Bid No. 12-90924-001 Bing Rooming House

8/3/2019 Bid No. 12-90924-001 Bing Rooming House

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Bing Rooming House Stabilization and Restoration List of ContentsInvitation for Bids No. 12-90924-001

CITY OF PLANT CITYPLANT CITY, FLORIDA

Bid No. 12-90924-001List 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


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Bing Rooming House Stabilization and Restoration Summary PageInvitation for Bids No. 12-90924-001 Page 2 of 2

Bid Evaluation & SelectionThe 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 RequirementsBidders must comply with all requirements of Section 3 of the Housing and Urban Development Actof 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 andcontracts for work in connection with the project be awarded to business concerns which are locatedin, 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 fornon-discrimination in employment and which related to minimum salaries and wages.

Bidders must comply with Presidential Executive Order Nos. 11246 and 11375, which prohibitdiscrimination 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-kickbackAct 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 anyfacilities 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, rejectany 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.

QuestionsPurchasing 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 [email protected].

Gregory S. Horwedel

City Manager


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Bing Rooming House Stabilization and Restoration Sections 1 - 6Invitation for Bids No. 12-90924-001 Page 1 of 19

Section 1 Bid Delivery1.1 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) by2:00 PM on Thursday, January 26, 2012. Bids will be timestamped upon receipt. Bids submitted by fax, e-mail, or telephone will not beaccepted.

1.2 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.

1.3 Valid Term. Bids shall be valid for no less than 60 days from the date the City

opens the bids.

1.4 Rejection. Bids submitted after the deadline will be rejected. Bids submittedin an unsealed or incorrectly marked envelope or box will be rejected. Fax, e-

mail, or telephone bids will be rejected.

Section 2 Bid Contents2.1 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.

2.2 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.

2.3 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.

2.4 Number of Copies. Contractor may submit bids in only one of the followingways: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 eitherthe paper copies or the electronic copy.


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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 onThursday, January 5, 2012 at the Sadye Gibbs Martin Auditorium, City Hall,City of Plant City, Florida to discuss the proposed project and siteimprovements.

3.2 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.

3.3 Site Visit. A walk through of the Bing Rooming house will be conducted after

the pre-bid meeting.

3.4 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.

3.5 Delivery of Bid. Contractor must securely seal all required forms and

documents in an envelope or box. Contractor must mark and deliver theenvelope or box as specified in Section 1 Bid Delivery. Late or mismarked

bids will not be accepted.

3.6 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.

Section 4 City Rights & Procedures4.1 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.

4.2 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.


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c. Prior bond history.

d. Licensure and certifications.

e. Equipment, machinery, and/or facilities.

f. Background & references.

4.3 Award. The City will evaluate bids and may award to the lowest responsiveand responsible bidder.

4.4 Local Preference. The City has adopted a local preference policy (Section 2-151 Plant City Code). The local preference policy provides qualifying vendorswith an amount not to exceed 1.5 percent of the lowest bid, provided that thecost differential from the lowest bid shall not exceed $2,500. Non-qualifyingvendors will not receive the 1.5 percent. Qualifying vendors are thosebusinesses that have paid their applicable business tax, are authorized toengage in the particular trade or business at issue, and have a physical officewith full time employees within the city limits of Plant City for at least sixmonths 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 businessaddress. In order to be eligible for local preference, the local business mustprovide at the time of submittal a copy of the receipt of payment of theirbusiness tax.

4.5 Rejection. The City reserves the right to reject any or all bids at any time and

for any reason.

4.6 Waiver of Irregularities. The City may waive informalities or irregularities that

in the Citys opinion do not materially affect a Contractors bid.

4.7 Notice of Award. Following City Commission action on the staffrecommendation, the Purchasing Agent shall notify the selected Contractor in

writing, and shall provide paper copies of the contract to the selected

Contractor.

4.8 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 documentswithin 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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4.9 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 theformal Notice to Proceed. The Purchasing Agent will issue the revocation in

writing.

Section 5 General Conditions5.1 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 [email protected]. 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 thePurchasing Agent. Verbal and/or written responses given by other City staff

in response to Contractor questions shall not be binding on the City. The Citywill 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.

5.3 Terms. The City may award a contract based solely on bid responsesreceived 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.

5.4 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


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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 assecurity 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.

5.6 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 Adjusted PHS ($ Million)I Less than 1

II 1 to 2

III 2 to 5

IV 5 to 10

V 10 to 25

VI 25 to 50

VII 50 to 100VIII 100 to 250

IX 250 to 500

X 500 to 750

XI 750 to 1,000

XII 1,000 to 1,250

XIII 1,250 to 1,500


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XIV 1,500 to 2,000

XV 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 convictedvendor 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.

5.9 Indemnification. Section 1-15, Plant City Code, prohibits the City from

indemnifying other parties to an agreement. Therefore, the City will not

indemnify Contractor.

5.10 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.

5.11 Bid Preparation & Submittal Expenses. The City shall not be responsible for

any expense incurred by any Contractor in reviewing, evaluating, preparing, or


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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 ofknowledge 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 shallpromptly 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 suchnon-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.


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5.14 Cooperative Purchasing Agreement. The City of Plant City is a member of theGovernment Purchasing Council of Hillsborough County in accordance withChapter 69-1119, Laws of Florida. It is hereby made a part of this Invitationto Bid that the submission of any bid in response to this request shallconstitute a bid made under the same conditions for the contract price asthis 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 Hillsborough CountyExecutive Director Purchasing Director2379 Broad Street Box 1110Brooksville, FL 33512-9712 Tampa, FL 33601

Sheriffs Office City of Temple TerraceFiscal Officer Box 16930

Box 3371 Temple Terrace, FL 33687Tampa, FL 33601

City of Tampa School Board of Hillsborough County8th Floor, City Hall Supervisor of Purchasing315 E. Kennedy Blvd. Box 3408Tampa, FL 33602 Tampa, FL 33601

Tampa Port Authority Tampa Sports AuthorityDirector of Finance Purchasing AgentBox 2192 4201 N. Dale Mabry HighwayTamps, FL 33601 Tampa, FL 33607

Hillsborough County Hillsborough County Hospital AuthorityAviation Authority Director of PurchasingBox 22287 330 W. Platt Suite 200Tampa, FL 33622 Tampa, FL 33606

Hillsborough Area Regional Hillsborough Community CollegeTransit Authority Director of Purchasing4395 E 21st Avenue 39 Columbia DriveTampa, FL 33605 Tampa, FL 33606

University of South Florida State Attorneys OfficeDivision of Procurement Courthouse Annex 5th Floor

Administration 185 Tampa, FL 33602Tampa, FL 33620

The Housing Authority of the City of Plant City The Housing Authority of the City of Tampa1306 Larrick Lane Executive DirectorPlant City, FL 33563 Tampa, FL 33607


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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 CityPurchasing DepartmentATTN: Kevin OrthCity Hall, Third Floor302 W. Reynolds StreetPlant City, Florida 33563Pursuant to and in compliance with your Invitation for Bid, the Instructions to Bidders, and otherdocuments related hereto, the undersigned does hereby propose to furnish all labor, material, andequipment necessary for the interior build-out of the Bing Rooming House, as shown in the projectplans and in strict accordance with the contract documents, specifications, drawings and alladdenda, if any, issued prior to the date of this proposal at the price listed herein as follows Total bidamount shall be shown in words and figures. In case of discrepancy, the amount shown in words

shall govern.

ITEMS DESCRIPTION QTY TOTAL PRICE

1. Interior Walls and Ceiling Lump Sum ____________

2. Flooring Lump Sum ____________

3. Interior Doors Lump Sum ____________

4. Plumbing Fixtures Lump Sum ____________

5. Electrical Lump Sum ____________

6. HVAC Lump Sum ____________

7. Tent and treat for Termites Lump Sum ____________

Total Bid $____________


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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 anyinterest 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 anyother person, firm, or corporation making a Bid for the same purposes, and is in all respects fair andwithout collusion or fraud.

(3) That the Bidder is not in arrears to the City of Plant City, upon debt or contract, and isnot 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 fromthe City Treasury is, shall be or become interested, directly or indirectly, surety or otherwise, in thisproposal, or in the performance of the Contract, or in the supplies, materials, or equipment and work


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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 owninvestigations, 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 neededfor 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 fullyunderstands all the component parts of the Contract Documents and agrees that he will execute theContract included herein and will completely perform the work in strict accordance with the terms ofthe Contract Documents.

The undersigned bidder also declares that he understands a contract may be awarded onthe Total Base Bid.

If awarded the contract, the Bidder agrees to start work within ten (10) calendar days afterdate of written notice to proceed, and guarantees to complete all work for the Bid within OneHundred 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 toaward part(s) of the contract, if applicable, separately, in combination, or as one contract. TheOwner reserves the right to waive technicalities in any bid, reject any or all bids and to accept any bidthat 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


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Notice of award should be mailed, telegraphed or delivered to the undersigned at the followingaddress:

____________________________________________________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.__________ Dated___________No.__________ Dated___________No.__________ Dated___________No.__________ Dated___________

_______________________________________________________Signature

_______________________________________________________Title


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BIDDERS QUALIFICATIONSFOR WORKING ON HISTORICAL BUILDINGSBidder 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.: ______________________________ Date Completed _________________

2. Project Name: ______________________________________________________________


Location: __________________________________________________________________

Owner: ___________________________________________________________________

Contact No.: _____________________________ Date Completed __________________

3. Project Name: ______________________________________________________________


Location: __________________________________________________________________

Owner: ___________________________________________________________________

Contact No.: _____________________________ Date Completed __________________

Attach additional sheets as necessary, including photographs of work.


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SUBCONTRACTOR LISTINGThe Bidder has fully investigated each Subcontractor listed and has in his files evidence eachSubcontractor has engaged successfully in his line of work for a reasonable period of time that hemaintains 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:


Type(s) of Work:


Type(s) of Work:

MATERIAL LISTINGThe Bidder proposes to furnish the following items of materials:

1. Manufacturer: _____

Supplier:


Supplier:


Supplier:


Supplier:


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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.

4. 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.

5. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,

means:

a. Predecessor or successor of a person convicted of a public entity crime; or

b. 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.


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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 anotherperson. 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).


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[Signature] [Date]

STATE OF FLORIDA COUNTY OF

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 , 20 .

Notary Public My commission expires


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PAYMENT AND PERFORMANCE BONDBond 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 thecontract; 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.


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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) (Signature)

(Title)

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)


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Bing Rooming House Stabilization and Restoration Exhibit AInvitation for Bids No. 12-90924-001 Page 1 of 5

Section 7 Exhibit A - Project Scope and Specifications1. 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 tocomplete the project in accordance with the project plans and specifications, completeand 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 authoritativeprecedence.

a. Agreement and Bondb. General Conditionsc. Special Provisionsd. Technical Specifications

3. Electricity: Electricity as may be required for construction and other purposes connectedwith this project shall be secured and purchased by the Contractor.

4. Building Permits and Licenses: All permits required by Hillsborough County and/or the Cityof Plant City shall be secured and purchased by the Contractor. Contractor shall be requiredto be registered to do business in the State of Florida.

5. Cleanup: The Contractor shall be responsible for a general cleanup of all constructionoperations. Trash, debris, removed pavement, stripped soil, and excess materials must behauled away and the premises cleaned and graded to condition at least equal to that existingbefore the start of construction. Failure to comply fully with this requirement will result inwithholding approval by the Engineer of periodic estimates for partial payment.

6. 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. Tapeshall be given to the City for use in determination of preconstruction conditions.


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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 finishschedule, 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, andbathroom, per plans finish schedule, page A-5.

e) Furnish and install batt fiberglass insulation in walls and batt and/or blown fiberglassinsulation 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.comb) Ceramic tile in all restrooms/ bathrooms shall be 1 unglazed porcelain hexagonal mosaic tile,

white and black, American Olean or equal.

Link: www.americanolean.comc) 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 schedulea) 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, doorschedule, page A-5. Note: use existing doors on second floor exhibit rooms, office, conferenceroom 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


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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 CoolerBottle water dispenser (To be furnished by owner)Plumbing Linkswww.kohler.com

www.deltafaucet.com

www.americanstandard-us.com

http://www.elkayusa.com/cps/rde/xbcr/elkay/12-24D_EZSTL8C_.pdf

5. ELECTRICALa) Install wiring and fixtures on second floor and unfinished areas on first floor as noted inelectrical plans.

6. HVACa) 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.coma) 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:


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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; Kitchencabinets 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 topshall be Wilsonart Laminate, #4878-38, Pewter MeshCabinet pulls shall be: Thomasville M285 on drawers and/or M366 on doors; or approvedequal

d) Restroom (Room 109)Bathroom cabinet Thomasville, Cottage Maple Cider Maple Brierwood, Bathroom counter topshall be Wilsonart Laminate, #4878-38, Pewter MeshCabinet pulls shall be: Thomasville M285 on drawers and/or M366 on doors; or approvedequal

Links: www.thomasvillecabinetry.comwww.wilsonart.come) 2nd Floorinterior 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 topshall be Wilsonart Laminate, #4878-38, Pewter MeshNote: Cabinet/Countertop in Room 204 to be installed @ 42 above finish floor; or approvedequal.

8. TERMITE CONTROLa) 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 maximumtermiticide concentration allowed for each specific use, according to products EPA-Registered Label. Post appropriate warning signs in areas during application.


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b) After application of termiticide is completed, submit report for Owners records, including thefollowing:

1. Date and time of application2. Brand name and manufacturer of termiticide3. Quantity of undiluted termiticide used

4. Dilutions, methods, volumes, and rates of application used5. Areas of application6. Water source for application, if needed

c) Provide written warranty, signed by applicator and contractor certifying that termite controltreatment will prevent infestation of dry wood and/or subterranean termites. Warrantyperiod shall be one year from date of application. If termite activity or damage is discoveredduring warranty period, re-treat and repair or replace damage caused by termite infestationat no additional cost to Owner.

9. APPLIANCESBy Owner Not Included In Bida) Refrigeratorb) Washer/dryerc) Ranged) Range hood /microwave combination: Apsco with recirculating fan

10. WINDOW TREATMENTSBy owner not included in bid


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Bing Rooming House Stabilization and Restoration Exhibit BInvitation for Bids No. 12-90924-001 Page 1 of 12

Section 7 Exhibit B General Conditions1. Definitions: Wherever used in any of the Contract Documents, the meaning shall be given tothe terms herein defined:

1.1 The term "Contract" means the agreement executed by the Owner and the Contractor ofwhich 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 isawarded by the Owner and who is subject to the terms hereof.

1.4 The term "Subcontractor" means a person, firm or corporation supplying services andmaterials, 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 provideengineering supervision and/or inspection of the work performed by the Contractor, and wherethe 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, shallhave authority to act.

1.6. The term "Contract Documents" - The Contract Documents are composed of the Invitation toBid, Instructions to Bidders, Proposal and Bid Form, Construction Agreement Form, Form(s) ofBond(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 allquestions 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 decisionsupon all such claims and questions shall be final and conclusive upon the parties thereto.

3. Notice and Service Thereof:

3.1 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 theoffice of the Contractor as specified in the bid (or at such other office as the Contractor may fromtime 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 tothe Contractor, be delivered to the office of the Owner as specified in Instructions to Bidders and anynotice to or demand upon the Owner shall be sufficiently given if delivered to said office or if


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deposited in the United States mail in a sealed, postage prepaid envelope, or delivered with chargesprepaid to any telegraph company for transmission, in each case properly addressed to said Ownermay 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 beengiven or made as of the time of actual delivery or, in the case of mailing, when the same should havebeen received in due course, or, in case of telegram, at the time of actual receipt, as the case maybe.

4. Contract Security: The Contractor shall furnish a surety bond in an amount equal to not lessthan ONE HUNDRED PERCENT (100%) of the contract price as security for the faithful performanceof this contract and for the payment of all persons furnishing services and/or labor and/or materialsfor the project in connection with this contract, and shall indemnify and save harmless the saidOwner 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 ormisconduct of the said Contractor in the performance or execution of this contract. Said surety shallbe 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 authorizedsurety company satisfactory to the Owner.

5. Assignment: The Contractor shall not assign the whole or any part of this contract, or anymonies due or to become due hereunder, without written consent of the Owner. In case theContractor assigns all or any part of any monies due or to become due under the contract, theinstrument of assignment shall contain a clause to any monies due or to become due to theContractor shall be subject to prior lines of all persons, firms and corporations for the servicesrendered or for labor performed or for materials supplied for the performance of the work called forin 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 hasobtained all the insurance required under this Section and such insurance has been approved by theOwner.

6.1 Compensation Insurance: The Contractor shall procure and shall maintain during the life ofthis contract Workmen's Compensation Insurance for all of his employees to be engaged in work onthe project under this contract, and in case any such work is sublet, the Contractor shall require theSubcontractor similarly to provide Workmen's Compensation Insurance for all the labor's employeesto be engaged in such work unless such employees are covered by the protection afforded by theContractor'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, theContractor 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 andhold 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 shallprocure and shall maintain during the life of this contract. Contractors Comprehensive Liability


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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 anamount not less than $500,000. This insurance shall be maintained with an insurance company orcompanies licensed to do business in the state in which the Contractor shall perform his contractualservices.

6.3 Subcontractor's Comprehensive Liability and Property Damage Insurance: The Contractorshall require each of his Subcontractor's to procure and maintain during the life of his contractSubcontractor's Comprehensive Liability and Property Damage Insurance coverage in amountssatisfactory to the Contractor for his own protection, with an insurance company or companieslicensed to do business in the state in which the Subcontractor shall perform his contractualservices.

6.4 Scope of Insurance and Special Hazards: The insurance required shall provide adequateprotection for Contractor and his Subcontractors, respectively, against damage claims which mayarise from operations under this contract, whether such operations be by the insured or by anyonedirectly or indirectly employed by the insured or by anyone directly or indirectly employed by him, andalso 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 satisfactoryproof of carriage of the insurance required, but the failure to provide adequate insurance shall notrelieve 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 andpractices at all times for the protection of persons (including employees)and property, andhazardous conditions shall be guarded against or eliminated.

8. Qualifications for Employment: No person shall be employed in violation of the State or theNational Labor Laws. No person under the age of sixteen years shall be employed on the projectunder 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 projectunder this contract; provided, that shall not operate against the employment of physicallyhandicapped persons, otherwise employable, where such persons may be safety assigned to workwhich they can ably perform. No person currently serving a sentence in a penal or correctionalinstitution although paroled and no inmate of an institution for the mentally challenged shall beemployed on the project under this contract

9. Licenses, Permits, Construction and Employment Practices: All Bidders shall be licensedContractors and shall provide evidence of a valid Florida license and certification with the bidsubmittal. Contractors are also required to comply with all laws, regulations, safety codes, andbuilding and construction codes which apply to construction performed under this contract, also withall applicable Federal and State regulations in respect to employees' wages and hours.


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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 limitingcompetition, 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, andemployees harmless from liabilities of any nature or kind, including costs and expenses for, or onaccount of, any patented or unpatented invention, process, article or appliance manufactured orused in the performance of the contract, including its use by the Owner at any time during theprosecution or after completion of the work unless otherwise specifically stipulated in the ContractDocuments.

12. Time for Completion: The work shall be commenced at the time stated in the notice to theContractor to proceed and shall be completed in the number of consecutive calendar days stated inthe 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 suchdiligence as will insure its completion within the time specified in the Instructions to Bidders, or anyextension thereof, or fails to complete said work within such time, the Owner may, by written noticeto the Contractor, terminate his right to proceed with the work or such part of the work as to whichthere has been delay. In such event, the Owner may take over the work and prosecute the same tocompletion by contract or otherwise, and the Contractor and his sureties shall be liable to the Ownerfor 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 continuethe 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 eachcalendar day of delay until the work is completed or accepted the amount as set forth in theInstructions to Bidders and the Contractor and his sureties, jointly and severally, shall be liable forthe amount thereof. Provided, that the right of the Contractor to proceed shall not be terminated northe Contractor charged with liquidated damages because of any delays in the completion of the workdue to unforeseeable causes beyond the control and without the fault or negligence of theContractor, including, but not restricted to, acts of God or of the public enemy, acts of theGovernment, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, theunusually severe weather, or delays of Subcontractors due to such causes, if the Contractor shallwithin 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 thecauses of delay. The Engineer shall ascertain the facts and the extent of the delay and extend thetime for completing the work when in his judgment the findings of fact justify such an extension, andhis findings of fact thereon shall be final and conclusive on the parties hereto, subject only to appealwithin thirty (30) days by the Contractor to the Owner, whose decision on such appeal as to the factsof delay and extension of time for completion the work shall be final and conclusive on the partieshereto.


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13.2 Where actual damages for any delay in completion contemplated by this section and section14 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 andseverally, 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 oraccepted; 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 becharged 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, orif he should make a general assignment for the benefit of his creditors, or if a receiver shouldpersistently or repeatedly refuse or fail to supply enough properly skilled workmen or propermaterials, or if he should refuse or fail to make prompt payment to persons supplying labor ormaterials for the work under the Contract, or persistently disregard instructions of the Engineer orfail to observe or perform any provisions of the Contract Documents, or otherwise be guilty of asubstantial violation of any provisions of the Contract Documents, then the Owner may, by giving atleast 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. Insuch event, the Owner may take over the work and prosecute the same to completion, by contract orotherwise and the Contractor and his sureties shall be liable to the Owner for any excess costoccasioned to the Owner thereby; and in such case the Owner may take possession of and utilize incompleting the work such materials, appliances, and plant as may be on the site of the work andnecessary therefor. The foregoing provisions are in addition to, and not in limitation of, the rights ofthe 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 thatany 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 itexcept with the written consent of the Engineer.

15.1 Should the Contractor fail to remove such person or persons, or fail to furnish suitable orsufficient machinery, equipment or force for the proper prosecution of the work the Engineer maywithhold all estimates which are, or may become due, or may suspend the work until such orders arecomplied with.

15.2 The equipment used on any portion of the work shall be such that no injury to adjacentproperty or to streets or highways will result from its use; equipment shall be modern, in goodcondition, and adequate in size to perform the work in satisfactory time intervals. No item ofmachinery or equipment, after once being placed on the work site, shall be removed without theconsent of the Engineer.

16. Use of Premises:

16.1 The Contractor shall confine his apparatus, storage of materials, and construction operationsto such limits as may be directed by the Owner and shall not unreasonably encumber the premiseswith his materials. Any damage done to public or private property shall be repaired at theContractors expense to the preconstruction condition or better. It is mandatory that apreconstruction video be made to determine actual preconstruction conditions should a disputearise. Be sure to note address, type of sod, any existing damage and show these items on the video.


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16.2 The Contractor shall not load or permit any part of any structure to be loaded to such anextent as to endanger its safety.

16.3 The Contractor shall provide and maintain at his own expense, in a sanitary condition, suchaccommodations 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. Heshall commit no public nuisance.

16.4 The Contractor shall conduct the work so as to insure the least obstruction to trafficpracticable, and shall provide for the convenience of the general public and of residents along andadjacent to the work in a manner satisfactory to the Engineer. Materials and equipment stored onthe work site shall be placed so as to cause as little obstruction to the public as possible and shallbe 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 safepassageway 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 bemaintained by the Contractor in all cases. The Engineer's Office, the Fire Department and PoliceDepartment having jurisdiction shall immediately be notified by telephone or otherwise upon theclosing and or opening of each street or section thereof. Street closures require a minimum of 24hours notice.16.6 The Contractor shall provide, erect and maintain, at his own expense, barricades, dangerwarnings and detour signs whenever they may be necessary. He shall place sufficient lights onand/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 shallmaintain proper guards and lights for the preventions of accidents, upon materials, supplies, andequipment, and take all other precautions that may be necessary for the proper protection of thework 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 inthe prosecution of this Contract, and in no case will their use be permitted within the municipalitywithout the written permission of the City Engineer.

16.8.1 Where such permission for the use of explosives is obtained, the Contractor shall use theutmost care so as not to endanger life or property, and whenever directed the number and size ofthe charges shall be reduced. All explosives shall be stored in a secure manner, and all such storageplaces shall be marked clearly "DANGEROUS EXPLOSIVES", and shall be in care of competentwatchmen.

16.9 It shall be the responsibility of the Contractor to contact the Fire and Police Departmentshaving jurisdiction in the area where the work is being performed to obtain from them a summary of


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the information which should be provided to them while work is in progress. It shall then be theContractor'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 servicesand facilities of every nature whatsoever necessary to execute, complete and deliver the work withinthe specified time.

17.2 Any work necessary to be performed after regular working hours, or on Sundays or legalholidays, 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 chattelmortgage 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 allwork to deliver the premises together with all improvements and appurtenances constructed orplaced thereon by him to the Owner free from any claims, liens, or charges and further agrees thatneither he nor any person, firm or corporation furnishing any materials or labor for any work coveredby this contract shall have any right to a lien upon the premises of any improvements orappurtenances thereon, provided that this shall not preclude any Contractor from installing meteringdevices and other equipment of utility companies or of municipalities, the title to which is commonlyretained by the utility company or the City. In the event of the installation of any such meteringdevice or equipment, the Contractor shall advise the Owner as to the Owner thereof. Nothingcontained in this section, however, shall defeat or impair the right of such persons to look to fundsdue the Contractor in the hands of the Owner. The provisions of this section shall be inserted in allsubcontracts and material contracts and notice of its provisions shall be given to all personsfurnishing 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 dayof 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) percentof the cost thereof, not later than the 20th day of the calendar month following that in which suchmaterials, tools and equipment are delivered at the site of the project, and the balance of the costthereof not later than the 30th day following the completion of that part of the work in or on whichsuch 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 eachSubcontractor's interest therein.

20. Subcontracting:

20.1 The Contractor shall utilize the services of specialty Subcontractors on those parts of thework under normal contracting practices are performed by specialty Subcontractors; provided, that if


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the Owner shall determine that the specialty work in question has been customarily performed by theContractor's own organization and that such organization is presently competent to perform suchwork, the Contractor shall be permitted to do so.

20.2 The Contractor shall not award any work to any Subcontractor without prior written approvalof 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 containsuch information as the Owner may require.

20.3 The Contractor shall be as fully responsible to the Owner for the acts and omissions of hisSubcontractors, and of persons either directly or indirectly employed by them, as he is for the actsand 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 andother Contract Documents insofar as applicable to the work of Subcontractors and to give theContractor the same power as regards terminating any subcontract that the Owner may exercise overthe Contractor under any of the Contract Document.

20.5 Nothing contained in this contract shall create any contractual relation between anySubcontractor and the Owner.

21. Mutual Responsibility of Contractors: If through acts of neglect on the part of theContractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, theContractor 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 shallassert any claim against the Owner on account of any damage alleged to have been so sustained theOwner shall notify the Contractor, who shall indemnify and save harmless the Owner against anysuch claim.

22. Inspection: The Owner and his authorized representatives and agents shall be permitted toinspect all work, materials, payrolls, records and personnel invoices of materials, and other relevantdata and records.

23. Inspection and Testing of Materials: Unless otherwise specifically provided for in thespecifications, the inspections and testing of materials and finished articles to be incorporated in thework at the site shall be made by bureaus, laboratories, or agencies approved by the Owner. TheContractor shall furnish evidence satisfactory to the Owner that the materials and finished articleshave 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 finishedarticles from the site of the work. All costs related to material testing shall be paid by the Contractorunder the allowance. The City will pay for all passing tests. The City will not pay for standby time orfailed tests.

24. Coordination of Plans and Specifications: The specifications, plans and all supplementarydocuments 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 itemsnoted in the specifications but not shown on the plans are to be considered as shown on the plansand noted in the specifications. Any errors or omissions as to applicable jurisdictional standards ofwork in the specifications or on the plans shall not relieve the Contractor of the obligation to furnisha strictly first class job in strict accord with best practice to be found in work of a similar nature.


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25. Fitting and Coordination of the Work: The Contractor shall be responsible for the properfitting of all work and for the coordination of the operation of all trades, Subcontractors, or materialmen engaged upon the work. He shall be prepared to guarantee to each of his Subcontractors thedimensions 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 otherContractors.

26. Construction Schedule and Periodical Estimates: Immediately after execution and deliveryof the contract, and before the first partial payment is made, the Contractor shall deliver to theOwner a construction progress schedule in form satisfactory to the Owner, showing the proposeddates 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 becomedue 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 theEngineer 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 givenon 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 generalsense and not as meaning identical, and all details shall be worked out in relation to their locationand 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 isindicated in outline, the parts drawn out shall apply also to all other like portions of the work. Whereornament or other detail is indicated by starting only, such detail shall be continued throughout thecourses or parts in which it occurs and shall be continued throughout the courses or parts in which itoccurs 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 tothe 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 thiscontract, 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 bythis contract, or until such time when this contract, or until such time when the total amount of theretainage 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 theOwner shall at all times retain an amount sufficient to enable him to complete work in the Contractand to liquidate unsatisfactory claims.

28.2 In preparing estimates the material delivered on the site and preparatory work done may betaken into consideration.

28.3 The monthly payments shall be approximate only, and all partial estimates and payments


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shall be subject to correction in the f