01-Special_Terms__Conditions-_Mispah_Parking_Lot_Replacement.pdf

City of Leesburg, Florida Mispah Parking Lot Replacement-Rebid (250301)

SPECIAL TERMS & CONDITIONS

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ST-1. BACKGROUND AND DESCRIPTION

The proposed project consists of demolishing and replacing the existing parking lot at the Mispah-Simmons Apartment Complex in accordance with the specifications outlined within the Invitation for Bid (IFB) package. The parking lot is the original parking lot of the property that supports the 12-unit apartment complex. This project is funded by the Community Development Block Grant (CDBG).

ST-2. PROJECT LOCATION

The project area is located within confines of the Mispah-Simmons Apartment Complex at 2212 Mispah Avenue and 2213 Simmons Avenue, Leesburg, Florida 34748.

ST-3. SITE INSPECTION

Suppliers are responsible for having attended the MANDATORY site visit to inspect the site and familiarize themselves with the location and conditions. Suppliers should have made all necessary measurements to determine the quantities of materials required.

ST-4. DISCREPANCIES AND OMISSIONS

A Supplier who discovers discrepancies or omissions with the project bid documents shall immediately notify the City’s Procurement Representative. A Supplier that has doubt as to the true meaning of a project requirement may submit to the City’s Procurement Representative a written request/question for interpretation prior to the question deadline as stated in the bid.

Any interpretation of the project bid documents by the City will be done in writing within the Solicitation Platform by the City. The City will not consider any instructions, clarifications or interpretations of the bidding documents in any manner other than in writing through the Solicitation Platform.

ST-5. ELIGIBILITY

Responses will only be considered from firms that are REGULARLY ENGAGED in the business of performing the services requested in this solicitation, who have verifiable evidence of a consistent satisfactory record of performance, and currently possess or have the ability to obtain the required equipment to perform the services. Supplier must have a minimum of three

(3) years’ experience in performing the same or similar work.

Subcontractors – the bidder is specially advised that any person or other party to who it has proposed to award a subcontract under this contract:

a. Must be acceptable to the owner after verification by the Department of Economic Opportunities of the current eligibility status; and

b. Must submit a Certification by Proposed Subcontractor Regarding Equal Employment Opportunity, Form 950.2; Certification by Proposed Subcontractor Concerning Labor Standards and Prevailing Wage Requirements, Form 1421A; and Certification of Proposed Subcontractor Regarding Section 3 and Segregated Facilities.

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ST-6. LICENSES

N/A

ST-7. RESTRICTED DISCUSSIONS

From the date of issuance of this solicitation until final City action, Suppliers should NOT discuss the solicitation or any part thereof with any employee, agent, or any other representative of the City except as expressly authorized by the designated procurement representative. The only communications that shall be considered pertinent to this solicitation are appropriately signed written documents from the vendor to the designated procurement representative and any relevant written document promulgated by the designated procurement representative.

ST-8. MOBILIZATION COSTS

Mobilization costs cannot exceed 10% of the Total Based Bid Amount. Mobilization costs cannot exceed 10% of the Total on any Alternate Bid Items.

ST-9. BID OPENING

A public bid opening will be held virtually shortly after the bids are due. Meeting details will be provided within the City’s eProcurement platform, Bonfire.

ST-10. METHOD OF AWARD

The City will award to a single Contractor in the aggregate. Recommendation of Award will be to the responsible Contractor submitting the lowest, responsive bid and holding all necessary licenses and experience. Determination of the lowest bid will be made using the total of all bid items. The City intends to enter into a Construction Services Agreement.

The City of Leesburg reserves the right to reject any or all Responses or any part of any Response, to waive any informality in any Response, or to re-advertise for all or any part of the work contemplated.

ST-11. QUANTITIES

Measurements and quantities provided are estimates only, given for informational purposes.

The City reserves the right to alter the quantities of work to be performed at any time when necessary and the Contractor shall perform the work as altered, increased or decreased.

Payment for such altered increased or decreased quantity will result in an Equitable Adjustment for changed work. Equitable Adjustments can result in price increases for the Contractor for increased work, or price reductions for the City for reduced work. No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract and Bond.

ST-12. TERM OF CONTRACT

The performance period under this contract shall commence upon the date of the Notice to Proceed and shall remain in effect until such time as the Construction Services have been completed and accepted by the City.

ST-13. COMMENCEMENT OF WORK

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Work performed under the resulting agreement shall commence upon issuance of a Notice to Proceed and City purchase order. Notice to Proceed shall state the completion date of the ordered work.

ST-14. COMPLIANCE

The Contractor will comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and/or fines imposed on the City or the Contractor for failure to obtain required permits, inspection fees, or inspections shall be borne by the Contractor.

ST-15. BID BOND

Each bid shall be accompanied by a bid bond for 5% of the total bid amount. Such bond shall be made payable to the Owner. A scanned copy of the bid bond shall be included with the submission through the City’s eProcurement Portal, Bonfire, and the hard copy shall be mailed/delivered to the City, Attn: Purchasing, with the project name and number on the envelope.

ST-16. PAYMENT & PERFORMANCE BOND

The successful Contractor will be required to provide a Performance Bond and Payment bond as described here. Suppliers are required to acknowledge they are aware of this requirement and their company can obtain the required bonds should they be awarded a Contract. Suppliers submitting a bid response must include the cost of the bonds in their bid amount.

Guaranty of Faithful Performance and Payment Performance Bond and Payment Bonds (two separate bonds), written by a Surety firm satisfactory to the City of Leesburg which comply with Section 255.05(1), Florida Statutes, will be required of the successful Bidder to guarantee that he will deliver a complete project under his Contract in strict accordance with the Contract Documents and that he will pay promptly all persons supplying him with labor or materials for the work.

The Performance and Payment Bonds shall each be for an amount equal to 100% of the Total Contract Price as agreed to by both parties. The cost of this bond shall be included in the price bid in the Bid Response.

These bonds shall be substantially in the form provided herein and written by a qualified Surety firm and through a reputable and responsible surety bond agency licensed to do business in the State of Florida and Lake County and meet the following requirements:

The Surety must be rated as "A" or better as to strength by Best's Insurance Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, New York. Bonding Limit - Any One Risk: The

Bonding Limit of the Surety shall not exceed ten (10) percent of the policy holders' surplus (capital and surplus) as listed by the Best’s Insurance Guide. The completed Bond shall be

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Page ST-4 of 7 executed in four (4) counterparts and delivered to the City of Leesburg with the required Power-of-Attorney and executed contract.

Power of Attorney Attorneys-in-Fact, who sign Bid Bonds and Performance or Payment Bonds, must file with such bonds a certified copy of their power of attorney to sign such bonds.

ST-17. LIQUIDATED DAMAGES

Liquidated Damages for failure to complete on time are applicable to this project and will be included in the resulting Agreement.

a. The Contractor shall consider all contingent work which has to be done by other parties arising from any cause whatsoever, and shall not plead his need of knowledge of said contingent work as an excuse for delay in his work or for non-performance.

b. If the work is not completed in full by the deadline specified, then for each day thereafter on which the work has not been completed, Contractor shall pay to the Owner liquidated damages in the amount of One Hundred Twenty-Five Dollars ($125.00) per calendar day, which Owner is hereby authorized to deduct from the final draw before paying any remaining amount to Contractor. The parties agree that it would be impossible or extremely difficult to compute the actual damages suffered by the Owner due to late completion of the work, that it is therefore appropriate to provide for liquidated damages in this Contract, and that the amount of liquidated damages specified is reasonable and bears a substantial relationship to the probable amount of actual damages the Owner would suffer, and therefore does not constitute a penalty or forfeiture. Contractor acknowledges that this provision is material to the Owner and that the Owner would not have entered into this Contract but for this provision and that as a result of the Owner's reliance on this provision, the Contractor shall be stopped to deny or dispute the validity or enforceability of this liquidated damage clause.

c. Nothing shall be construed as limiting the right of the Owner to declare the Contract forfeited, or to take over the work, or to claim damages for the failure of the Contractor to abide by every one of the terms of the Contract Documents. The completion date shall be construed as being the date on which the work is fully accepted by the Owner.

ST-18. WARRANTY

Material and workmanship quality is expected to be commercial grade to meet respective codes and to ensure the work is satisfactory.

a. Type of Warranty Coverage Required – In addition to all other warranties that may be supplied by the vendor, the vendor shall warrant its product and/or service against faulty labor and/or defective material for a minimum period of thirty (30) calendar days after the date of acceptance of the labor, materials and/or equipment by the City.

If a manufacturer’s standard warranty exceeds the minimum period, the manufacturer’s standard warranty will prevail. Any payment by the City on behalf of the services received from the vendor does not constitute a waiver of these warranty provisions.

b. Correcting Defects Covered Under Warranty – If repairs covered under the standard warranty become defective and must be repaired or replaced by the vendor, the vendor hereby understands and agrees to complete the repair, at no cost to the

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City, within five (5) calendar days (Saturdays, Sundays, and Holidays excluded) after the request for such repairs is made by a City representative.

c. Type of Warranty Coverage Required for Repairs – In addition to the standard warranty, it is agreed and understood that all repairs shall be warranted for a minimum period of thirty (30) calendar days after the repairs have been completed and accepted by the City.

d. Correcting Repeat Failures Covered Under the Warranty – If any warranty repair or correction experiences a repeated failure within fifteen (15) calendar days following the repair due to faulty workmanship supplied by the vendor, the vendor hereby understands and agrees it will repair the failure and incur any and all costs associated with the repeated failure within fifteen (15) calendar days after notification of the failure by a City representative.

ST-19. PERMITS

a. The successful Contractor will apply for, obtain and pay for all building permits and inspection fees required for this project and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and/or fines imposed on the City or the Contractor for failure to obtain required permits, inspection fees, or inspections shall be borne by the Contractor.

b. Suppliers will NOT include any costs for permits and fees in their bid amount. Should there be an occasion(s) where a permit or fee be required, the Contractor will be reimbursed for the cost of the permits and fees at actual cost without markup.

ST-20. LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE

VENDOR

Unless otherwise stated in this solicitation the vendor shall furnish all labor, material, and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager.

ST-21. CLAIMS FOR EXTRA COST

If the Contractor claims that any instructions by drawings or otherwise involve extra cost under this contract, he shall give the Project Representative written notice thereof within ten (10) days after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, the procedure shall then be as provided for changes in the work. No such claim will be valid unless so made.

ST-22. CONTRACTORS ACCEPTANCE OF CONDITIONS

The Contractor hereby agrees that he has carefully examined the surface of the site and surrounding areas to fully satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore. The provisions of this contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the Contractor, who understands the same, and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this contract be more strongly construed against the City than against the Contractor and his Surety.

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Any ambiguity or uncertainty in the Drawings or specifications shall be interpreted and constructed by the Engineer of Record and his decision shall be final and binding upon all parties.

It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the City, the Engineer of Record, or by any agent or representative as in compliance with the terms of this contract and/or of the Drawings and Specifications covering said work, shall not operate as a waiver by the City of strict compliance with the terms of this Contract, and/or the Drawings and Specifications covering said work; and the City may require the Contractor and/or his surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one (1) year from and after the date of the passing, approval, and/or acceptance of such work or material, are found to be defective or to fail in any way to comply with this contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before the condition is discovered.

The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and/or his surety, immediately after notice to either, repair or replace any such defective materials and workmanship shall entitle the City, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his surety, who shall in any event be jointly and severally liable to the City for all damage. Loss and expenses caused to the City by Reason for the Contractor’s breach of this contract and/ or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications.

ST-23. RISK OF LOSS

a. The Contractor assumes the risk of loss of damage to the City's property during possession of such property by the Contractor, and until delivery to, and acceptance of, that property to the City. The Contractor shall immediately repair, replace or make good on the loss or damage without cost to the City, whether the loss or damage results from acts or omissions (negligent or not) of the vendor or a third party.

b. The Contractor will indemnify and hold the City harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of any subsequent contract. The Contractor shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon.

ST-24. ILLEGAL ALIEN LABOR

Contractor shall comply with all provisions of the Federal Immigration and Control Act of 1986 (8 U.S. Code § 1324 a) and any successor federal laws, as well as all provisions of Section 448.09, Florida Statutes, prohibiting the hiring and continued employment of aliens not authorized to work in the United States. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor is in compliance with the terms stated within. The General Contractor nor any subcontractor employed by him shall not knowingly employ or contract with an illegal alien to perform work under this contract.

Contractor agrees that it shall confirm the employment eligibility of all employees through

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Page ST-7 of 7 participation in E-Verify or an employment eligibility program approved by the Social Security Administration and will require same requirement to confirm employment eligibility of all subcontractors. All cost incurred to initiate and sustain the programs shall be included in contract price. Failure to meet this requirement may result in contract termination by the City.

ST-25. EMPLOYMENT ELIGIBILITY

The Contractor is obligated to comply with the provisions of Section 448.095, Fla. Stat., “Employment Eligibility.” This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Agreement, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than TWENTY (20) calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of ONE (1) year after the date of termination.

ST-26. FAIR LABOR STANDARDS ACT

No contractor or subcontractor holding a service contract with the City for any dollar amount shall pay any of its employees working on the contract less than the minimum wage specified in section 6(a)(1) of the Fair Labor Standards Act 29 U.S.C. 206. Failure to meet this requirement may result in contract termination by the City.

ST-27. CDBG SUPPLEMENTAL CONDITIONS

The information contained in the following section are Supplemental Conditions required of the CDBG Agreement between the City, Lake County and Florida Department of Economic Opportunity. This information is part of the Invitation to Bid Terms and Conditions and will become part of any resulting Construction Services Agreement between the City and the awarded Contractor.

[CDBG SUPPLEMENTAL CONDITIONS TO FOLLOW]