RFQu24-0024_Exhibit_3_Project_Documents.pdf

Rapid Response Construction Services RFQu24-0024

ATTENTION BIDDERS 7/5/05

ATTENTION BIDDERS

ALL BIDDERS SHALL SUBMIT A LETTER OF

INTENT (SEE ARTICLE 3 OF THE SUPPLEMENTARY

CONDITIONS SECTION 00800 FOR LETTER OF

INTENT FORM) AT THE TIME OF BID OPENING

WHICH LISTS ANY AND ALL MBE/WBE

SUBCONTRACTORS WHICH THE BIDDER INTENDS

TO USE ON THIS PROJECT. IN THE EVENT A

BIDDER DOES NOT MEET EITHER OR BOTH THE

MBE OR WBE PERCENTAGE GOALS REQUIRED,

THE BIDDER SHALL SUBMIT AT BID OPENING, IN

ADDITION TO THE LETTER OF INTENT, EVIDENCE

OF A GOOD FAITH EFFORT TO ACHIEVE THE

GOALS, AS REQUIRED BY THE "CITY OF ORLANDO

CONSTRUCTION CONTRACT BID SPECIFICATIONS

MINORITY AND WOMEN-OWNED BUSINESS

ENTERPRISE PARTICIPATION"INTHE SUPPLE-

MENTARY CONDITIONS.

PERMIT FEES 5/15/06 PFEES-1

MISCELLANEOUS FEES, TAXES AND PERMITS OF THE CITY OF ORLANDO

The following are the fees and permits the Contractor will be required to pay. In general, the CITY will pay for all permit fees. The CONTRACTOR shall pay all occupational license taxes, Contractor registration fees, dishonored returned check fees, copy service fees, and any reinspection fees.

OCCUPATIONAL LICENSE TAXES, CONTRACTOR REGISTRATION FEES,

DISHONORED RETURNED CHECK FEES, COPY SERVICE CHARGES

1. Occupational License Taxes - These taxes are required of all businesses, occupations or professions that have a permanent location or branch office within the jurisdictional boundaries of the City of Orlando. The maximum tax imposed as prescribed in Sections

36.35 and 36.36 of the City Code for General Contractors, Building Contractors, Residential Contractors, Limited Specialty Contractors or Subcontractors regulated by the Florida Department of Business and Professional Regulation, and Limited Specialty Contractors or Subcontractors not regulated by the State of Florida, is as follows:

Scalable Fee:

Square Footage less than 2000 ....................................................... $ 52.50 Square Footage from 2000-5000 ..................................................... 105.00

Square Footage above 5000 ............................................................ 262.50

Plus Number of Workers:

When operated solely by owner ..................................................... $ 52.50 Not more than 3 workers ................................................................... 78.75 4 and not over 5 workers ................................................................. 126.00 6 and not over 15 workers ............................................................... 157.00 16 and not over 25 workers ............................................................. 199.50 26 and not over 50 workers ............................................................. 236.25 51 and not over 100 workers ........................................................... 288.75 101 and not over 150 workers ......................................................... 330.75 For each 50 or part there over 150 .................................................... 68.25

There is an additional administrative fee of $10.00.

2. Contractor Registration Fees - These fees are required of all Limited Specialty Contractors

(Defined - Section 14.19, City Code) that do not have a Permanent Location or Branch Office within the jurisdictional boundaries of the City of Orlando, but want to pull building permits to perform construction work within the City of Orlando. The fee prescribed by Section 14.25 of the City Code is $25.00.

PERMIT FEES 5/15/06 PFEES-2

3. Dishonored/Returned Check Fees - These fees are imposed on all entities that issue the City a check as tender for services rendered and such check is returned from the City's bank back to the City for collection. The service charge fee imposed as prescribed by Section 832.07, Florida Statutes, is $25 if the check does not exceed $50; $30.00 if the check exceeds $50, but is less than $300; $40 for checks greater than $300 or an amount of up to 5% percent of the face amount of the check, whichever is greater.

Additionally, pursuant to Section 68.065, Florida Statutes, charges may be applied for damages of triple the amount of the check, but in no case less than $50.00, together with the amount of the check, plus any service charges, court costs, reasonable attorneys’ fees, and any bank fees incurred by the payee in taking collection actions under this section.

4. Copy Service Charges - Fees imposed for making copies of documents at the request of the customer. The current fee is set at $.15 cents per page.

BUILDING CODE ENFORCEMENT FEES

Mechanical Fees

1. The City shall pay for all permit and inspection fees for the project with the exception of reinspections.

2. For all other inspections or reinspections of mechanical work required or provided for by Chapter 47A, the fee shall be.$50.00.

Plumbing and Gas Permits

1. The City shall pay for all permit and inspection fees for the project with the exception of reinspections.

2. For all other inspections or reinspections of gas or plumbing installations required or provided for by Chapters 29 and 47, the fee shall be $50.00.

Electrical Fees

1. The City shall pay for all permit and inspection fees for the project with the exception of reinspections.

2. For all other (OUC visual inspections or reinspections), the fee shall be $50.00.

PERMIT FEES 5/15/06 PFEES-3

Building Permit Fees

1. The City shall pay for all permit and inspection fees for the project with the exception of reinspections.

2. Reinspection fees for residential and commercial construction permits where work has been rejected shall be $50.00.

ORLANDO FIRE DEPARTMENT PERMIT FEE SCHEDULE

TYPE OF PERMIT PRICING INFORMATION

The City shall pay for all permit and inspection fees for the project with the exception of reinspections.

Reinspections Fee $50.00

Off-Duty Assignment Rates:

District Chief $41.00 per hour Lieutenant 38.00 per hour Engineer 36.00 per hour Firefighter 34.00 per hour

Truck Rental:

Engine or Tower $350.00 flat rate; $600 for 5 or more hours Wood, Rescue or Command Vehicle $200.00 flat rate; $400 for 5 or more hours

Off-Duty Fire Inspector: $37.50/hour Minimum of 4 hours - $150.00

Note: A 15% administrative fee is added to the total cost.

TABLE OF CONTENTS (G) 8/12/13 TOC-1

TABLE OF CONTENTS

DIVISION O - BIDDING AND CONTRACT REQUIREMENTS

00030-1 Request for Qualification Statements 00310-1 Affidavit of Non-collusion and of Non-interest of City Employees 00320-1 Affidavit of Present and Future Compliance with City of Orlando Minority Business Enterprise and Women Business Enterprise Ordinance 00330-1 Affidavit of Present and Future Compliance with City of Orlando Responsible Contractor’s Policies 00340-1 Certification of Contractor’s Bona Fide Health Benefits Program 00500-1 Agreement 00610-1 Performance Bond 00620-1 Payment Bond 00652-1 Certificate of Insurance with Endorsement/Workers' Compensation Insurance 00653-1 Certificate of Insurance with Endorsement/Comprehensive General Liability Insurance 00700-1 General Conditions 00800-1 Supplementary Conditions 00900-1 Forms List 00905-1 Notice of Intended Action: Award of Bid 00910-1 Notice of Award 00920-1 Notice to Proceed 00930-1 Change Order Form 00940-1 Application for Payment 00945-1 Certified Payroll Summary Report 00950-1 Request for Information 00955-1 M/WBE Utilization Report (Sample) 00960-1 Stored Materials Form 00965-1 Schedule of Values 00970-1 Erosion and Sediment Control Inspection Form 00975-1 Shop Drawing Submittal 00980-1 Certificate of Substantial Completion 00990-1 Certificate of Final Inspection 00995-1 Contractor's Release

TABLE OF CONTENTS (G) 8/12/13 TOC-2

DIVISION 1 - GENERAL REQUIREMENTS

01000-1 Index of Drawings 01010-1 Summary of Work 01014-1 Construction Sequence 01021-1 Soils Reports and Other Information 01045-1 Cutting and Patching 01050-1 Surveying and Field Engineering 01070-1 Abbreviations and Symbols 01100-1 Pollution and Noise Controls 01150-1 Measurement and Payment 01200-1 Project Meetings 01310-1 Project Scheduling--Major Projects 01370-1 Schedule of Values 01380-1 Color Audio/Video Documentation of Construction Area 01400-1 Temporary Facilities 01410-1 Testing and Testing Laboratory Services 01420-1 Drawings and Submittals 01568-1 Temporary Erosion and Sedimentation Control 01570-1 Maintenance of Traffic 01580-1 Project Identification Sign 01590-1 Engineer’s Field Office 01600-1 Materials and Equipment 01650-1 Start-up/Check-out 01710-1 Project Housekeeping/Cleaning 01730-1 Operating and Maintenance Data 01740-1 Warranties and Bonds

SPECIAL PROVISIONS

SPROV-1 Special Provisions

AFFIDAVIT OF NON-COLLUSION 7/5/05 00310-1

AFFIDAVIT OF NON-COLLUSION

AND OF NON-INTEREST OF CITY EMPLOYEES

DESCRIPTION OF CONTRACT: RFQu24-0024, Rapid Response Construction Services.

STATE OF _________________________}

COUNTY OF _______________________}

_____________________________________________________,* being first duly sworn, deposes and says that he

(it) is the bidder in the above bid, that the only person or persons interested in said bid are named therein; that no officer, employee or agent of the City of Orlando or of any other bidder is interested in said bid; and that affiant makes the above bid with no past or present collusion with any other person, firm or corporation.

_________________________________ Affiant

STATE OF _____________________}

COUNTY OF ___________________}

The foregoing instrument was acknowledged before me this ________day of _____________, 20____ by __________________________________________________, who is personally known to me or who has produced _____________________________________________________as identification and who did take an oath.

NOTARY PUBLIC

My Commission Expires:

*NOTICE: State name of Bidder followed by name of authorized individual (and title) who is signing as Affiant. If Bidder is an individual, state name of Bidder only.

AFFIDAVIT OF PRESENT AND FUTURE COMPLIANCE 7/5/05 00320-1

WITH CITY OF ORLANDO MINORITY BUSINESS

ENTERPRISE AND WOMEN BUSINESS ENTERPRISE ORDINANCE

AFFIDAVIT OF PRESENT AND FUTURE COMPLIANCE WITH

CITY OF ORLANDO MINORITY BUSINESS ENTERPRISE AND

WOMEN BUSINESS ENTERPRISE ORDINANCE

STATE OF ________________________}

COUNTY OF ______________________}

PERSONALLY appeared before the undersigned authority duly authorized to take acknowledgements, _____________________________________,* who after being sworn says that he/it is presently in a compliance with all minority and female requirements for the contract for which he/it is submitting a bid. This compliance includes the bid specifications dealing with minority and women-owned business enterprise participation, and all requirements, terms and conditions of Chapter 57, Articles II and III, of the Code of the City of Orlando. In addition to the above, by execution of this affidavit, he/it agrees to continue to comply with all minority and female requirements for this contract.

Affiant

The foregoing instrument was acknowledged before me this________day of____________________, 20____ by__________________________________________________, who is personally known to me or who has produced _____________________________________________________ as identification and who did take an oath.

*NOTICE: State name of Bidder followed by name of authorized individual (and title) who is signing as affiant. If Bidder is an individual, state name of Bidder only.

AFFIDAVIT OF PRESENT AND FUTURE 7/5/05 00330-1

COMPLIANCE WITH CITY OF ORLANDO

RESPONSIBLE CONTRACTOR’S POLICIES

AFFIDAVIT OF PRESENT AND FUTURE COMPLIANCE WITH

CITY OF ORLANDO RESPONSIBLE CONTRACTOR’S POLICIES

PERSONALLY appeared before the undersigned authority duly authorized to take acknowledgements, _____________________ by its _________________________,* who after being sworn says that he/it is presently in a compliance with all benefits and wage related requirements for the contract for which he/it is submitting a bid. This compliance includes the bid specifications dealing with health benefits and hourly wages. In addition to the above, by execution of this affidavit, he/it agrees to continue to comply with all wage and benefit requirements until the completion of this Project.

Affiant

The foregoing instrument was acknowledged before me this____day of_______________, 20____by____________________________, who is personally known to me or who has produced his/her _____________________________________________ as identification and who did take an oath.

*NOTICE: State name of Bidder followed by name of authorized individual (and title) who is signing as affiant. If Bidder is an individual, state name of Bidder only.

CERTIFICATION OF CONTRACTOR’S 10/4/07 00340-1

BONA FIDE HEALTH BENEFITS PROGRAM

CERTIFICATION OF CONTRACTOR’S

Name of Project: RFQu24-0024, Rapid Response Construction Services.

Type of Insurance: HEALTH CARE INSURANCE

Insurance Provider: _________________________________ Policy Number: __________

As an authorized representative of Contractor, I certify that we currently maintain health insurance benefits for our workers under the aforementioned policy.

Minimum Benefits

Annual Deductible: $_________________

Medical: _____% Co-insurance or

$_____ Primary Care Physician Office Visit Co-payment $_____ Specialist Office Visit Co-payment $_____ Emergency Room Co-payment $_____ In-Patient Facility Co-payment $_____ Out-Patient Facility Co-payment

Mental Health/Substance Abuse: _____% Co-insurance or

$____ Per Office Visit Co-payment $____ Per Day In-patient Facility Co-payment

Prescriptions: _____ % Co-insurance or

$_____ Generic Co-payment $_____ Preferred Co-payment $_____ Non-preferred Co-payment

CERTIFICATION OF CONTRACTOR’S 10/4/07 00340-2

I certify, under penalty of perjury, that Contractor currently provides the aforementioned health insurance benefits.

Title of Authorized Representative Signature

Date Print Name

The foregoing instrument was acknowledged before me this____day of ______________, 20____by____________________________, who is personally known to me or who has produced his/her _____________________________________________ as identification, and has taken an oath.

AGREEMENT 2/04/21 00500-1

AGREEMENT

THIS AGREEMENT is dated as of the day of in the year 20 by and between the City of Orlando, Florida (“CITY”) and ___________________________________ (“CONTRACTOR”).

CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

The Term of this agreement is for an initial three-year (3) term from _________________ to _________________, with two (2) one (1) year renewals for a total of five (5) years.

ARTICLE 1. WORK (INFRASTRUCTURE)

1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows: Rapid Response Repair for City-Wide Underground Utilities, Roads and Drainage Wells.

More particularly, the Work consists of providing emergency or rapid response repairs to City-Wide underground utilities and drainage wells and includes three basic areas of work:

A. Above or ground repair; external repair of above ground surface such as excavation and replacement of soil with compaction, roadway, striping, sodding, and miscellaneous reconstruction.

B. Underground Utilities: General storm sewer, sanitary sewer, pumping station and pressurized

Pipe repairs or replacement including all associated work to complete the job.

C. General Construction: General construction services such as lift stations, roads, gravity sewer, pressurized pipe, wastewater treatment plant emergency repairs, sodding & seeding, clearing & grubbing, concrete work, small parks and equipment, above ground structures, demolition work, riprap, excavation and embankment, road restoration, parking lots, irrigation, structure rehabilitation and any other City’s related construction project.

1.2 The CITY does not guarantee, warrant, or represent that any number or any particular type of project will be assigned to the CONTRACTOR under the terms of this Agreement. Furthermore, the purpose of this Agreement is not to authorize a specific project, but to set forth certain duties, obligations, rights, and responsibilities that may be incorporated by reference into any project that may be mutually agreed to by the parties.

The CITY shall have the sole discretion to select the project(s), if any, that may be given to the CONTRACTOR, and such project(s) will be awarded to the CONTRACTOR by the CITY as a Change Order to this Agreement.

ARTICLE 2. ENGINEER

2.1 DESIGN ENGINEER as named in the Contract Documents is ________________________.

2.2 ENGINEER is the Director of Public Works.

If the CITY is using an agent to review the Application for Payment to assist the ENGINEER, the agent is identified as

(Name)

(Address)

AGREEMENT 2/04/21 00500-2

ARTICLE 3. CONTRACT TIME/TERMS

3.1 The provisions regarding Contract Time and Liquidated Damages will be set forward individually to any set project. also set forth in the Supplementary Conditions. The term of this contract is for an initial two years (24-months term) with the option to renew for three consecutive years (36-months) for a total of five years (60-months term).

ARTICLE 4. CONTRACT PRICE

4.1 CITY shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents on the basis of the prices indicated on the Bid Form.

ARTICLE 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

5.1 Progress Payments. CITY shall make progress payments on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, in accordance with Article 14 of the General Conditions.

5.1.1 Prior to completion of fifty percent (50%) of the Work (which shall be defined for purposes of this Article as the point when the CITY has paid the CONTRACTOR fifty percent (50%) of the Contract Price including approved Change Orders), progress payments will be in an amount equal to ninety-five percent (95%) of the Work completed, and the CITY will pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work but delivered and suitably stored on site, less in each case the aggregate of payments previously made. In no event shall payments for materials and equipment stored exceed ninety-five percent (95%) of the value of the related cost for the specific item of work shown in the breakdown of Contract Price regardless of the stated value of the materials or equipment. CITY may, at its sole option, pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work stored offsite if stored in a manner acceptable to CITY, as stated above for on-site stored materials. When payment to CONTRACTOR is made for stored materials and equipment, CONTRACTOR shall submit invoices marked paid by the supplier with the next month's request for payment to document that CONTRACTOR has paid for said materials and equipment or the previously paid amount for stored materials shall be deducted from any remaining payment(s) or retainage for any stored materials not so properly documented. The CONTRACTOR shall provide the consent of the Surety with each pay application.

5.1.2 Upon completion of fifty percent (50%) of the Work, progress payments will be in the amount equal to ninety-five percent (95%) of the Work completed, and the CITY will pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work but delivered and suitably stored on site, less in each case the aggregate of payments previously made. In no event shall payments for materials and equipment stored exceed ninety– five percent (95%) of the value of the related cost for the specific item of work shown in the breakdown of Contract Price regardless of the stated value of the materials or equipment. CITY may, at its sole option, pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work stored offsite if stored in a manner acceptable to CITY, as stated above for on-site stored materials. When payment to CONTRACTOR is made for stored materials and equipment, CONTRACTOR shall submit invoices marked paid by the supplier with the next month's request for payment to document that CONTRACTOR has paid for said materials and equipment or the previously paid amount for stored materials shall be deducted from any remaining payment(s) or retainage for any stored materials not so properly documented. The CONTRACTOR shall provide the consent of the Surety with each pay application

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.9.1 of the General Conditions, CITY shall pay the remainder of the Contract Price as provided in said paragraph 14.9.1

5.3. Living Wage. CONTRACTOR, as well as its Subcontractors at all tiers, shall pay to all of their employees providing services pursuant to a contract with the CITY, a living wage for the time spent providing services to the CITY. (This provision does not include general administrative personnel unless they are assigned to a CITY project.) “Living wage” means compensation for employment of not less than $15.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision and the CONTRACTOR shall allow the CITY to audit (at CONTRACTOR’s place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from

AGREEMENT 2/04/21 00500-3

future CITY contracts at the sole option of the CITY.

5.4. Responsible Contractor’s Policies.

5.4.1. The CONTRACTOR, when paying its workers on this Project, shall pay such workers an hourly wage, based on classification for the Orlando region established by the Davis-Bacon Act (40 U.S.C. 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5) (hereinafter “hourly wage”). Additionally, CONTRACTOR shall provide said workers with health benefits. CONTRACTOR may satisfy this health benefits requirement by providing to its workers on this project either 1) health benefits through a bona fide program or 2) by increasing the hourly wage by 20%. Evidence of the existence of a bona fide health benefits program must be submitted to the City with the bid at the time of bid opening. The City, in its sole discretion, will determine whether a bona fide health benefits program is acceptable to the City. Payment of the appropriate wages must be documented in CONTRACTOR’S progress payment applications by the submission of certified payrolls by CONTRACTOR for the duration of this Agreement. Moreover, CONTRACTOR shall require compliance with these provisions for health benefits, Davis-Bacon hourly wages and certified payrolls by all Subcontractors at every tier, and CONTRACTOR will be held responsible for compliance by any Subcontractor or lower tier Subcontractor.

Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that no hourly wage paid on this project by the CONTRACTOR and Subcontractors will be less than the living wage referenced in this Agreement.

5.4.2. The CONTRACTOR and Subcontractors at all tiers shall each classify all of their workers as either independent contractors or employees in accordance with the requirements of Laws and Regulations. Workers who are employees as defined by Laws and Regulations shall not be classified as independent contractors. The CONTRACTOR and Subcontractors shall each provide written notice to their workers classified as independent contractors of their classification status within seven (7) days after contract award or within seven (7) days of hiring if hired subsequent to contract award. Documentation demonstrating compliance with this requirement for each worker classified as an independent contractor shall be submitted by the CONTRACTOR with its first Application for Payment. For those workers classified as independent contractors hired after submittal of the first Application for Payment, documentation demonstrating compliance with this requirement shall be provided with the first Application for Payment submitted subsequent to the worker’s hiring.

5.4.3 The CONTRACTOR and Subcontractors at all tiers shall each use the E-verify internet-based system operated by the United States Department of Homeland Security to verify that all of their workers performing labor on the Project are eligible to work in the United States. Documentation of E-verify confirmation for each worker shall be submitted by the CONTRACTOR with the first Application for Payment, or for those workers hired after submittal of the first Application for Payment, with the first Application for Payment submitted subsequent to the worker’s hiring.

5.4.4 The CONTRACTOR shall post a copy of the CITY’S Living Wage and Responsible Contractor policies at designated locations on the Project site as required by the Contract Documents.

ARTICLE 6. [RESERVED]

ARTICLE 7. CONTRACTOR'S REPRESENTATIONS

In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, weather, and with all local conditions and federal, state and local laws, ordinances, rules, policies and regulations that in any manner may affect cost, progress or performance of the Work.

7.2 CONTRACTOR has carefully studied all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Contract Documents.

7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes.

AGREEMENT 2/04/21 00500-4

7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to

CONTRACTOR.

ARTICLE 8. CONTRACT DOCUMENTS

The Contract Documents that comprise the entire agreement between CITY and CONTRACTOR and are made a part hereof consist of, but are not limited to the following:

8.1 This Agreement.

8.2 Certificates of Insurance (including endorsements) and Certification of CONTRACTOR’s Bona Fide Health Benefits Program.

8.3 Payment Bond and Performance Bond (or Public Construction Bond as required by the Contract Documents).

8.4 Notice of Award.

8.5 General Conditions.

8.6 Supplementary Conditions

8.7 Federal Contract provisions (if applicable)

8.8 Specifications RFQu24-0024 Rapid Response Construction Services consisting of the divisions as listed in table of contents hereof.

8.9 Drawings, as listed in the Index of Drawings.

8.10 Addenda numbers __________ to ______________, inclusive.

8.11 CONTRACTOR’s Bid (including documentation accompanying the bid an documentation prior to Notice of Award).

8.12 Any Modification, including Change Orders and Field Orders, duly delivered after execution of Agreement.

8.13 Invitation for Bid, Instruction to Bidders, Bid Bond and Affidavit of Non-collusion, Proposal, Notice to Proceed, MBE/WBE Affidavit and Responsible CONTRACTOR’s Policy Affidavit.

8.14 Forms listed on page 00900-1.

8.15 Special Provisions.

8.16 General Requirements.

The Contract Documents may only be altered, amended, or repealed by a Modification as defined in the General Conditions.

ARTICLE 9. MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions.

AGREEMENT 2/04/21 00500-5

9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and any such assignment shall be void and of no effect; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 CITY and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.4 Any action taken by the Public Works Director may also be taken by the Chief Procurement Officer of the City of Orlando.

AGREEMENT 2/04/21 00500-6

IN WITNESS WHEREOF, the parties hereto have signed ___________ copies of this Agreement. At least one counterpart each has been delivered to CITY and CONTRACTOR. All portions of the Contract Document have been signed or identified by CITY and CONTRACTOR.

CITY OF ORLANDO, FLORIDA CONTRACTOR

By:___________________________________ ____________________________________ David Billingsley, CPSM, C.P.M.

Chief Procurement Officer, City of Orlando

By__________________________________

(CORPORATE SEAL) Name_______________________________ (Type)

Title________________________________

(CORPORATE SEAL)

Attest:_______________________________

Address for giving notices: Title________________________________

400 South Orange Avenue Address for giving notices:

Orlando, Florida 32801

APPROVED AS TO FORM AND LEGALITY Florida State Contractor's for the use and reliance of the City of Orlando, Florida only License No.__________________________

__________________________, 20______

Assistant City Attorney Agent for service of process:

Orlando, Florida Name

MBE Compliance Officer Street Address

City, State and Zip

AGREEMENT 2/04/21 00500-1

AGREEMENT

THIS AGREEMENT is dated as of the day of in the year 20 by and between the City of Orlando, Florida (“CITY”) and ___________________________________ (“CONTRACTOR”).

CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as

The Term of this agreement is for an initial three-year (3) term from _________________ to _________________, with four (2) one (1) year renewals for a total of five (5) years.

ARTICLE 1. WORK (General Grouting & Repair or

Replacement of Drainage Wells)

1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows: Rapid Response Repair for City-Wide Underground Utilities, Roads and Drainage Wells.

More particularly, the Work consists of providing emergency or rapid response repairs to City-Wide underground utilities and drainage wells and includes six basic areas of work:

A. Internal Grouting and Repair; Internal grouting and repair of gravity sewers and structures of various types and sizes throughout the City, including road repair if necessary.

B. External Soil Stabilization Grouting: External pressure or chemical grouting to seal leaking joints in pipes or structures, stabilizing loose soil and filling soil voids caused by leaking joints, and occasionally restoring slightly depressed asphalt pavement without removing and replacing. These types of injection grouting may be required thought the City and may include road repair if necessary.

C. Drainage Wells TV Video Inspection, Repairs and Replacement: Drainage well repair work will vary from well to well. In general, the Contractor should assume a generic condition of re-lining different diameter wells using different diameter steel casing to a depth of 200' or as specified and grouted. The Contractor shall provide high-resolution pre-repair and post-repair color video recordings of work and high-quality color pictures. Video and picture documentation must be submitted to the City for approval.

For well work, TV video logging of drainage shall be performed using the latest technology to produce a clear color picture with the highest resolution. The Contractor shall be responsible for preparing the well to produce a clear video recording. The well may require flushing with clean water. The Contractor may be required to produce a geophysical log of drainage wells consisting of a caliper log, gamma ray log and electric log and may be required to produce Standard Penetration Test (SPT's) borings with soil profile reports.

D. Installation of New Well or Repair of Existing Well with Pipe and Necessary Structures;

New replacement drainage wells will vary from well to well. Contractor should assume a generic condition of installing different diameter steel cased well to a depth of two-hundred feet (200') or more as specified in the Contract and will include grouting. The well is to continue from two-hundred feet (200') to a depth of four-hundred feet (400') as open hole in the formation. The steel casing is to be over-cased with a bigger diameter steel casing to a depth past the piezometric water level (generally sixty-feet [60'] below ground surface) and grouted between the two casings. The outer casing may be driven using a cable rig machine. However, the inner casing is to be drilled using a rotary rig machine. The well is to be finished off with the construction of a well box and intake structure with a flashboard riser.

AGREEMENT 2/04/21 00500-2

Color videotape of the completed well is required utilizing the approved recording equipment. A geophysical log is required of the completed well consisting of a caliper log, gamma ray log and electric log supported by soil profile reports from the driller's log.

1.2 The CITY does not guarantee, warrant, or represent that any number or any particular type of project will be assigned to the CONTRACTOR under the terms of this Agreement. Furthermore, the purpose of this Agreement is not to authorize a specific project, but to set forth certain duties, obligations, rights, and responsibilities that may be incorporated by reference into any project that may be mutually agreed to by the parties.

The CITY shall have the sole discretion to select the project(s), if any, that may be given to the CONTRACTOR, and such project(s) will be awarded to the CONTRACTOR by the CITY as a Change Order to this Agreement.

ARTICLE 2. ENGINEER

2.1 DESIGN ENGINEER as named in the Contract Documents is ________________________.

2.2 ENGINEER is the Director of Public Works.

If the CITY is using an agent to review the Application for Payment to assist the ENGINEER, the agent is identified as follows:

(Name)

(Address)

ARTICLE 3. CONTRACT TIME

ARTICLE 3. CONTRACT TIME/TERMS

3.1 The provisions regarding Contract Time and Liquidated Damages will be set forward individually to any set project. also set forth in the Supplementary Conditions. The term of this contract is for an initial two years (24-months term) with the option to renew for three consecutive years (36-months) for a total of five years (60-months term).

ARTICLE 4. CONTRACT PRICE

4.1 CITY shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents on the basis of the prices indicated on the Bid Form.

ARTICLE 5. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

5.1 Progress Payments. CITY shall make progress payments on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, in accordance with Article 14 of the General Conditions.

5.1.1 Prior to completion of fifty percent (50%) of the Work (which shall be defined for purposes of this Article as the point when the CITY has paid the CONTRACTOR fifty percent (50%) of the Contract Price including approved Change Orders), progress payments will be in an amount equal to ninety-five percent (95%) of the Work completed, and the CITY will pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work but delivered and suitably stored on site, less in each case the aggregate of payments

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previously made. In no event shall payments for materials and equipment stored exceed ninety-five percent (95%) of the value of the related cost for the specific item of work shown in the breakdown of Contract Price regardless of the stated value of the materials or equipment. CITY may, at its sole option, pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work stored offsite if stored in a manner acceptable to CITY, as stated above for on-site stored materials. When payment to CONTRACTOR is made for stored materials and equipment, CONTRACTOR shall submit invoices marked paid by the supplier with the next month's request for payment to document that CONTRACTOR has paid for said materials and equipment or the previously paid amount for stored materials shall be deducted from any remaining payment(s) or retainage for any stored materials not so properly documented. The CONTRACTOR shall provide the consent of the Surety with each pay application.

5.1.2 Upon completion of fifty percent (50%) of the Work, progress payments will be in the amount equal to ninety-five percent (95%) of the Work completed, and the CITY will pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work but delivered and suitably stored on site, less in each case the aggregate of payments previously made. In no event shall payments for materials and equipment stored exceed ninety– five percent (95%) of the value of the related cost for the specific item of work shown in the breakdown of Contract Price regardless of the stated value of the materials or equipment. CITY may, at its sole option, pay an amount equal to ninety-five percent (95%) of materials and equipment not incorporated in the Work stored offsite if stored in a manner acceptable to CITY, as stated above for on-site stored materials. When payment to CONTRACTOR is made for stored materials and equipment, CONTRACTOR shall submit invoices marked paid by the supplier with the next month's request for payment to document that CONTRACTOR has paid for said materials and equipment or the previously paid amount for stored materials shall be deducted from any remaining payment(s) or retainage for any stored materials not so properly documented. The CONTRACTOR shall provide the consent of the Surety with each pay application

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.9.1 of the General Conditions, CITY shall pay the remainder of the Contract Price as provided in said paragraph 14.9.1

5.3. Living Wage. CONTRACTOR, as well as its Subcontractors at all tiers, shall pay to all of their employees providing services pursuant to a contract with the CITY, a living wage for the time spent providing services to the CITY. (This provision does not include general administrative personnel unless they are assigned to a CITY project.) “Living wage” means compensation for employment of not less than $15.00 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision and the CONTRACTOR shall allow the CITY to audit (at CONTRACTOR’s place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future CITY contracts at the sole option of the CITY.

5.4. Responsible Contractor’s Policies.

5.4.1. The CONTRACTOR, when paying its workers on this Project, shall pay such workers an hourly wage, based on classification for the Orlando region established by the Davis-Bacon Act (40 U.S.C. 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5) (hereinafter “hourly wage”). Additionally, CONTRACTOR shall provide said workers with health benefits. CONTRACTOR may satisfy this health benefits requirement by providing to its workers on this project either 1) health benefits through a bona fide program or 2) by increasing the hourly wage by 20%. Evidence of the existence of a bona fide health benefits program must be submitted to the City with the bid at the time of bid opening. The City, in its sole discretion, will determine whether a bona fide health benefits program is acceptable to the City. Payment of the appropriate wages must be documented in CONTRACTOR’S progress payment applications by the submission of certified payrolls by CONTRACTOR for the duration of this Agreement. Moreover, CONTRACTOR shall require compliance with these provisions for health benefits, Davis-Bacon hourly wages and certified payrolls by all Subcontractors at every tier, and CONTRACTOR will be held responsible for compliance by any Subcontractor or lower tier Subcontractor.

Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that no hourly wage paid on this project by the CONTRACTOR and Subcontractors will be less than the living wage referenced in this Agreement.

5.4.2. The CONTRACTOR and Subcontractors at all tiers shall each classify all of their workers as either independent contractors or employees in accordance with the requirements of Laws and Regulations. Workers who are employees as defined by Laws and Regulations shall not be classified as independent contractors. The CONTRACTOR and Subcontractors shall each provide written notice to their workers classified as independent

AGREEMENT 2/04/21 00500-4

contractors of their classification status within seven (7) days after contract award or within seven (7) days of hiring if hired subsequent to contract award. Documentation demonstrating compliance with this requirement for each worker classified as an independent contractor shall be submitted by the CONTRACTOR with its first Application for Payment. For those workers classified as independent contractors hired after submittal of the first Application for Payment, documentation demonstrating compliance with this requirement shall be provided with the first Application for Payment submitted subsequent to the worker’s hiring.

5.4.3 The CONTRACTOR and Subcontractors at all tiers shall each use the E-verify internet-based system operated by the United States Department of Homeland Security to verify that all of their workers performing labor on the Project are eligible to work in the United States. Documentation of E-verify confirmation for each worker shall be submitted by the CONTRACTOR with the first Application for Payment, or for those workers hired after submittal of the first Application for Payment, with the first Application for Payment submitted subsequent to the worker’s hiring.

5.4.4 The CONTRACTOR shall post a copy of the CITY’S Living Wage and Responsible Contractor policies at designated locations on the Project site as required by the Contract Documents.

ARTICLE 6. [RESERVED]

ARTICLE 7. CONTRACTOR'S REPRESENTATIONS

In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations:

7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, weather, and with all local conditions and federal, state and local laws, ordinances, rules, policies and regulations that in any manner may affect cost, progress or performance of the Work.

7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Contract Documents.

7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes.

7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents.

7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to

CONTRACTOR.

ARTICLE 8. CONTRACT DOCUMENTS

The Contract Documents that comprise the entire agreement between CITY and CONTRACTOR and are made a part hereof consist of, but are not limited to the following:

8.1 This Agreement.

8.2 Certificates of Insurance (including endorsements) and Certification of CONTRACTOR’s Bona Fide Health Benefits Program.

8.3 Payment Bond and Performance Bond (or Public Construction Bond as required by the

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Contract Documents).

8.4 Notice of Award.

8.5 General Conditions.

8.6 Supplementary Conditions

8.7 Federal Contract provisions (if applicable)

8.8 Specifications RFQu24-0024 Rapid Response Construction Services consisting of the divisions as listed in table of contents hereof.

8.9 Drawings, as listed in the Index of Drawings.

8.10 Addenda numbers __________ to ______________, inclusive.

8.11 CONTRACTOR’s Bid (including documentation accompanying the bid an documentation prior to Notice of Award).

8.12 Any Modification, including Change Orders and Field Orders, duly delivered after execution of Agreement.

8.13 Invitation for Bid, Instruction to Bidders, Bid Bond and Affidavit of Non-collusion, Proposal, Notice to Proceed, MBE/WBE Affidavit and Responsible CONTRACTOR’s Policy Affidavit.

8.14 Forms listed on page 00900-1.

8.15 Special Provisions.

8.16 General Requirements.

The Contract Documents may only be altered, amended or repealed by a Modification as defined in the General Conditions.

ARTICLE 9. MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions.

9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound and any such assignment shall be void and of no effect; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 CITY and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.4 Any action taken by the Public Works Director may also be taken by the Chief Procurement Officer of the City of Orlando.

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IN WITNESS WHEREOF, the parties hereto have signed ___________ copies of this Agreement. At least one counterpart each has been delivered to CITY and CONTRACTOR. All portions of the Contract Document have been signed or identified by CITY and CONTRACTOR.

CITY OF ORLANDO, FLORIDA CONTRACTOR

By:___________________________________ ____________________________________ David Billingsley, CPSM, C.P.M.

Chief Procurement Officer, City of Orlando

By__________________________________

(CORPORATE SEAL) Name_______________________________ (Type)

Title________________________________

(CORPORATE SEAL)

Attest:_______________________________

Address for giving notices: Title________________________________

400 South Orange Avenue Address for giving notices:

Orlando, Florida 32801

APPROVED AS TO FORM AND LEGALITY Florida State Contractor's for the use and reliance of the City of Orlando, Florida only License No.__________________________

__________________________, 20______

Assistant City Attorney Agent for service of process:

Orlando, Florida Name

MBE Compliance Officer Street Address

City, State and Zip

Performance Bond No.: ______________

PERFORMANCE BOND 10/01/12 00610-1

PERFORMANCE BOND

(100% of Contract Amount)

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor) (Principal Business Address of Contractor) (Telephone Number of Contractor) a ___________________________________________________________________________________________, (Corporation, Partnership or Individual) hereinafter called Principal, and____________________________________________________________________ (Name of Surety) (Principal Business Address of Surety) (Telephone Number of Surety) hereinafter called Surety, are held and firmly bound unto:

City of Orlando 400 South Orange Avenue Orlando, Florida 32801

(407) 246-2266…