V(K) Approval and Authorization to Award Bid #B04-08 to Price Construction, Inc. in the Amount of $105,000 Agenda 04-20-2004
Mayor e Center of Good Item K
Sr Lit,. Commissioners
S. Scott Vandergrift + .. .....: , g Danny Howell, District 1
C ..= Scott Anderson, District 2
City Manager '; -- / i Rusty Johnson, District 3
Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Joyce Tolbert, Buyer
THROUGH: Donald Carter, Finance Supervisor
-plf--/
DATE: April 12, 2004
RE: Award of Bid #B04-08 Sawmill Wall Rehabilitation and Reconstruction
ISSUE
Should the City Commission select Price Construction, Inc. for the rehabilitation and
reconstruction of the Sawmill Wall?
BACKGROUND/DISCUSSION
Last fiscal year's budget included $115,000, for design and construction for the rehabilitation
and reconstruction of the wall located on City easement in the Sawmill Subdivision. At this
point, after $8,165 in design fees ($10,565 total), there is a balance of $106,835 to award this
project. However, this total does not represent the legal fees for the acquisition of a temporary
and a permanent easement. Therefore, an additional $10,000 is requested from the General Fund
Contingency to cover the project expenditures.
The bid was advertised on March 7, 2004, a pre-bid conference was held on March 30, 2004, and
publicly opened on April 6, 2004. Three (3) responses were received:
1) Price Construction, Inc. $105,000.00
2) Apec Inc. $147,900.00
3) Southern Building Services $196,327.00
Attached is a copy of the specifications for this project, and the bids from each bidder, along
with the bid tabulation. A draft copy of the contract is also attached for your review. All bids are
available in the Finance Department for review.
The Public Works Department and Finance Department have reviewed all bids. Staff
recommends awarding the bid to Price Construction, Inc. as the most responsive and
responsible bidder, per the attached memorandum from Bob Zaitooni, Deputy Public Works
Director.
RECOMMENDATION
It respectfully is recommended that the City Commission award Bid #B04-08 to Price
Construction, Inc. in the amount of$105,000.00; authorize an additional $10,000 for the project
from the General Fund Contingency; and authorize execution of the agreement between the City
and Price Construction, Inc. by the Mayor and City Clerk; and further authorize Staff to issue a
Notice of Award, and obtain the necessary bonds and insurance coverage from Price
Construction, Inc.
Center of Good Lib,
Mayor �bg �"""""" 1� Commissioners
S. Scott Vandergrift 104.. Danny Howell, District 1
Scott Anderson, District 2
Acting City Manager CORusty Johnson, District 3
V. Eugene Williford, III < { Nancy J. Parker, District 4
�� r
MEMORANDUM
TO: Joyce Tolbert, CPPB,Buyer
FROM: Bob Zaitooni, Deputy Director Public Works
DATE: April 7,2004
RE: Recommendation for Bid #B04-08, Sawmill Wall
We have reviewed the bids for Bid# B04-08, Sawmill Wall and recommend award to Price
Construction, Inc., for the amount of$105,000.00.
We need to check with Donald Carter to ensure adequacy of the budgeted amount prior to
placing the item on City Commission Agenda for approval.
If you have any questions,please contact me at extension 6002.
RZ
C: David Wheeler, Public Works Director
The City of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761
phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.fl.us
Ne Center of Good£•v
Mayor Ib�, Commissioners
S. Scott Vandergrift �• ••• Danny Howell, District 1
Scott Anderson, District 2
City Manager 1 tCOE:
� L-� Rusty Johnson, District 3
Jim Gleason / Nancy J. Parker, District 4
CITY OF OCOEE
INVITATION TO BID #04-08
FOR
SAWMILL WALL
REHABILITATION AND
RECONSTRUCTION
TABLE OF CON`, 1.S
FOR
BID#B04-08
----, , WALL REHABILITATION AND RECONSTRUCTION
BID DOCUMENTS
3 Legal Advertisement
4 thru 6 Invitation to Bid#B04-08
7 thru 15 General Terms & Conditions
16 Subcontractors/Equipment Listing
17 References/Summary of Litigation
SCOPE OF WORK/BID SHEET
18 thru 19 Scope of Work
20 Bid Form
21 Company Information/Signature Sheet
END OF TABLE OF CONTENTS
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LEGAL ADVERTISEMENT
Ocoee City Commission
Sealed bids will be accepted for Bid #B04-08, SAWMILL WALL REHABILITATION AND
RECONSTRUCTION,no later than 2:00 PM, local time, on April 6,2004.
Located in the Sawmill Subdivision, the existing cinder-block wall and foundation are
structurally damaged and require rehabilitation and reconstruction. The work shall
include construction of a new footer, rehabilitation of the existing footer, demolition of the
existing wall, construction of a new wall, and landscaping as specified in the construction
drawings.
Bids received after that time will not be accepted or considered. No exceptions will be made.
The City reserves the right to reject any and all bids and waive informalities.
Bids will be received in the City of Ocoee, Attn: Joyce Tolbert, Buyer, 150 N. Lakeshore Drive,
Ocoee, Florida 34761-2258,jtolbert(a ci.ocoee.fl.us.
Bids will be publicly opened and read aloud in the City Hall Conference Room on the above-
appointed date at 2:01 PM, local time, or as soon thereafter as possible.
The successful bidder will be required to furnish proof of Insurance in the amounts specified in
the bid documents, and a 5% Bid Security is required for this bid.
A Pre-Bid Conference will be held on March 30, 2004 at 11:00 A.M. in the City Hall
Conference Room at Ocoee City Hall, 150 N. Lakeshore Drive, Ocoee, Florida. No further
questions or concerns will be accepted following the Pre-Bid Conference. All respondents will
be held liable for contents as presented at the Pre-Bid Conference.
Prospective bidders may secure a copy of the complete bid package, from Joyce Tolbert at Ocoee
City Hall Finance Department, 150 N. Lakeshore Drive, Ocoee, FL 34761-2258, for a non-
refundable fee of$50.00. Checks should be made payable to the City of Ocoee. Partial sets of
bid documents will not be issued.
All bids shall be submitted as one (1) original and two (2) copies, PLUS one (1) electronic
copy in .pdf format on a single compact disc or floppy diskette, of the required submittals in a
sealed envelope plainly marked on the outside with the appropriate bid number and opening date
and time.
No fax or electronic submissions will be accepted.
City Clerk March 7, 2004
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CITY OF OCOEE
INVITATION TO BID #B04-08
SAWMILL WALL REHABILITATION AND RECONSTRUCTION
INTENT:
Sealed bids for Bid#B04-08 will be received by the City of Ocoee, hereinafter called"The City",
by any person, firm, corporation or agency submitting a bid for the work proposed, hereinafter
called"Respondent".
The proposed Contract will be for the labor, supervision, materials, equipment, supplies and
incidentals for the rehabilitation and reconstruction of the Sawmill Wall for the City of Ocoee at
the location listed under the "Scope of Work/Special Conditions" section of this Invitation to
Bid.
BIDDING INSTRUCTIONS:
A. Each respondent shall furnish the information required on the bid form supplied and each
accompanying sheet thereof on which an entry is made. Bids submitted on any other format
shall be disqualified. Please check your prices before submission of bid as no changes will
be allowed after bid opening. Bids must be typewritten or handwritten using ink. Do not use
pencil. No erasures permitted. Mistakes may be crossed out and the correction typed adjacent
and must be initialed and dated by person signing the bid. Bid documents must be signed by
a legally responsible representative, officer, or employee and should be properly witnessed
and attested. All bids should also include the name and business address of any person, firm
or corporation interested in the bid either as a principal, member of a firm or general partner.
If the respondent is a corporation, the bid should include the name and business address of
each officer, director, and holder of 10% or more of the stock of such corporation.
B. Any questions or concerns regarding this bid should be addressed in writing to the Finance
Department, City of Ocoee, FL, Attention: Joyce Tolbert, Buyer (407)905-3100, extension
1516 and fax (407)656-3501, not later than March 30, 2004. Any clarifications/changes will
be through written addenda only, issued by the Finance Department. Respondents should not
contact City staff, with the exception of Joyce Tolbert, Buyer, or other City consultants for
information before the bid award date. Any contact with any other member of the City Staff,
City Commission, or its Agents during this time period may be grounds for disqualification.
C. This bid must be received as one (1) original and two (2) paper copies, and one (1) copy in
electronic .pdf format on a single compact disc or floppy diskette enclosed inside the
sealed bid package, of the required submittals only, by the Finance Department not later
than 2:00 P.M., local time, on April 6, 2004. Bids received by the Finance Department after
the time and date specified will not be considered, but will be returned unopened. "Postage
Due" items will not be accepted. Bids transmitted by fax or e-mail will not be accepted. Bids
shall be delivered in a sealed envelope, clearly marked with the bid number, title, and
opening date and time to:
City of Ocoee
Finance Department
Attention: Joyce Tolbert,Buyer
150 N Lakeshore Drive
Ocoee,FL 34761-2258
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D. Bids will be publicly opened and read at the Ocoee City Hall Conference Room, 150 N.
Lakeshore Drive, Ocoee, Florida 34761-2258 at 2:01 P.M., or as soon thereafter as possible
on the above-appointed date. Respondents or their authorized agents are invited to be present.
Please be aware that all City Commission meetings are duly noticed public meetings and all
documents submitted to the City as a part of a bid constitute public records under Florida
law.
E. All respondents shall thoroughly examine and become familiar with the bid package and
carefully note the items which must be submitted with the bid, such as:
a) Bid Security in the form of a Cashier's or Certified check or Bid Bond;
b) Copy of Insurance Certificate;
c) List of References/Experience;
d) List of Subcontractors/Temporary Worker Agencies;
e) Equipment Listing;
f) Summary of Litigation;
g) Copy of bid submittals in electronic .pdf format(CD or Floppy Disk);
h) Any other information specifically called for in these Bid Documents.
F. Submission of a bid shall constitute an acknowledgment that the respondent has
complied with Paragraph E. The failure or neglect of a respondent to receive or examine a
bid document shall in no way relieve it from any obligations under its bid or the contract. If
"NO BID", so state on face of envelope or your company may be removed from the City's
vendor list. No claim for additional compensation will be allowed which is based upon a lack
of knowledge or understanding of any of the Contract Documents or the scope of work. All
items quoted shall be in compliance with the bid documents/scope of work.
G. A Pre-Bid Conference will be held on March 30, 2004 at 11:00 A.M., local time at the
Ocoee City Hall Commission Chambers, 150 N. Lakeshore Drive, Ocoee, Florida 34761-
2258. The conference will include a review of the bid documents, a question and answer
period and a familiarization site visit. All respondents will be held liable for contents as
presented at the pre-bid conference. No further questions or concerns will be accepted
following the Pre-Bid Conference.
H. Any response by the City to a request by a respondent for clarification or correction will be
made in the form of a written addendum which will be mailed, e-mailed or faxed to all parties
to whom the bid packages have been issued. The City reserves the right to issue Addenda,
concerning date and time of bid opening, clarifications, or corrections, at any time up to the
date and time set for bid opening. In this case, bids that have been received by the City prior
to such an addendum being issued, will be returned to the respondent, if requested, unopened.
In case any respondent fails to acknowledge receipt of any such Addendum in the space
provided on the Addendum and fails to attach the Addendum to the respondent's bid,
its' bid will nevertheless be construed as though the Addendum had been received and
acknowledged. Submission of a bid will constitute acknowledgment of the receipt of the
Bid Documents and all Addenda. Only interpretations or corrections provided by written
Addenda shall be binding on the City. Respondents are warned that any other source by
which a respondent receives information concerning, explaining, or interpreting the Bid
Documents shall not bind the City.
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I. Any of the following causes may be considered as sufficient for the disqualification of a
respondent and the rejection of its bid:
a) Submission of more than one (1) bid for the same work by an individual, firm,
partnership or corporation under the same or different name. For purposes of this
subparagraph, firms, partnerships or corporations under common control may be
considered to be the same entity;
b) Evidence of collusion between or among respondents;
c) Being in arrears on any of its existing contracts with the City or in litigation with the
City or having defaulted on a previous contract with the City;
d) Poor, defective or otherwise unsatisfactory performance of work for the City or any
other party on prior projects which, in the City's judgement and sole discretion, raises
doubts as to Respondent's ability to properly perform the work; or
e) Any other cause which, in the City's judgement and sole discretion, is sufficient to
justify disqualification of Respondent or the rejection of its bid.
No bid may be withdrawn for a period of ninety (90) days after the time and date
scheduled for the bid opening.
The City reserves the right to accept or reject any or all bids, to waive informalities
or irregularities, to request clarification of information submitted in any bid, or to
readvertise for new bids. The City may accept any item or group of items of any
bid, unless the respondent qualifies his/her bid by specific limitations.
Award, if made, will be to the most responsible and responsive respondent whose
bid, in the City's opinion, will be most advantageous to the City, price and other
factors considered. The City reserves the right, to aid it in determining which bid is
responsible, to require a respondent to submit such evidence of respondent's
qualifications as the City may deem necessary, and may consider any evidence
available to the City of the financial, technical, and other qualifications and abilities
of a respondent, including past performance (experience) with the City and others.
The City Commission shall be the final authority in the award of any and all bids.
6
GENERAL TERMS & CONDITIONS:
1. BID SECURITY:
a) Each proposal must be accompanied by a Cashier's/Certified Check upon an
incorporated bank or trust company or a Bid Bond in an amount equal to five percent
(5%) of the amount of the bid. A combination of any of the former is not acceptable.
Cash will not be accepted as Bid Security Such cashier's check or Bid Bond is
submitted as a guaranty that the respondent, if awarded the Contract, will after written
notice of such award, enter into a written Contract with the City and as a guarantee
that the respondent will not withdraw its bid for a period of ninety (90) days after the
scheduled closing time for the receipt of bids, in accordance with the accepted bid and
bid documents.
b) In the event of withdrawal of said bid within ninety (90) days following the opening
of bids, or respondent's failure to enter into said contract with the City or failure to
provide the City with other requirements of the contract documents or the bid
invitation after issuance of Notice of Intent to Award by the City, then such
respondent shall be liable to the City in the full amount of the check or bid bond and
the City shall be entitled to retain the full amount of the check or to demand from the
Surety the penal sum of the bid bond as liquidated damages and not a penalty.
c) Surety companies executing bonds shall be duly insured by an insurer or corporate
surety acceptable to the City and authorized to do business in the State of Florida and
signed by a Florida licensed resident agent who holds a current Power of Attorney
from the surety company issuing the bond.
d) The cost of the required bond and required insurance coverages is to be included in
the respondent's overhead and is not eligible for reimbursement as a separate cost by
the City.
e) The checks of the three (3) most favorable respondents will be returned within three
(3) days after the City and the successful respondent have executed the contract for
work. The remaining checks will be returned within thirty (30) days after the opening
of bids. Bid Bonds will be returned upon request following the same criteria as a
check.
2. PERFORMANCE AND PAYMENT BONDS
a) The Successful Respondent shall furnish the City with a State of Florida 100%
Performance and a 100% Payment Bond written by a Surety Company acceptable to
the City and authorized to do business in the State of Florida and signed by a Florida
Licensed Resident Agent.
b) The cost of the Payment and Performance Bonds shall be borne by the Successful
Respondent. The bonds shall be accompanied by duly authenticated or certified
documents, in duplicate, evidencing that the person executing the Bonds in behalf of
the Surety had the authority to do so on the date of the bonds. The date of the
certification cannot be earlier than the Agreement.
3. DEFAULT:
7
As a result of bids received under this Invitation, the award of the contract may be based,
in whole or in part, on delivery and specification factors. Accordingly, should the
Contractor not meet the delivery deadline(s) set forth in the specifications or should the
Contractor fail to perform any of the other provisions of the specifications and/or other
contract documents, the City may declare the Contractor in default and terminate the
whole or any part of the contract. Upon declaring the Contractor in default and the
contract in whole or in part, the City may procure and/or cause to be delivered the
equipment, supplies, or materials specified, or any substitutions therefor and the
Contractor shall be liable to the City for any excess costs resulting therefrom. In the
event the Contractor has been declared in default of a portion of the contract, the
Contractor shall continue the performance of the contract to the extent not terminated
under the provisions of this paragraph. Where the Contractor fails to comply with any of
the specifications, except for delivery deadline(s), the City may, in its discretion, provide
the Contractor with written notification of its intention to terminate for default unless
prescribed deficiencies are corrected within a specified period of time. Such notification
shall not constitute a waiver of any of the City's rights and remedies hereunder.
4. PATENT INDEMNITY:
Except as otherwise provided, the successful respondent agrees to indemnify the City and
its officers, agents, and employees against liability, including costs and expenses for
infringement upon any letters patent of the United States arising out of the performance of
this Contract or out of the use or disposal by or for the account of the City or supplies
furnished or construction work performed hereunder.
5. PRICING:
Pricing should be provided as indicated on the Scope of Work/Bid Sheet attached, to
include any alternate bids. Please note that alternate bids will not be accepted unless
specifically called for on the Scope of Work/Bid Sheet. A total shall be entered for each
item bid. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed to be correct.
By submission of this bid, the Respondent certifies, and in the case of a joint bid, each
party thereto certifies as to its own organization,that in connection with this procurement:
a) The Respondent represents that the article(s) to be furnished under this Invitation to
Bid is (are) new and unused (unless specifically so stated) and that the quality has not
deteriorated so as to impair its usefulness.
b) The prices in this bid have been arrived at independently, without consultation,
communication, or agreement for the purpose of restriction competition, as to any
matter relating to such prices with any other respondent or with any competitor;
c) Unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the Respondent and will not knowingly be disclosed
by the Respondent prior to opening, directly or indirectly to any other respondent or to
any competitor;
8
d) No attempt has been made or will be made by the Respondent to induce any other
person or firm to submit or not to submit a bid for the purpose of restricting
competition. Every contract, combination or conspiracy in restraint of trade or
commerce in this State is unlawful (Florida SS 542.18 and all applicable federal
regulations);
e) Respondent warrants the prices set forth herein do not exceed the prices charged by
the respondent under a contract with the State of Florida Purchasing Division; and
f) Respondent agrees that supplies/services furnished under this quotation, if awarded,
shall be covered by the most favorable commercial warranties the Respondent gives
to any customer for such supplies/services and that rights and remedies provided
herein are in addition to and do not limit any rights offered to the City by any other
provision of the bid award.
6. DISCOUNTS:
a) Trade and time payment discounts will be considered in arriving at new prices and in
making awards, except that discounts for payments within less than 30 days will not
be considered in evaluation of bids. However, offered discounts will be taken for less
than 30 days if payment is made within discount period.
b) In connections with any discount offered, time will be computed from date of
delivery and acceptance at destination, or from the date correct invoice is received
in the office of Finance, whichever is later. Payment is deemed to be made, for
the purpose of earning the discount, on the date of City Check.
7. SAMPLES:
Samples of items, when required, must be furnished free of expense to the City and if not
called for within fifteen days from date of bid opening, same will be disposed of in the
best interest of the City.
8. AWARD CRITERIA:
The contract will be recommended to be awarded to the overall lowest most responsive
and responsible bidder according to the following criteria:
• Compliance with specifications,terms, and conditions
• Bid Price
• Warranty Offered
• Delivery Time
• Experience with similar work
9. LITERATURE:
9
If required by the Bid Schedule, or the specifications, descriptive literature/brochures
shall be included with this bid in order to properly evaluate make/model offered. Bids
submitted without same may be considered non-responsive and disqualified.
10. DISPUTES:
Any bidder who disputes the reasonableness, necessity, or competitiveness of the terms
and/or conditions of the Invitation to Bid, selection or award recommendation shall file a
protest in writing to Joyce Tolbert, Buyer not later than seventy-two (72) hours after
award.
11. PAYMENT TERMS:
Payment will be based upon monthly draws equal to the percentage of work complete less
10% retainage to be paid when job is complete, unless otherwise stated in the contract.
Payment for work completed will be made within(30) days of approved invoice.
No payment will be made for materials ordered without proper purchase order authori-
zation. Payment cannot be made until materials, goods or services, have been re-
ceived and accepted by the City in the quality and quantity ordered.
Any contract resulting from this solicitation is deemed effective only to the extent of
appropriations available.
The City of Ocoee, Florida has the following tax exemption certificates assigned:
• Florida Sales &Use Tax Exemption Certificate No. 58-00-094593-54C; and
• The City is exempt from federal excise, state, and local sales taxes.
12. CONTRACT:
a) The successful Respondent, hereinafter referred to as "Contractor" will be required to
enter into a contract with the City. The contract shall mean a written agreement or
City issued purchase order.
b) The City may in its sole discretion award any additional work, whether in the existing
areas, or in any additional area, or any additional area,to any third party, or such work
may be performed by the City's employees. Contractor will be expected to cooperate
with any or all other Contractors who may be performing work for the City.
13. SAFETY REQUIREMENTS:
The Respondent guarantees that the services to be performed and the goods to be
provided herein, shall comply with all applicable federal, state and local laws, ordinances,
regulations, orders and decrees, including without limitation such of the following acts as
10
may be applicable: Federal Consumer Product Safety Act, Federal Fair Labor Standards
Act, Occupational Safety and Health Act, Federal Hazardous Substances Labeling Act,
Federal Flammable Fabrics Act, and any applicable environmental regulations.
a) All contractors are required to comply with the Congressional Federal Register(CFR)
of the U.S. Department of Labor, Occupational Safety and Health Administration
(OSHA) Construction Industry, Part 1926, and CFR 1910, General Industry
Standards,that are applicable in construction work.
b) The prime contractor is not only responsible for the safety aspects of his operation and
employees, but also that of all subcontractors on the job site.
c) Assure that a certified first aid person is designated, phone numbers of physicians,
hospital and ambulance services are posted (copy to Personnel Director, City of
Ocoee) and that a first aid kit is available.
d) All individuals are required to wear hard hats on all construction sites.
e) Provide personal protective equipment that may be required for jobs in progress (e.g.:
hard hats, safety glasses, respirators, ear protection, long pants and shirts, etc.).
f) Observe the speed limit on City property.
g) Construction areas cleaned daily,; excavations must be barricaded or flagged until
backfilled. In some cases, bracing, shoring and sloping may be required.
h) Scaffolds shall have guard rails on all open sides and secured to prevent displacement.
i) Powder actuated stud guns or low velocity and/or similar powder actuated tools
require eye and ear protection as well as to ensure that all unauthorized personnel are
well clear.
j) Welding and cutting - a fire watch and appropriate fire extinguisher shall be provided
and combustible materials cleaned up.
k) All heavy equipment must have, where applicable, (a) back-up alarms, (b) boom
angle indicator, ( c ) load chart, (d) reeving, (3) fire extinguisher, (f) condition of hook
and other items in accordance with OSHA 1926.550 and ANSI B30.5.
1) Construction material shall not be stored so as to block exits.
m) Ground fault circuit interrupters are required on all electrical circuits not part of the
permanent wiring of the building.
n) Personal fall protection must be provided at elevations exceeding ten(10) feet.
o) Per City Ordinance, any Contractor using construction dumpsters within the
City of Ocoee must obtain these services through Superior Waste Services of Florida,
Inc.
14. DRUG-FREE WORKPLACE:
If applicable, provide a statement concerning the Respondent's status as a Drug-Free
Work Place or evidence of an implemented drug-free workplace program.
15. CERTIFICATION OF NON-SEGREGATED FACILITIES
The Respondent certifies that the respondent does not and will not maintain or provide
for the respondent's employees any segregated facilities at any of the respondent's
establishments and that the respondent does not permit the respondent's employees to
perform their services at any location, under the respondent's control, where segregated
11
facilities are maintained. The Respondent agrees that a breach of this certification will be
a violation of the Equal Opportunity clause in any contract resulting from acceptance of
this Bid. As used in this certification, the term "segregated facilities" means any waiting
room, work areas, time clocks, locker rooms and other storage and dressing areas,parking
lots, drinking facilities provided for employees which are segregated on the basis of race,
color, religion, national origin, habit, local custom, or otherwise. The Respondent agrees
that (except where the respondent has obtained identical certification from proposed
contractors for specific time periods) the respondent will obtain identical certifications
from proposed subcontractors prior to the award of such contracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity clause, and that the
respondent will retain such certifications in the respondent's files.
The non-discriminatory guidelines as promulgated in Section 202, Executive Order
11246, and as amended by Executive Order 11375 and as amended, relative to Equal
Opportunity for all persons and implementations of rules and regulations prescribed by
the U.S. Secretary of labor, are incorporated herein.
16. STATEMENT OF AFFIRMATION AND INTENT:
The respondent declares that the only persons, or parties interested in their bid are those
named herein,that this bid is, in all respects, fair and without fraud and that it is made
without collusion with any other vendor or official of the City of Ocoee.Neither the
Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive
pricing in connection with the entity's submittal for the above project. This statement
restricts the discussion of pricing data until the completion of negotiations and execution
of the Agreement for this project.
The respondent certifies that no City Commissioner, other City Official or City employee
directly or indirectly owns assets or capital stock of the bidding entity, nor will directly or
indirectly benefit by the profits or emoluments of this proposal. (For purposes of this
paragraph, indirect ownership or benefit does not include ownership or benefit by a
spouse or minor child.)
The respondent certifies that no member of the entity's ownership or management is
presently applying for an employee position or actively seeking an elected position with
the City. In the event that a conflict of interest is identified in the provision of services,
the respondent agrees to immediately notify the City in writing.
The respondent further declares that a careful examination of the scope of services,
instructions, and terms and conditions of this bid has occurred, and that the bid is made
according to the provisions of the bid documents, and will meet or exceed the scope of
services, requirements, and standards contained in the Bid documents.
Respondent agrees to abide by all conditions of the negotiation process. In conducting
negotiations with the City, respondent offers and agrees that if this negotiation is
12
accepted, the respondent will convey, sell, assign, or transfer to the City all rights, title,
and interest in and to all causes of action it may now or hereafter acquire under the Anti-
trust laws of the United States and the State of Florida for price fixing relating to the
particular commodities or services purchased or acquired by the City. At the City's
discretion, such assignment shall be made and become effective at the time the City
tenders final payment to the respondent. The bid constitutes a firm and binding offer by
the respondent to perform the services as stated.
17. PUBLIC ENTITY CRIME STATEMENT:
All invitations to bid as defined by Section 287.012(11), Florida Statutes, requests for
proposals as defined by Section 287.012(16), Florida Statutes, and any contract document
described by Section 287.058, Florida Statutes, shall contain a statement informing
persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which
reads as follows:
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
All respondents who submit a Bid or Request for Proposal to the City of Ocoee are
guaranteeing that they have read the previous statement and by signing the bid
documents are qualified to submit a bid under Section 287.133, (2)(a), Florida
Statutes.
18. PERMITS/LICENSES/FEES:
a) Any permits, licenses or fees required will be the responsibility of the contractor; no
separate payments will be made.
b) The City requires a City of Ocoee registration if permitting is required. Please contact
the City's Protective Inspections Department at (407)905-3100 extension 1000,
directly for information concerning this requirement.
c) Adherence to all applicable code regulations (Federal, State, County, and City) is the
responsibility of the contractor.
19. INSURANCE REQUIREMENTS:
The Contractor shall not commence any work in connection with an Agreement until all
of the following types of insurance have been obtained and such insurance has been
approved by the City, nor shall the Contractor allow any Subcontractor to commence
work on a subcontract until all similar insurance required of the subcontractor has been so
13
obtained and approved. Policies other than Workers' Compensation shall be issued only
by companies authorized by subsisting certificates of authority issued to the companies by
the Department of Insurance of Florida and which maintain a Best's Rating of "A" or
better and a Financial Size Category of "VII" or better according to the A.M. Best
Company. Policies for Workers' Compensation may be issued by companies authorized
as a group self-insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money which may represent a deductible in any insurance policy. The
payment of such deductible shall be the sole responsibility of the General Contractor
and/or subcontractor providing such insurance.
b) Workers' Compensation Insurance: The Contractor shall take out and maintain during
the life of this Agreement, Worker's Compensation Insurance for all the Contractor's
employees connected with the work of this project and, in any case any work is sublet,
the Contractor shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Contractor. Such insurance shall comply
fully with the Florida Workers' Compensation Law. In case any class of employees
engaged in hazardous work under this contract for the City is not protected under the
Workers' Compensation statute, the Contractor shall provide, and cause each
subcontractor to provide adequate insurance, satisfactory to the City, for the protection
of the Contractor's employees not otherwise protected.
c) Contractor's Public Liability and Property Damage Insurance: The Contractor shall
take out and maintain during the life of this Agreement COMMERCIAL
AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an
additional insured, as shall protect the Contractor from claims for damage for personal
injury, including accidental death, as well as claims for property damages which may
arise from operations under this Agreement whether such operations be by the
Contractor or by anyone directly or indirectly employed by the Contractor, and the
amounts of such insurance shall be the minimum limits as follows:
1) AUTOMOBILE BODILY INJURY LIABILITY
• $1,000,000 Combined single limit per occurrence (each person, each accident)
2) AUTOMOBILE PROPERTY DAMAGE LIABILITY
• $1,000,000 Combined single limit per occurrence
3) COMPREHENSIVE GENERAL LIABLILITY - this policy should name the City of
Ocoee as an additional insured and should indicate that the insurance of the Contractor
is primary over the insurance of the City of Ocoee.
• $1,000,000 PROPERTY DAMAGE LIABILITY (other than automobile) Combined
single limit per occurrence
• $1,000,000 BODILY INJURY (other than automobile) Combined single limit per
occurrence
• $2,000,000 GENERAL AGGREGATE
• $1,000,000 PRODUCTS/COMPLETED OPERATIONS
• $1,000,000 PERSONAL & ADVERTISING INJURY
14
d) Subcontractor's Public Liability and Property Damage Insurance: The Contractor shall
require each subcontractor to procure and maintain during the life of this subcontract,
insurance of the type specified above or insure the activities of these subcontractors in
the Contractor's policy, as specified above.
e) Owner's Protective Liability Insurance: The Contractor shall procure and furnish an
Owner's Protective Liability Insurance Policy with the following minimum limits is
required if the City is not named as an additional insured under the General Liability
policy:
1) BODILY INJURY LIABILITY
• $1,000,000 Combined single limit per occurrence
2) PROPERTY DAMAGE LIABILITY
• $1,000,000 Combined single limit per occurrence
0 Contractual Liability - Work Contract: The Contractor's insurance shall also include
contractual liability coverage. NOTE: PUBLIC LIABILITY INSURANCE AND
AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS
ADDITIONAL INSURED.
g) Certificates of Insurance: Certificate of Insurance Form, naming the City of Ocoee as
an additional insured will be furnished by the Contractor upon notice of award.
These shall be completed by the authorized Resident Agent and returned to the Office
of the Buyer. This certificate shall be dated and show:
1) The name of the Insured contractor, the specific job by name and job number, the
name of the insurer, the number of the policy, its effective date, its termination date.
2) Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior
to any material changes in provisions or cancellation of the policy.
15
20. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY
NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE #:
(Attach additional sheets if necessary)
The respondent certifies that the respondent has investigated each
subcontractor/temporary worker agency listed and has received and has in the
respondent's files evidence that each subcontractor/temporary worker agency maintains a
fully-equipped organization capable, technically and financially, of performing the
pertinent work and that the subcontractor/temporary agency has done similar work in a
satisfactory manner. It is further acknowledged by the contractor that any CHANGE
or OMISSIONS in the subcontractors listed above shall require the City of Ocoee's
approval before any work shall commence by the additional subcontractor on this
project.
21. EQUIPMENT LISTING:
Please list year, make & model of all equipment that will be used on City of Ocoee
properties, including whether owned or leased. If leased please provide name of lessor.
16
22. REFERENCES/EXPERIENCE OF RESPONDENT WITH
SIMILAR WORK
The Respondent shall complete the following blanks regarding experience with similar
type of work. Respondent must demonstrate ability to perform services of similar
complexity, nature, and size of this project within past three years.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND ADDRESS/
TELPHONE NUMBER/NAME OF CONTACT
Have you any similar work in progress at this time? Yes_ No _. Length of time in
business
Bank or other financial references:
(Attach additional sheets if necessary)
23. SUMMARY OF LITIGATION:
Provide a summary of any litigation, claim(s), bid or contract dispute(s) filed by or
against the respondent in the past five (5) years which is related to the services that the
respondent provides in the regular course of business. The summary shall state the nature
of the litigation, claim, or contact dispute, a brief description of the case, the outcome or
projected outcome, and the monetary amounts involved. If none, please so state.
17
B04-08 SCOPE OF WORK/SPECIAL CONDITIONS
SAWMILL WALL REHABILITATION AND RECONSTRUCTION
The project is located on the north side of Sawmill Boulevard, in the Sawmill Subdivision, east
of Apopka-Vineland Road, and south of Clarcona-Ocoee Road. The existing cinder-block wall
and foundation are structurally damaged and require rehabilitation and reconstruction.
The work shall include construction of a new footer, rehabilitation of the existing footer,
demolition of the existing wall, construction of a new wall, and landscaping as specified in the
construction drawing.
Project requirements are as follows:
Time to Start: Contractor shall begin work within 15 days of the award of the contract.
Construction Time: Thirty (30) calendar days is allowed for the complete construction of the
project. Time shall start on the 16th day after the notice to proceed. Request for allowance for
rain days and adjustments to the construction time shall be presented to the City project manager
for approval.
Access: Contractor shall maintain full and safe access to all residential dwellings, agricultural
buildings, and businesses within the project site.
Work Hours: Work hours shall be limited between the hours of 6:00 AM and 7:00 PM, Monday
through Saturday. City Ordinance does not permit work on Sundays.
Road Closures: No road closures are permitted.
Traffic Control: Contractor shall be responsible for work zone signs in accordance with the
requirements of the latest Edition of the MUTCD. Contractor shall provide flagging operation
for momentary traffic stoppage in accordance with the requirements of the latest Edition of the
MUTCD. Safe pedestrian traffic pattern shall be provided at all times.
Utility Locations: Contractor shall be responsible for contacting the utility companies for location
of the underground utilities. All damage to utilities as a result of contractor's action, above or
below ground shall be fully restored at the expense of the contractor. For location of utilities,
contact Sunshine One Call at 1-800-432-4770.
Inspections: Contractor shall be responsible to notify the City project manager of all events
related to the project. City will not provide full time construction observation; therefore, failure
of the City to identify discrepancies shall not relieve the contractor of their obligation to
construct the project according to the plans and specifications. City will conduct periodic
inspection to ensure compliance.
18
Specifications & Standards: Refer to project construction drawings for specifications, standards,
details, and materials.
Security: Contractor shall be responsible for installing and maintaining a temporary secure
chain-link fencing along project limits on the south side of the existing wall to prevent intrusion
by wild or domestic animals into the private property. Any harm caused to livestock due to a
security lapse or action of the contractor shall be the responsibility of the contractor.
Final Acceptance: After a final inspection, City shall formally accept the project from the
contractor. The contractor shall contact the City Engineering office at (407) 905-3100 x 1505 to
arrange for a final inspection.
19
CITY OF OCOEE
BID#B04-08 BID FORM
SAWMILL WALL REHABILITATION AND RECONSTRUCTION
Total Lump Sum Bid $ .
Dollars and Cents
Company Name
Authorized Signature
Name/Title (Please Print)
20
Bid#B04-08 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND
ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID
SHEET"ARE ACCURATE AND WITHOUT COLLUSION.
COMPANY NAME TELEPHONE(INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
NAME/TITLE(PLEASE PRINT)
STREET ADDRESS
CITY STATE ZIP
FEDERAL ID#
Individual Corporation Partnership Other(Specify)
Sworn to and subscribed before me this day of _,20
Personally Known or
Produced Identification
Notary Public-State of
(Type of Identification) County of
Signature of Notary Public
Printed,typed or stamped
Commissioned name of Notary Public
21
Bid#B04-08 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND
ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORK/BID
SHEET"ARE ACCURATE AND WITHOUT COLLUSION.
R •
CC Ylco-A-ArtAC:h • 14bl - g5-7---11-1-)Lt)
COMPANY NAME LEPHONEINCLUDEAREA CODE)
'110-1 -S 5-7 -ta `46
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
•
I I- l C)2-- IF REMITTANCE ADDRESS IS DIFFERENT
AUTH RIZED SIGNAT (manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
• k I YY1 restC.ek4-
NAME/TITLE(PLEASE PRINT)
n Ln t.-der ,,.. D -lC> v- ) } . 3A
rryTAD SS „
CITY STATE ZIP
FEDERAL ID# ' ', ?
Individual Corporation Partnership Other(Specify)
Sworn to and subscribed before me this / day of Gas.,
., x ,20 Q,�!
Y.: Personally Known ic or
Produced Identification
Notary Public-State of L
(Type of Identification) Co my of 00e9i/G F
Signature of Notary Public
Printed,typed or stamped
Commissioned name of Notary Public
Fr:•i.• pAmaittairmbw.
yM'021111M F'S/
' No.t�'013114
P«sonary 14rown .I Other I.D.
21
I
CITY OF OCOEE
IBID#B04-08 BID FORM
SAWMILL WALL REHABILITATION AND RECONSTRUCTION
I
Total Lump Sum Bid (-- $ it13 Dno .no
i
I , D.oe,h(„Lyicb7:-."(-.4 4-_,, i v el
-f-iit-)e."1-4 Ga r2 Ci Dollars and Z,e....:r-0 Cents
I • • -
II • ,
k,
....---
I • -.--4( Ice, R1)&41-"L-IC:inok do .
01.2)cput any Name„,
17z
1 Apth . ed Signature , ,
•
I 1 • -pra Jr/ Ce 4Pc,ide,,o
Name/Title tle(Please Print)
I
i
20
CITY OF OCOEE BID#B04-08 BID FORM SAWMILL WALL REHABILITATION A... Page 1 of 5
CITY OF OCOEE BID #B04-08 BID FORM SAWMILL WALL
REHABILITATION AND RECONSTRUCTION
Total Lump Sum Bid $ 147,900 • 00
One Hundred forty seven thousand nine hundred Dollars and 00 Cents
American Persian Engineers & Constructors Inc.
Authorised Signature
file://Y:\Finance\SR_B0408_Sawmill_Wall\B04-08_Apec.htm 4/13/2004
CITY OF OCOEE BID #B04-08 BID FORM SAWMILL WALL REHABILITATION A... Page 2 of 5
Bid#B04-08 COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN
DISQUALIFICATION OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE
READ AND UNDERSTAND ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED
ON THE "SCOPE OF WORK/BID SHEET95 ARE ACCURATE AND WITHOUT COLLUSION.
AMERICAN PERSIAN ENGINEERS AND CONSTRUCTORS INC
IF REMITTANCE ADDRESS IS
DIFFERENT FROM PURCHASE
ORDER ADDRESS PLEASE
INDICATE BELOW:
COMPANY NAME
, 7)
AUTHORIZED SIGNATURE (manual)
Majid Fouladi - President
NAME/TITLE (PLEASE PRINT)
4436 Old Winter Gdn Rd
Orlando, Florida 32801
TELEPHONE (INCLUDE AREA CODE)
407 522 0530
FAX (INCLUDE AREA CODE)
407 532 8332
E-MAIL ADDRESS
CITY STATE ZIP
FEDERAL ID # 593527379
Individual _Corporation' _Partnership Other(Specify)_
Sworn to and subscribed before me this 6th day of APRIL, 2004
Personally Known_ or
Produced Identification
(Type of Identification)
file://Y:\Finance\SR_B0408_Sawmill_Wall\B04-08_Apec.htm 4/13/2004
CITY OF OCOEE BID #B04-08 BID FORM SAWMILL WALL REHABILITATION A... Page 3 of 5
Notary Public - State of Florida
County of Orange
aisk
Lj •
Signature of Notary Public
Printed,typed or stamped Commissioned name of Notary Public
21
s., DAHLIA AITCHESON
- cam Dorm,Exp.4/18/06
I jell No.DD 0`.37$7
r testi,, ,Karla
file://Y:\Finance\SR B0408_Sawmill_Wall\B04-08_Apec.htm 4/13/2004
CITY OF OCOEE BID #B04-08 BID FORM SAWMILL WALL REHABILITATION A... Page 4 of 5
22. REFERENCES/EXPERIENCE OF RESPONDENT
WITH SIMILAR WORK
The Respondent shall complete the following blanks regarding experience with similar
type of work. Respondent must demonstrate ability to perform services of similar
complexity, nature, and size of this project within past three years.
DATE OF CONTRACT/AMOUNT OF PROJECT/CLIENT'S NAME AND
ADDRESS/TELPHONE NUMBER/NAME OF CONTACT
Please See Attachment 1
Have you any similar work in progress at this time?Yes Length of time in business 8
Years
Bank or other financial references Regions Bank 6752 Conroy Rd Orlando, 407 253 4312
Hertz Equipment Rental-Rick Nicholls 407 240 2131
(Attach additional sheets if necessary)
23. SUMMARY OF LITIGATION:
Proyide a summary of any litigation^ claim(s), bid or contract dispute(s),filed by or
against the respondent in the past five (5) years which is related to the services that the
respondent provides in the regular course of business. The summary shall state the
nature of the litigation, clai
m, or contact dispute, a brief description of the case, the
outcome or projected outcome, and the monetary amounts involved. If none, please so
state.
N/A
17
file://Y:\Finance\SR_B0408_Sawmill_Wall\B04-08_Apec.htm 4/13/2004
CITY OF OCOEE BID #B04-08 BID FORM SAWMILL WALL REHABILITATION A... Page 5 of 5
20. LIST OF SUBCONTRACTORS:
SUBCONTRACTOR and/or TEMPORARY WORKER AGENCY
NAME/ADDRESS/FEDERAL I.D. NO./CONTACT PERSON/PHONE#:
WT & COMPANY—WAYNE TEELUKSINGH—407 256 - 5132
NEW WORLD MASONARY—JOHN HEWITT—407 383 -5670
21.
(Attach additional sheets if necessary)
The respondent certifies that the respondent has investigated each subcontractor/temporary
worker agency listed and has received and has in the respondent's files evidence that each
subcontractor/temporary worker agency maintains a fully-equipped organization capable, technically
and financially, of performing the pertinent work and that the subcontractor/temporary agencyhas done
similar work in a satisfactory manner; It is further acknowledged by the contractor that any CANGE or
OMISSIONS in the subcontractors listed above shall require the City of Ocoee's approval before any
work shall commence by the additional subcontractor on this project.
EQUIPMENT LISTING:
Please list year make &model of all equipment that will be used on City of Ocoee properties, including
whether owned or leased. If leased please provide name of lessor.
BOBCAT 763—OWNED- 1998
JOHN DEERE - RUBBER TIRE BACKHOE— 1997 - OWNED
16
file://Y:\Finance\SR_B0408_Sawmill_Wall\B04-08_Apec.htm 4/13/2004
CITY OF OCOEE
BID#B04-08 BID FORM •
SAWMILL WALL REHABILITATION AND RECONSTRUCTION
Total Lump Sum Bid $ / C/ - 7 , OO
•
,h�CG Icbud/2b7 /_La 6,:at 2 ollars and 720 Cents
G/G2 'Utrict'f'G4 r w 1 _;ak'-Z1P•9t..•
x
SL)
/ _
Company \ M ` :
Authorized igna h re .
Name/Title (ease Print) /
t
I
20
Y:.
Bid#B04-0S COMPANY INFORMATION/SIGNATURE SHEET
FAILURE TO COMPLY WITH THESE BID INSTRUCTIONS WILL RESULT IN DISQUALIFICATION
OF YOUR BID. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND
ALL BID INSTRUCTIONS AND THAT THE PRICES REFLECTED ON THE "SCOPE OF WORIUBID
SHEET"ARE ACCURATE AND WITHOUT COLLUSION.
•S1) .er4 80/nS'tvic-es,/ti . No 7) X77 —//0S-
COMPANY NAME J TELEPHONE(INCLUDE AREA CODE)
(40 7) g77— 71?-8
FAX (INCLUDE AREA CODE)
,SbeS l/I CcLn/CoYfrA
E-MAIL ADDRESS
40
. �� IF REMITTANCE ADDRESS IS DIFFERENT
A. vRIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS,
Syy PLEASE INDICATE BELOW:
NAME/TI (PLEASE P'
//(04 E P St/. S / 9
STREET ADDRESS
(.Jj "Le/6a Xc/.41, ,C 3S/7,P-7
CITY STATE ZIP
FEDERAL ID# 5/-3.5..:24//c/
Individual ,C Corporation Partnership Other(Specify)
Sworn to and subscribed before me this 4.0, day of ,200 .
Personally Known V or
Produced Identification
Notary Public-State of
(Type of Identification) County of QIi(.,rc ..
�t;_ ,• , .y` 3-e- ',Yolaf,lL Bobbie Sue Hancock
Signature of Notary Public ' •`+=Commission 138
Expires:Sepp 24,2006 •
% o� g:
Bonded Thru
'ttc=` Atlantic Bonding Co.,Inc.
Printed,typed or stamped
Commissioned name of Notary Public
21 �.
i:. - AIA Document A105' - 1993
Standard Form of Agreement Between Owner and Contractor for
a Small Project
where the Basis of Payment is a STIPULATED SUM
This AGREEMENT is made:this day of ,2004.
BETWEEN the Owner:
e„,.,ity,o wee- e
O Ci
(th " µty,'- >�: ,. •�;,.. . ,
aF.
�,.. . 3 4 K Fr 'rr •
. Y
:ij _ ^r ' - ' ' tr° -,`:,4,";;;;,,-,24",,'4 ' mio - �a .s- x@ft 10e.,' ,* �k ra�ay #, r""."1 7 `r. e. P 3, ,,k;Ix ::,-1,..v,: i '4,A,, • `' 4.d b r+s1 1 ADD
ITIO
N3 AND-DELETIONS
'ti 4i xi ,: .: _:ez., s -,' I„ 20be ttoo�`�e�U � ' Q = CtOXs � '' �� � t'.AThe author of this document ent
'� - , ', . ,. has added information.._ f�' . -,
and the Contractor needed for its!completion.
b, The author may also have
; i • '44-',: ': : "., revised the text of the
o�iyi,1wl AlA ,Lu,.du�d L� .i-
_.. ;'. ,' s._`' w_:. .: •
'_ `' _...,_ ,... ._._.-. Additions and Deletion..
_... ' An
Report that notes . -.
for the following Project: information ell ;5,,.**'°
revis•- '' tot standard
$110,111Wall Rehabilitation;and coons ITB , • •rm t s avail'
.Qg; ;;>.;: able from
. . ou
?a;3«: ... ._ - _.._... _... ..; th or andh ld be
re ed.
The Engineer is: This documen imp;
E greet nglechnologies,Ino. ' ,, legal consequences. •. •
` �j:j ; ��� _ "�'• _ .,= •'� Consultation with an
i�� 111:' - - � � ;.. t�".r..,,;:; ,
-. Erel. °'r:: , ,. t,; )..5,
''i - ney encouragwith
s�
:. hn Drr
i g._ e s
�, it c 1
:� �. ie
i
k- �s
.;} P t
,�Spi;tigs;l L 32'74=a :M�; ���- �..` :f.-'�',��:
_: :',4„:` or odific io
T k ill references to"Arcl ice! <-.. i w ',.c•- •:••.e "- .,,"``'i j?
i �* . . Ot"'intthis--A:gre zOent ertlie-G�nerl Condrtiotu 04,1,1 b,A; ;
cteenizec toLLmean"Owner". .I,;. _ ''
The Owner and Contractor agree as follows. :.. .,. .....
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contractor shall complete the Work described in the Contract Documents for the
project. The Contract Documents consist of:
.1 this Agreement signed by the Owner and Contractor; //';'"#''':--"----:
.2 AIA Document A205,General Conditions of the Contract for Construction
of a Small Project,current edition(as modified for this project); .
.3 the Drawings and Specifications prepared by the Architect, dated N/A,and ,
enumerated as follows:
3
ELECTRONIC COPYING of any
portion of this AIA® Document
to another electronic file is
prohibited and constitutes a
violation of copyright laws
as set forth in the footer of
Drawings:(N/A) this document.
AIA Document A105. - 1993. Copyright 0 1993 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any
portion of it, may result ,. severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 1
This draft was produced by AIA software at 16:33:23 on 04/08/2004 under Order No.1000105520 1 which expires on 03/14/2005, and is not for
resale.
User Notes:
(3210578044)
Number Title Date
Specifications: (NA)
Section Title Pages
.4 addenda prepared by the Architect as follows: (N/A) -
Number Date Pages
.5 written change orders or orders for minor changes in the Work issued after execution of this
Agreement;and
.6 other documents, if any,"identified as follows: i
City of Ocoee ITB#04-08 ForiSai<vinill Wall Rehabilitation.and Reconstruction,pages-1,throitgh;21(tlie
"BidPackage").
ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE E
The date of commencement shall be the date of this Agreement unless otherwise indicated beIZSw. The Contractor
shall substantially complete the Work not later than(See below),subject to adjustment by ge Order.
(Insert the date or number of calendar days after the date of commencement.) r--
Ctitr co °"I begin eworkn,
o,la een`(1�,'-dnsn40' 'u< 4c
7.f.
nth °�ictt<Pro�aedjrith"�
0
' ii . .nc tDat shallie`,, e{�Sytt )ali aft Ftirh - o604d tlie0i etiCag
j s it CLl� l �� 4ni ?3.*t''_� ' . � f$ >.. s� l ,.�': ��''» ;� ;i>,4, CA°i .`_ tea,:, - •s r 9 :K ,;. .Ca ,i.. .y:• - .g, -t, . K; _ i
ARTICLE 3 CONTRACT SUM
§3.1 Subject to additions and deductions by Change Order,the Contract Sum is:
..._.max t"u>:...,..._...:. ........».,,... ....e.x._ ,..._ .....:-ks..�'`r.°�.:rU.H_ .a <:Y',� , ..�
§3.2 For purposes of payment,the Contract Sum includes the following values related to portion a Wo
Portion of Work 0.00
,a.., •�_:.= •_ � -gip ,:r
' :_;=�- _
.,...3`�,.; > . al
§3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the
Work.
ARTICLE 4 PAYMENT
/V'
§4.1 Based on Contractor's Applications for Payment,the Owner shall pay the Contractor as f lows:
•
(Here insert payment procedures and provisions for retainage, if any.)
§4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the
annual rate of 7%si nple interest.
, 77"...----
AIA Document A105a' - 1993. Copyright a 1993 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any 2
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
This draft was produced by AIA software at 16:33:23 on 04/08/2004 under Order No.1000105520 1 which expires on 03/14/2005, and is not for
resale.
User Notes:
(3210578044)
ARTICLE 5 INSURANCE
§5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows:
(Insert specific insurance required by the Owner.)
I
See Bid Package pages 13 through 15 for insurance
requirements 7-1
§5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as follows:
(Insert specific insurance furnished by the Owner.)
Type of insurance ' '
See Bid Package pages 13 through 15 for insurance requirements. - •- -
§5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's
obligations under Section 3.12 of AIA Document A205,General Conditions of the Contract for Construction of .
Small Projects.
§5.4 Certificates of insurance shall be provided by each party showing their respective coverages ' r to
commencement of the Work.
ARTICLE 6 OTHER TERMS AND CONDITIONS
(Insert any other terms or conditions below.) i,
6.1 Dispute Resolution. As a condition precedent to the filing of any suit or other legal proceedm ,
the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Mediation shall be
initiated by any party by serving a written request for same on the other party. If the partiesagree on the
selection of a mediator, then the Owner shall select the mediator, who, if selected solely b the Owner, hall b
mediator certified by the Supreme Court of Florida. No suit or other legal proceedin sh a ed n ' the
mediator declares an impasse, which declaration, in any event shall be issued by the mediat_r not late than si
(60) days after the initial conference. The expenses of the mediator shall be borne equally by the Owner the
Contractor.
l
6.2 No Damages to Contractor for Delay,Disruption or Acceleration. An extension of tinie shall
be the sole remedy available to the Contractor for delay, disruption or acceleration. Under no circumstances shall
the Contractor be entitled to damages for delay, disruption, acceleration or any extensi
Contractor.
6.3 Warranty. Contractor warrants that all workmanship and materials shall b ee of defects for a
period of one (1) year from the date of Final Payment. Contractor shall repair or replac at i wn expense,
directed by Owner,any defects in workmanship or materials which appear within one(1)y ar m the date of Final
Payment,provided however,that any defect that is hidden or latent shall be repaired or replaced within one(1)year
of the date when Owner discovers such defect. Contractor further warrants that all repair:or replacement work
performed to repair or replace defective work or materials shall also be warranted to be free of defects for a period ' .
of one (1)year from the date such repair or replacement is accepted by the Owner. Contractor shall commence and
diligently pursue the correction of any defect not later than fifteen(15)days of receiving Owner's written notice of
such defect. If Contractor does not commence or diligently pursue to repair or replace such-defects-in-workmanship----.. .
or materials within the fifteen (15)-day period, then Owner may repair or replace such defects and contractor shall
AIA Document A105.. - 1993. Copyright ® 1993 by The American Institute of Architects. All rights reserved. WARNING: This ASA` Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 3
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reimburse Owner for the costs thereof, including all interest, attorneys' fees and costs of collection. Contractor shall
assign and/or transfer to the Owner all manufacturer's direct warranties for components, materials, electrical panels
or appliances as a condition precedent to receiving Final Payment. All such manufacturer's warranties shall be for a
period of not less than two(2)years.
6 4. P vmeti'i end Performance Bond. The paynnent.lbond;shill be in coni it an eyrith:Florida;Statutes, .,::
Section 255:0 _The bi in*nce band shall be inform and:confent acceptable tv the C caner
This Agreement entered into as of the day and year first written above.
(If required by law, insert cancellation period, disclosures or other warning statements above the signatures. --
Signed,Sealed and Delivered CITY OF OCOEE,FLORIDA
in the Presence of:
By:
S. Scott Vandergrift,Ilayor
Print Name:
Print Name: ATTEST:
Name:
Title:
(SEAL)
•
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CI
THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND ON ,20
LEGALITY this day of UNDER AGENDA ITEM NO.
,20
FOLEY&LARDNER
By:
City Attorney
•
CONTRACTOR(Signature)
(Printed name and title)
LICENSE NO.:
JURISDICTION:
AIA Document A10Sm - 1993. Copyright C 1993 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document
is protected by U.S. Copyright Law and International Treaties. Un,•-`horized reproduction or distribution of this AIA' Document, or any
portion of it, may result in severe civil and criminal penalties, ,uud will be prosecuted to the maximum extent possible under the law. 4
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AIA Document A205' - 1993
General Conditions of the Contract for Construction of a
Small Project
for the following PROJECT:
(Name and location or address):
Sawmill Wall A=205
THE OWNER:
(Name and address): 'ADDITIONS AND-DELETIONS:
:,.,- -., The author f this document
Y: £,.r ,has added information
T;7, _. . ..._ ...,.,...;, '?.: .. :needed for its completion.
The author inay;also have
THE ARCHITECT: 'revise t e text of the
(Name and address): el AIA .,tared,rd tolnr.
'fl iy1Y1
s •'Y , „ An Additions and Deletion
• :<., _. �:. Report that notes
information ell a
revis' to t s andard
ARTICLE 1 GENERAL PROVISIONS rm to s avail b1e from
§1.1 THE CONTRACT :th or and sho ld be
The Contract represents the entire and integrated agreement between the parties and re ed.
supersedes prior negotiations,representations or agreements, either written or oral. The This documen imPoi
Contract may be amended or modified only by a written modification. legal consequences. {
Consultation with an
§1.2 THE WORK at ney encourag with
The term"Work"means the construction and services required by the Contract esp it c leti
Documents,and includes all other labor,materials,equipment and services provided by or odifica io .
the Contractor to fulfill the Contractor's obligations.
§1.3 INTENT
The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the Contractor. The Contract Documents are
complementary,and what is required by one shall be as binding as if required by all.
§1.4
OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,SPECIFICATIONS AND OTHER DOCU
MENTS
Documents prepared by the Architect are instruments of the Architect's service for use
solely with respect to this project. The Architect shall retain all common law,statutory
and other reserved rights,including the copyright. They are not to be used by the
Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier for
other projects or for additions to this project outside the scope of the Work without the
specific written consent of the Owner and Architect. ELECTRONIC COPYING of any
portion of this AIA® Document
ARTICLE 2 OWNER to another electronic file is
§2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER prohibited and constitutes a
§2.1.1 If requested by the Contractor,the Owner shall furnish and pay for a survey and a violation of copyright laws
legal description of the site. as set forth in the footer of
§2.1.2 Except for permits and fees which are the responsibility of the Contractor under this document.
the Contract Documents,the Owner shall obtain and pay for other necessary approvals,
easements,assessments and charges.
AIA Document A205s'- 1993. Copyright 0 1993 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any
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§2.2 OWNER'S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the Contract Documents,the Owner may
direct the Contractor in writing to stop the Work until the correction is made.
§2.3 OWNER'S RIGHT TO CARRY OUT THE WORK —
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a seven day period after receipt of written notice from the Owner to correct such default or neglect with
diligence and promptness,the Owner may,without prejudice to other remedies,correct sucJ deficiencies. In such
case,a Change Order shall be issued deducting the cost of correction from payments due the Contractor.
§2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS;
§2.4.1 The Owner reserves the right to perform construction or operations related to the projeci with the Owner's
own forces,and to award separate contracts in connection with other portions of the project.
§2.4.2 The Contractor shall coordinate and cooperate with separate contractors employed by"tffe Owner.
§2.4.3 Costs caused by delays or by improperly timed activities or defective construction Minix borne by the party
responsible therefor.
ARTICLE 3 CONTRACTOR
§3.1 EXECUTION OF THE CONTRACT
Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become
familiar with local conditions under which the Work is to be performed and correlated personal obsul vatiuns with 1
requirements of the Contract Documents.
§3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
The Contractor shall carefully study and compare the Contract Documents with each other and with informatio
furnished by the Owner. Before commencing activities,the Contractor shall: (1)take field measuremen . verify,e'"-°'
field conditions;(2)carefully compare this and other information known to the Contractor with s- 'ontract
Documents;and(3)promptly report errors,inconsistencies or omissions discovered to the itect
•
§3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
§3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and atte /. The
Contractor shall be solely responsible for and have control over construction means,methods,techniques, -nces
and procedures,and for coordinating all portions of the Work.
§3.3.2 The Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner
through the Architect the names of subcontractors or suppliers for each portion of the Work. Th • ect will
promptly reply to the Contractor in writing if the Owner or the Architect,after due investiga • n,has reasonable
objection to the subcontractors or suppliers listed.
§3.4 LABOR AND MATERIALS
§3.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and:pay for labor,
materials,equipment,tools,utilities,transportation,and other facilities and services necessary for proper execution
and completion of the Work.
§3.4.2 The Contractor shall deliver,handle,store and install materials in accordance with manufacturers'
instructions.
§3.5 WARRANTY
The Contractor warrants to the Owner and Architect that: (1)materials and equipment fumishe• •nder the Contract
will be new and of good quality unless otherwise required or permitted by the Contract Doc ent • t e Work
will be free from defects not inherent in the quality required or permitted;and(3)the Work ill onform to the .
requirements of the Contract Documents. •
§3.6 TAXES •
The Contractor shall pay sales,consumer,use and similar taxes that are legally required when the Contract is
executed.
AIA Document A205s' - 1993. Copyright 6 1993 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA* Document, or any
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§3.7 PERMITS,FEES AND NOTICES
§3.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees,licenses
and inspections necessary for proper execution and completion of the Work.
§3.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If
the Contractor performs Work knowing it to be contrary to laws,statutes, ordinances,building codes,and rules and
regulations without notice to the Architect and Owner,the Contractor shall assume full resl1maibility for such Work
and shall bear the attributable costs. The Contractor shall promptly notify the Architect in Writing of any known
inconsistencies in the Contract Documents with such governmental laws,rules and regulations.i
§3.8 SUBMITTALS
The Contractor shall promptly review,approve in writing and submit to the Architect Shop Dr
Samples and similar submittals required by the Contract Documents. Shop Drawings,Product bata, Samples and
similar submittals are not Contract Documents.
§3.9 USE OF SITE
The Contractor shall confine operations at the site to areas permitted by law,ordinances,p ,the Contract
Documents and the Owner.
§3.10 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its
parts fit together properly.
§3.11 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to
the Work.
§3.12 INDEMNIFICATION
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the 0 chite
Architect's consultants and agents and employees of any of them from and against claims, 'ages • -'s and
expenses,including but not limited to attorneys'fees,arising out of or resulting from perfo .. _ of the Work;
provided that such claim,damage,loss or expense is attributable to bodily injury,sickness, e or• : • or to ,
injury to or destruction of tangible property(other than the Work itself)including loss of use resul _ I erefrom,but
only to the extent caused in whole or in part by negligent acts or omissions of the Contractor,a Subcontrac . '"`"M.,,,,,
anyone directly or indirectly employed by them or anyone for whose acts they may be liable_, =_ . _ . •
ARTICLE 4 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
§4.1 The Architect will provide administration of the Contract as described in the Contract oc ents. Th
Architect will have authority to act on behalf of the Owner only to the extent provided in the C ntract D uments
§4.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally
familiar with the progress and quality of the Work.
§4.3 The Architect will not have control over or charge of and will not be responsible for c•nstruction means,
methods,techniques,sequences or procedures,or for safety precautions and programs in c r
since these are solely the Contractor's responsibility. The Architect will not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract Documents.
§4.4 Based on the Architect's observations and evaluations of the Contractor's Applications f r Payart ntf,the
Architect will review and certify the amounts due the Contractor. 7
§4.5 The Architect will have authority to reject Work that does not conform to the Contract Documents.
§4.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals such
as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with
information given and the design concept expressed in the Contract Documents.
AIA Document A205. - 1993. Copyright e 1993 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distributio: E this AIA" Document, or any
portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 3
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§4.7 The Architect will promptly interpret and decide matters concerning performance under and requirements of
the Contract Documents on written request of either the Owner or Contractor.
§4.8 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from
the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and
decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show
partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith.
§4.9 The Architect's duties,responsibilities and limits of authority as described in the Contract Documents will not
be changed without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably I
withheld.
I
ARTICLE 5 CHANGES IN THE WORK
§5.1 After execution of the Contract,changes in the Work may be accomplished by Change Order or by order for a
minor change in the Work.The Owner,without invalidating the Contract,may order change lii the Work within the
general scope of the Contract consisting of additions,deletions or other revisions,the Contr"att Sum and Contract
riTime being adjusted accordingly.
§5.2 A Change Order shall be a written order to the Contractor signed by the Owner and Architect to change the
Work,Contract Sum or Contract Time. 3
§5.3 The Architect will have authority to order minor changes in the Work not involving clianges`ullhe contract
Sum or the Contract Time and not inconsistent with the intent of the Contract Documents. ,Such change
written orders and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders
promptly. _,.�(
§5.4 If concealed or unknown physical conditions are encountered at the site that differ materially from e ,,,,,......'"1
✓"�'
indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contr um '
Contract Time shall be subject to equitable adjustment.
ARTICLE 6 TIME
§6.1 Time limits stated in the Contract Documents are of the essence of the Contract. •
§6.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work,or by labor
disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control,the
Contract Time shall be extended by Change Order for such reasonable time as the Architect ma :,. +One. .
ARTICLE 7 PAYMENTS AND COMPLETION
§7.1 CONTRACT SUM
The Contract Sum stated in the Agreement,including authorized adjustments,is the total amount payable by
Owner to the Contractor for performance of the Work under the Contract Documents.
•
§7.2 APPLICATIONS FOR PAYMENT
§7.2.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the
Architect an itemized Application for Payment for operations completed in accordance with-the-values-stated ill the
Agreement. Such application shall be supported by such data substantiating the Contractor's right to payment as the
Owner or Architect may reasonably require and reflecting retainage if provided for elsewhere in the
Documents.
§7.2.2 The Contractor warrants that title to all Work covered by an Application for Paymen wi pass to the Owner
no later than the time of payment. The Contractor further warrants that upon submittal of Application for
Payment,all Work for which Certificates for Payment have been previously issued and payments received from the
Owner shall,to the best of the Contractor's knowledge, information and belief,be free and clear of liens,claims,
security interests or other encumbrances adverse to the Owner's interests.
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is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA. Document, or any
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§7.3 CERTIFICATES FOR PAYMENT
The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the
Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is
properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification
in whole or in part.
—
§7.4 PROGRESS PAYMENTS .
§7.4.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner
provided in the Contract Documents.
§7.4.2 The Contractor shall promptly pay each Subcontractor and material supplier,upon recei
the Owner,out of the amount paid to the Contractor on account of such entities'portion of the Work.
§7.4.3 Neither the Owner nor the Architect shall have responsibility for the payment of mopey to a Subcontractor or
material supplier.
§7.4.4 A Certificate for Payment,a progress payment,or partial or entire use or occupancy'of e project 637- e
Owner shall not constitute acceptance of Work not in accordance with the requirements of the ontract DocOients.
§7.5 SUBSTANTIAL COMPLETION
§7.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so the Owner can occupy orutiliLe the Wuik fun
its intended use.
§7.5.2 When the Work or designated portion thereof is substantially complete,the Architect will prepare a
Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish -
responsibilities of the Owner and Contractor,and shall fix the time within which the Contractor shall f item§„...
on the list accompanying the Certificate. Warranties required by the Contract Documents shall c•• . ence o e i
date of Substantial Completion of the Work or designated portion thereof unless otherwise : .vided ' e -
Certificate of Substantial Completion.
§7.6 FINAL COMPLETION AND FINAL PAYMENT
§7.6.1 Upon receipt of a fmal Application for Payment,the Architect will inspect the Work. When the Arc''° t .""``.s.,...
finds the Work acceptable and the Contract fully performed,the Architect will promptly issue a final Certificate o
Payment.
§7.6.2 Final payment shall not become due until the Contractor submits to the Architect rele es and waiv s of
liens,and data establishing payment or satisfaction of obligations,such as receipts,claims, ec ' m sts or
encumbrances arising out of the Contract.
§7.6.3 Acceptance of final payment by the Contractor,a Subcontractor or material suppliershall constitute a giver
of claims by that payee except those previously made in writing and identified by that payee as,unsettled t the time
of final Application for Payment.
ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY
§8.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions .,
including all those required by law in connection with performance of the Contract.The Contr. r shall romptly
remedy damage and loss to property caused in whole or in part by the Contractor,or by anyo,e fo ose acts e
Contractor may be liable.
ARTICLE 9 CORRECTION OF WORK
§9.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements .
of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work. —
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§9.2 In addition to the Contractor's other obligations including warranties under the Contract,the Contractor shall,
for a period of one year after Substantial Completion,correct work not conforming to the requirements of the
Contract Documents.
§9.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it and
the Contractor shall reimburse the Owner for the cost of correction.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§10.1 ASSIGNMENT OF CONTRACT
Neither party to the Contract shall assign the Contract as a whole without written consent of the other.
•§10.2 TESTS AND INSPECTIONS
§10.2.1 Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws,
ordinances,rules,regulations or orders of public authorities having jurisdiction shall be mag el�at an appropriate time.
§10.2.2 If the Architect requires additional testing,the Contractor shall perform these tests.
(
§10.2.3 The Owner shall pay for tests except for testing Work found to be defective for which a Contractor shall
pay.
§10.3 GOVERNING LAW
The Contract shall be governed by the law of the place where the project is located.
•
ARTICLE 11 TERMINATION OF THE CONTRACT
§11.1 TERMINATION BY THE CONTRACTOR
If the Owner fails to make payment when due or substantially breaches any other obligation of this Contract,
following seven days'written notice to the Owner,the Contractor may terminate the Contract and recov m
Owner payment for Work executed and for proven loss with respect to materials,equipment,too nstruc n •
equipment and machinery,including reasonable overhead,profit and damages.
§11.2 TERMINATION BY THE OWNER
§11.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or prope
materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws,ordinances,or rules,regulations or orders of a p is authori aving
jurisdiction;or
.4 is otherwise guilty of substantial breach of a provision of the Contract Documents. '
§11.2.2 When any of the above reasons exist,the Owner,after consultation with the Architect,may without
prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if
any,seven days'written notice,terminate employment of the Contractor and may:
.1 take possession of the site and of all materials thereon owned by the Contractor;
.2 finish the Work by whatever reasonable method the Owner may deem expedient-
§11.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 11.2.1,theS..ontraeto 1
not be entitled to receive further payment until the Work is finished. /
§11.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,such exc ss shall be paid to
the Contractor. If such costs exceed the unpaid balance,the Contractor shall pay the difference to the Owner.This
obligation for payment shall survive termination of the Contract. •
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BID TABULATION FOR: a
BID #B04-08
SAWMILL WALL REHABILITATION RECONSTRUCTION
4/06/04 2:00 p.m.
Tony's Southern Bldg Apec Inc. CEM Barracuda Parthenon Price Construction
Construction Services Enterprises Bldg Corp Construction
TOTAL BID $196,327.00 $147,900.00 $105,000.00
Bid Security Bid Bond Bid Bond Bid Bond
Copy of Insurance
Certificate yes yes yes
1 Original &
(2)Copies yes yes yes, no electronic
(1) Electronic Copy copy
References/Subs yes yes yes
Equipment Listing yes yes yes
Summary of Litigation -�
yes yes yes
Addendum No. 1 no yes yes