maintain the Project site in a reasonably clean condition during performance of the work. Upon final completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment; (K) At all times relevant to this Contract, the Contractor shall permit the City to enter upon the Project site and to review or inspect the work without formality or other procedure.
11. INDEMNITY
Contractor shall indemnify and hold the City and Owner, and its officers and employees, harmless from liabilities, damages, losses and costs, including, but not limited to, attorneys fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or other persons employed or utilized by Contractor in the performance of the Contract; provided however, that this indemnification shall be limited to the amount of this Contract.
12. NO DESIGN PROFESSIONAL
There is no architect or consulting engineer acting as Citys agent including inspection of work or progress of Contractor in this contract. Accordingly, the City shall have the following duties and responsibilities: (A) The City shall draft proposed Change Orders;
(B) The City shall approve, or respond otherwise as necessary concerning shop drawings or other submittals received from the Contractor; (C) The City shall be authorized to refuse to accept work which is defective or otherwise fails to comply with the requirements of this Contract. If the City deems it appropriate, the City shall be authorized to call for extra inspection or testing of the work for compliance with requirements of this Contract; (D) The City shall review the Contractor's Payment Requests and shall approve in writing those amounts which, in the opinion of the City, are properly owing to the Contractor as provided in this Contract; (E) The City shall, upon written request from the Contractor, perform those inspections required in Paragraph 7 hereinabove;
13. CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the City are subject to the following terms and conditions: (A) All Contractor claims against the City shall be initiated by a written claim submitted to the City. Such claim shall be received by the City no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition;
(D) In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensation; (E) In connection with any claim by the Contractor against the City for compensation in excess of the Contract Price, any liability of the City for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The City shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of the Contractor has been established therefor in a court of competent jurisdiction; (F) In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the City or someone acting in the City's behalf, or by City-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately adjusted by the City upon the written claim of the Contractor to the City. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim for an extension of time shall be waived.
14. SUBCONTRACTORS
Upon execution of this Contract, the Contractor shall identify to the City, in writing, those parties intended as subcontractors on the Project. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor with reference to whom the City objects. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth hereinbelow.
15. CHANGE ORDERS
One or more changes to the work within the general scope of this Contract may be ordered by Change Order. The Contractor shall proceed with any such changes, and same shall be accomplished in strict accordance with the following terms and conditions: (A) Change Order shall mean a written order to the Contractor executed by the City after
execution of this Contract, directing a change in the work and may include a change in the Contract Price or the time for the Contractor's performance, or any combination thereof; (B) Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order, or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the work. Such reasonable actual costs or savings shall include a component for direct jobsite overhead and profit but shall not include home-office overhead or other indirect costs or components. Any such costs or savings shall be documented in the format and with such content and detail as the City requires. (C) The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the work, this Contract as thus amended, the Contract Price and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed Change Order; (D) The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change Order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. (E) The Citys representative in this agreement is the City Manager. No change orders or other modifications to this agreement shall be effective unless in writing and signed by the City Manager.
16. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
(A) In the event that the Contractor covers, conceals or obscures its work in violation of this Contract or in violation of a directive from the City, such work shall be uncovered and displayed for the City's inspection upon request, and shall be reworked at no cost in time or money to the City; (B) If any of the work is covered, concealed or obscured in a manner not covered by Subparagraph 16(A) above, it shall, if directed by the City be uncovered and displayed for the
City's inspection. If the uncovered work conforms strictly with this Contract, the costs incurred by the Contractor to uncover and subsequently, replace such work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor; (C) The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse the City for all testing, inspections and other expenses incurred as a result thereof; (D) In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be specifically obligated to correct any and all defective or nonconforming work for a period of twelve (12) months following final completion upon written direction from the City. (E) The City may, but shall in no event be required to, choose to accept defective or nonconforming work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming work, and (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for the acceptance of defective or nonconforming work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming work.
17. TERMINATION BY THE CONTRACTOR
If the City repeatedly fails to perform its material obligations to the Contractor for a period of thirty (30) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the City. In such event, the Contractor shall be entitled to recover from the City as though the City had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph 19(A) hereunder.
18. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
(A) The City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof, for any reason whatsoever, or without reason, for a cumulative period of up to ten (10) calendar days. If any such suspension is directed by the City, the Contractor shall immediately comply with same; (B) In the event the City directs a suspension of performance under this Paragraph 18, through no fault of the Contractor, the City shall pay the Contractor as full compensation for such suspension the Contractor's reasonable costs, actually incurred and paid, of: (1) (2) demobilization and remobilization, including such costs paid to subcontractors; preserving and protecting work in place;
(3)
storage of materials or equipment purchased for the Project, including insurance thereon; performing in a later, or during a longer, time frame than that contemplated by this Contract.
19. TERMINATION BY THE CITY
(4)
The City may terminate this Contract in accordance with the following terms and conditions: (A) The City may, for any reason whatsoever, terminate performance under this Contract by the Contractor for convenience. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the work and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with Subparagraph (3) below; (2) The City and the Contractor may agree to the compensation, if any, due to the Contractor hereunder; (3) Absent agreement to the amount due to the Contractor, the City shall pay the Contractor the following amounts: (a) Contract prices for labor, materials, equipment and other services accepted under this Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct jobsite overhead and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any;
(c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 19(A) of this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 19(A) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. (B) If the Contractor does not perform the work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of this Contract, then the City, in addition to any other rights it may have against the Contractor or others, may terminate the performance of the Contractor and assume possession of the Project site and of all materials and equipment at the site and may complete the work. In such case, the Contractor shall not be paid further until the work is complete. After final completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the City of completing the work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Subparagraph 19(B) and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 19(A) and the provisions of Subparagraph 19(A) shall apply.
20. INSURANCE
The Contractor shall have and maintain insurance in accordance with the requirements of Exhibit "A" attached hereto and incorporated herein by reference.
21. SURETY BONDS
The Contractor shall furnish separate performance and payment bonds to the City. Each bond shall set forth a penal sum in an amount not less than the Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds and shall specifically reference paragraph 16(d) of this agreement. In the event the Contract Price is adjusted by Change Order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to the City and shall be executed by a surety, or sureties, reasonably acceptable to the City.
22. PROJECT RECORDS
All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for no less than four (4) years after final completion of the Project, or for any longer period of time as may be required by law or good construction practice.
23. APPLICABLE LAW
The law applicable to this Contract is hereby agreed to be the law of the State of Florida.
24. SUCCESSORS AND ASSIGNS
Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of this Contract. The Contractor shall not assign this Contract without prior written consent of the City.
25. NOTICES
All notices required or permitted hereunder shall be in writing and shall be deemed to have been duly delivered hereunder if mailed by first class certified mail, postage prepaid, to the respective parties at the respective addresses: City: James R. McDaniel Community Services Director City of Plant City 302 West Reynolds Street Plant City, FL 33563
With a copy to: Kenneth W. Buchman, Esq. City Attorney City of Plant City 302 W. Reynolds Street Plant City, FL 33563 Contractor: _________________________________ _________________________________ _________________________________ _________________________________ Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, in the manner provided above, a notice of such change.
CITY City of Plant City ____________________________________ [Seal] (TYPED NAME) ___________________________________[Seal] (TYPED NAME) CONTRACTOR
By:___________________________________ (SIGNATURE) Gregory S. Horwedel City Manager 302 West Reynolds Street Plant City, FL 33563 _____________________________________ (PRINTED NAME, TITLE & ADDRESS) _____________________________________ (DATE OF EXECUTION)
By:___________________________________ (SIGNATURE)
_____________________________________ (PRINTED NAME, TITLE & ADDRESS) _______________________________________ (DATE OF EXECUTION)
ATTEST:
__________________________________________ KERRI J. MILLER CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
BY: _________________________________ KENNETH W. BUCHMAN CITY ATTORNEY
EXHIBIT A
Contractor's and Subcontractors Insurance: 1. Compensation Insurance: The Contractor shall procure and maintain during the life of this contract Workmens Compensation Insurance for all of his employees to be engaged in work on the project under this contract, and in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workmens Compensation Insurance for all the labors employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractors Workmens Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmens Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees not otherwise protected. The Contractor shall indemnify and hold the City harmless for any claim made by the Subcontractor for workmens compensation. 2. Contractors Comprehensive Liability and Property Damage Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractors Comprehensive Liability Insurance in an amount satisfactory to the City, but not less than $300,000.00 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00, on account of one accident, and the Contractors Property Damage Insurance in an amount not less than $1,000,000.00. This insurance shall be maintained with an insurance company or companies licensed to do business in the state in which the Contractor shall perform his contractual services. City shall be named as additional insured on the policy. 3. Railroad Protective Liability Insurance: For construction within fifty feet (50) of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Contractor shall procure and maintain during the period of construction, Railroad Protective Liability (RPL) Insurance, naming CSX Transportation, Inc., and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of $5,000,000.00 per occurrence for bodily injury and property damage, with at least $10,000,000.00 aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to and approved by CSX Transportation, Inc. prior to commencement of such construction. 4. Subcontractors Comprehensive Liability and Property Damage Insurance: The Contractor shall require each of his Subcontractors to procure and maintain during the life of his contract Subcontractors Comprehensive Liability and Property Damage Insurance coverage in amounts satisfactory to the Contractor for his own protection, with an insurance company or companies licensed to do business in the state in which the Subcontractor shall perform his contractual services. 5. Scope of Insurance and Special Hazards: The insurance required shall provide adequate protection for Contractor and his Subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by the insured, and also against any of special hazards which may be encountered in the performance of this contract. 6. Proof of Carriage of Insurance: The Contractor shall furnish the City with satisfactory proof of carriage of the insurance required, but the failure to provide adequate insurance shall not relieve the Contractors responsibility to protect the City wholly from all such claims and damages.
The certificate of insurance shall include as a certificate holder: City of Plant City Attn: City Manager 302 West Reynolds Street Plant City, FL 33563
PAYMENT AND PERFORMANCE BOND Bond No. Service Provider: Name: Address: Phone ( Surety: Name: Address: Phone ( Owner: City of Plant City, Florida 302 West Reynolds Street Plant City, FL 33563 (813) 659-4200 ) )
, as Principal and , a Corporation, as Surety, are bound to the City of Plant City, Florida, a Florida Municipal Corporation, herein called Owner, in the sum of $ for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 20 , between Principal and Owner for , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all parties, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses and damages, including, but not limited to, delay damages, and all expenses, costs, and attorneys fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Suretys obligation under this bond. DATED ON , 20
BY THIS BOND, We
Service Provider :
(Service Providers Name)
by:
(Printed Name) (Title) (Signature)
Witnesses:
by:
(Printed Name) (Signature)
by:
(Printed Name) (Signature )
Surety:
(Surety Name)
by:
(Printed Name Attorney In Fact) (Signature)
by:
(Printed Name Florida Licensed Agent) (Signature)

Bid No. 12-90924-001 Bing Rooming House

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Bid No. 12-90924-001 Bing Rooming House

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PLANT CITY, FLORI DA T INVITAT TION FOR BI DS BID NO. 12-90924-0 .

001 Bing Rooming Hou se R Stabilizatio and Resto on oration

ADVERTISED: December 2 2011 A 23, DUE: Ja anuary 26, 20 012

CI OF PLA CITY, F ITY ANT FLORIDA

Gregory S. Horwedel City Manager

Summary Page Page 2 of 2

1,500 to 2,000 2,000 or greater

Section 6 Proposal Form

_______________________________________________________ Signature _______________________________________________________ Title

Attach additional sheets as necessary, including photographs of work.

[Signature] STATE OF FLORIDA COUNTY OF

Section 7 Exhibit C Federal Labor Standards Provision

---------------------------------------------------------------PLUM0123-001 05/01/2011 Rates Fringes

1.90 1.19 0.00

4.90 0.00 0.00

TRUCK DRIVER: Lowboy Truck......$ 12.09 0.00 ----------------------------------------------------------------

END OF GENERAL DECISION

FIXED PRICE CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR

1. DOCUMENTS INCORPORATED BY REFERENCE

FIXED PRICE AND CONTRACT PAYMENTS

10. DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR

_____________________________________ ___________________________________ _____________________________________ ___________________________________

12. NO DESIGN PROFESSIONAL

22. PROJECT RECORDS

_____________________________________ (PRINTED NAME, TITLE & ADDRESS) _______________________________________ (DATE OF EXECUTION)

__________________________________________ KERRI J. MILLER CITY CLERK

APPROVED AS TO FORM AND CORRECTNESS:

BY: _________________________________ KENNETH W. BUCHMAN CITY ATTORNEY

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_ Signature _ Title

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_ (PRINTED NAME, TITLE & ADDRESS) ___ (DATE OF EXECUTION)