PROJECT MANUAL

CITY OF DEBARY

FIRE STATION # 33

75 South US Highway 17-92

Debary, FL 32713

FEBRUARY 22, 2016

BID DOCUMENTS

BID NO. # 02-16

Prepared By

C e r t i f i c a t e o f A u t h o r i z a t i o n N o. 0 0 0 0 3 2 1 5

500 West Fulton Street Sanford, Florida 32771

Phone: 407.322.6841 Fax: 407.330.0639

CPH Job No. D8521

FOR IMMEDIATE RELEASE LEGAL ADVERTISEMENT

Bill to: City of DeBary

16 Colomba Road DeBary, Florida 32713

Contact: Dan Parrott, City Manager

(386) 668-2040 Fax (386) 668-4122

ADVERTISEMENT FOR BID

RECEIPT OF PROPOSALS: Sealed proposals on forms (hard copy only) prepared by the City will be received by THE CITY OF DEBARY at CITY HALL located at 16 Colomba Road, DeBary, Florida 32713 on Wednesday, March 30th 2016 at 10:00 AM, (local time), for construction of the:

City of DeBary – Fire Station # 33

Bid No. 02-16

In accordance with the drawings, specifications, and other contract documents included in the Bid Package. The Engineer’s Estimated of Cost of the project is $1,750,000.

OBTAINING THE BID PACKAGE: Bid Packages will be available at www.debary.org and may be obtained by navigating from the home page and choosing; Departments; Finance/Purchasing;

Bids & RFPs and selecting; Fire Station.

City of DeBary, City Hall, 16 Colomba Road, DeBary, Florida, (386) 668-2040 between the hours of 8:30 AM-5:00 PM, Monday through Friday.

MANDATORY PRE-BID CONFERENCE will be held at City Hall, at 16 Colomba Road, DeBary, Florida,on Wednesday, March 16 2016 at 10:00 AM.

Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations to attend public bid openings or meetings should contact the City Clerk at (386) 668-2040 at least five (5) days prior to the date.

PROPOSAL GUARANTY: Each proposal shall be accompanied by an acceptable form of Proposal Guaranty in an amount equal to at least five (5) percent of the amount of the Proposal payable to THE CITY OF DEBARY, as a guaranty that if the Proposal is accepted, the Bidder will execute the Contract, provide certificates of insurance in the amounts and categories required by the City and if required, file separate Performance and Payment Bonds in amounts and with sureties acceptable to the City, within ten (10) days after the award of the Contract.

RIGHTS RESERVED: THE CITY OF DEBARY reserves the right to reject any or all proposals and to waive any formality or technicality in any proposal in the interest of THE CITY OF

DEBARY.

Dan Parrott - City Manager City of DeBary http://www.debary.org/

DeBary Fire Station # 33 City of DeBary

CPH, Inc. 00200-1 02.22.16

SECTION 00200

INSTRUCTIONS TO BIDDER

PART 1 GENERAL

1.01 Bidding Documents

A. Bidding Documents include the Invitation for Bids, Instructions to Bidders, Bid Form, other sample bidding and contract forms, and the proposed Contract Documents, including any Addenda issued prior to receipt of bids.

B. Bidding Documents may be obtained in compliance with the Invitation for Bids.

No partial sets of the Bidding Documents will be issued. Complete sets of Bidding Documents shall be used in preparing bids, and each bidder shall be solely responsible for ensuring that he/she/it obtains a complete set of Bidding Documents for his/her/its review. Neither the Owner nor the Engineer will assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

1.02 Bidder Questions

Any Bidder who is in doubt as to the true meaning of any part of the Bidding Documents, or finds a discrepancy or omission therein, may submit to the Engineer a written request for an interpretation or correction. The person submitting the request shall be responsible for its delivery to the Engineer at least seven (7) days prior to the bid opening date. Any interpretation, correction or change of the Bidding Documents shall be issued by the CITY via written Addendum. Interpretations, corrections or changes made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

1.03 Addenda

Addenda will be mailed or otherwise delivered to all parties who received a complete set of Bidding Documents from the Engineer. All Addenda issued during the time of bidding shall form a part of the Contract Documents, shall be covered in the Bid, and shall become a part of the Contract. Receipt of each Addendum shall be acknowledged in the Bid Form, and any failure to do so may subject the Bidder to disqualification. It shall be the Bidder's responsibility to ensure that he/she/it has received all Addenda prior to submittal of his/her/its bid. The Owner or Engineer shall not, in any event, be responsible for non-receipt or untimely receipt of Addenda.

1.04 Examination of Documents and Inspection of Site

Before submitting a Bid, Bidders shall carefully examine the Bid Documents and inspect the project site to fully inform themselves of all existing conditions and limitations. Each Bidder, by submitting his/her/its Bid, represents that he/she/it has fully examined the Bidding Documents and inspected the site(s) so that he/she/it understands the provisions of the Bidding Documents and has familiarized him/her/itself with the local

CPH, Inc. 00200-2 02.22.16 geographic, legal, and environmental conditions and regulations under which the work is to be performed. Bidders shall not be provided extra payment or contract time to accommodate discovered conditions that could have been foreseen had such examinations been conducted.

1.05 Bidder's Interest in More Than One Bid

No person, firm, or corporation shall be allowed to make, file, or have an interest in more than one Bid for the same work, unless the City specifically requests alternate bids.

However, a person, firm, or corporation who has submitted a sub-bid to a Bidder or who has quoted prices on materials to a Bidder shall not be disqualified from submitting a sub-bid or quoting prices to other Bidders.

1.06 Certificates and Licenses

Bidders must be properly licensed to perform the Contract Work. Proper licensing shall be as defined by Florida Statutes and any other applicable laws, regulations, and ordinances.

1.07 Public Entity Crimes - Denial or Revocation of Right to Transact Business With a

Public Entity

Per Florida Statutes (FS) 287.133(2)(a), 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 a 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 FS 287.017 for CATEGORY TWO ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list.

1.08 Rejection of Bidders Under Litigation

The Owner reserves the right to reject the Bid of any Bidder who is behind, as determined by the Owner or Engineer, on the completion schedule for any existing contracts, whether public or private; who has failed to properly progress work on any construction contract with any governmental or private agency within the past five (5) years; who is currently involved in litigation against the Owner; who has been involved in litigation with any governmental or private agency within the past five (5) years; who has been involved in any dispute resolution procedure with any governmental agency or private agency within the past five (5) years; who has previously defaulted on a contract with any governmental or private agency within the past five (5) years; or who has previously failed to satisfy all requirements related to the life, health, safety or welfare of workers and/or the public including, but not limited to, the maintenance of traffic provisions in the performance of existing or previous agreements with any governmental or private agency within the past five (5) years. Bidders rejected pursuant to this provision shall be deemed not responsible and therefore ineligible for consideration or ranking in the bid process.

CPH, Inc. 00200-3 02.22.16

1.09 Form of Bid

A. Each Bid shall be submitted on the Bid Form included as one of the Bidding Documents. The Bidder is not permitted to make changes in the Bid Form provided. The Bidder shall fill in spaces on the Bid Form by typewriter, printer, or manually in ink as long as entries are printed and legible. Undecipherable or otherwise illegible entries shall be disregarded and deemed not responsive.

When a Bidder submits a Bid and fills in information, which is then changed, amended or revised, each change, amendment, or revision must be initialed by the authorized person signing the Bid.

B. The Bidder must fill in all unit prices, total prices, and total amounts. Where so indicated by the makeup of the Bid Form, amounts shall be expressed in both words and figures, and in case of a discrepancy between the two, the amount in words shall govern.

C. No conditional Bids will be accepted. Alternate Bids will not be considered unless specifically requested by the City. Oral proposals or modifications will not be considered.

D. All submitted bid packages including alternate bid items become the property of the City and shall be subject to Florida’s public records laws as provided in Chapter 119, Florida Statutes.

1.10 Bid Security

A. Provide a bid security in the form of a certified check or bid bond. Bid security shall be payable without condition to the Owner, as a guaranty that the Bidder, if awarded the Contract, will promptly execute the Agreement in accordance with the Bidding Documents, and will furnish all bonds and insurance as required. If a Bid Bond is provided, such shall be provided using the form included in section 00420 and shall be provided by a surety company authorized to do business in the State of Florida. The amount of the Bid Security shall be as follows:

1. Construction Projects where the Maximum Bid Price is $60,000 or greater: Bid Security shall be in an amount equal to at least 5% of the Maximum Bid Price (Base Bid Plus Alternates).

2. Construction Projects where the Maximum Bid Price is less than $60,000:

Bid Security shall be in an amount equal to at least 10% of the Maximum Bid Price (Base Bid Plus Alternates).

B. If the bidder provides bid security in the form of a certified check as indicated above, then Paragraphs 1.16.B.5 and 1.17.A.3 will be strictly followed.

C. If the bidder provides bid security in the form of a bid bond using the Bid Bond Form contained in section 00420, the requirement for an audited financial statement as indicated in Paragraphs 1.16.B.5 and 1.17.A.3 may be waived at the discretion of the City

CPH, Inc. 00200-4 02.22.16

D. If for any reason the Bidder withdraws his Bid after Bid Opening or fails to execute an Agreement or to provide the specified bonds, insurance, and insurance certification, such Bidder shall be in default. The defaulting Bidder shall forfeit his/her bid bond to the City as liquidated damages.

E. The Bid Security of all except the three (3) apparent lowest Bidders shall be returned within 21 days after the canvass of Bids.

1.11 Submission of Bids

A. Submit two duplicate originals of the Bid, Bid Security, and all other documents required to be submitted with the Bid. Enclose in a single sealed opaque envelope addressed to the party receiving the Bids. Label on the outside of the envelope the Project name, project number (if applicable), and the Bidder's name and address. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "Bid Enclosed" on the face thereof.

Under no circumstances shall bids be accepted unless physically delivered to the correct City office and department. The City shall not accept any bids delivered via electronic mail or facsimile.

B. Bids shall be delivered to the designated location prior to the time and date for receipt of Bids indicated in the Invitation for Bids or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids shall be returned unopened to the person or firm submitting the Bid.

C. The Bidder assumes full responsibility for timely delivery of his Bid to the designated City department and personnel, regardless of the Bidder’s chosen method of delivery.

1.12 Modification and Withdrawal of Bids

A. Bids shall not be modified after submittal; however, they may be withdrawn at any time prior to the Bid Opening time and date.

B. Withdrawal requests shall be made in writing and must be received by the Owner before the time and date stated or as addended for the Bid Opening. Properly withdrawn Bids shall be returned unopened to the person or firm submitting the Bid. Untimely withdrawal requests or withdrawal requests not otherwise made in writing shall not be honored.

C. A Bidder who withdraws his Bid may submit a new Bid in the same manner as specified under "Submission of Bids," provided that such Bidder is able to duly submit its new bid prior to the time and date stated for the Bid Opening.

D. If a Contract is not awarded within 90 calendar days after opening of Bids, a

Bidder may file a written request with the Owner for the return of his Bid.

CPH, Inc. 00200-5 02.22.16

1.13 Basis of Award

A. The Owner reserves the right to accept or reject any or all bids in whole or in part with or without cause, to waive technicalities, or to accept the bid(s) which, in its judgment, best serves the interest of the Owner.

B. Except in cases where the Owner exercises the right to reject all Bids, the

Contract shall be awarded by the Owner, as soon as practicable after Opening of Bids, to the responsive, responsible Bidder who has submitted the lowest individual or combination Bid.

C. The lowest Bid will be determined by comparison of the “Total Base Bid” stipulated on the Bid Form, plus any combination of Additive or Deductive Alternate Bid Items of the Owner’s choosing. If the stated “Total Base Bid” conflicts with the sum of the Total Prices on the Bid Schedule, then the sum of the Total Prices prevails. The Total Price for each item is the stated unit price times the quantity.

1.14 Responsiveness Requirements

A. All Bidders are required to be responsive. Failure to meet any of the responsiveness requirements set forth herein may result in the Bidder being judged non-responsive.

B. To be judged responsive, the Bidder shall submit the following:

1. Bid Form with all of the following properly completed:

a) Name, address, and telephone number of Bidder.

b) Acknowledgment of receipt of all Addenda.

c) Bid Amount, including Unit Prices and Total Prices for all Items including all alternate items.

d) The Bid shall be signed by the person or persons legally authorized to bind the Bidder to a Contract. A Bid by a corporation shall further give the State of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current Power of Attorney attached certifying agent's authority to bind Bidder. Signatures and dates required. A bid submitted by a partnership shall be signed in the name of the firm by one or more of the partners.

2. Bid Security complying with the requirements of the Bidding Documents.

Include notarized power of attorney, if required.

3. Florida Trench Safety Act Statement.

C. If the Invitation to Bids requires attendance at a mandatory Pre-Bid meeting, then Bids submitted from Bidders who do not attend the mandatory Pre-Bid meeting will be judged non-responsive; unless providentially hindered as to such required attendance due to provable circumstances beyond the control of the Bidder whereupon mandatory attendance may be waived in writing at the sole discretion of the Owner.

CPH, Inc. 00200-6 02.22.16

1.15 Responsibility Requirements

A. All Bidders are required to be responsible. Failure to meet any of the responsibility requirements set forth herein may result in the Bidder being judged non-responsible. Bids from non-responsible bidders may be accepted or rejected at the discretion of the Owner.

B. To be judged responsible, the Bidder shall meet the following standards:

1. The Bidder shall be properly licensed and shall have a satisfactory record of integrity, judgment, and performance as a corporation (including its shareholders and officers), partnership, or as a sole proprietorship, including in particular, any prior performance upon contracts from the State, local governments, private agencies, and the Owner.

2. The Bidder shall have at least three (3) years of experience as a prime contractor.

3. The Bidder shall have performed as a prime contractor on at least three

(3) projects of similar type and size as the proposed contract work.

4. The Bidder shall be able to comply with the required completion schedule for the project.

5. The Bidder shall have adequate financial resources to perform the work, and shall have an adequate financial management system and audit procedure which provides efficient and effective accountability and control of all property, funds, and assets. The Bidder shall be able to demonstrate this by being able to provide a current (within the last 12 months) audited financial statement prepared in accordance with generally accepted accounting procedures.

6. The Bidder shall conform with the civil rights, equal employment opportunity and labor law requirements of the Bidding Documents.

7. The Bidder shall meet those applicable requirements for responsibility for Contractors as set forth in Division 2, Article IV of Chapter 2 of the DeBary Code of Ordinances, as well as any other applicable legal standards imposed by general or local law.

8. The Owner reserves the right to waive submittal of any or all of the above informational requirements to the Bidder.

1.16 Bidder Evaluation Submittal Requirements

A. Within 7 calendar days after being notified of being the apparent lowest, responsive Bidder, the Bidder shall submit the following information to the Owner or Engineer for further evaluation to determine whether the Bidder complies with the responsibility requirements. The following information may also be required to be submitted by the second and third low bidders within 7 calendar days, if so notified by the Owner or Engineer.

1. Provide a statement of the Bidder's organization, including resumes of key personnel, especially those personnel proposed for work on this Project.

2. Provide a summary of the Bidder's construction experience as a prime contractor. Provide names, addresses, phone numbers, and contact

CPH, Inc. 00200-7 02.22.16 persons for references. List current and past construction projects, name of Owner, Owner contract name and telephone number, and include information on amount of contract, major construction items and quantities.

3. Provide a current (within the last 12 months) audited financial statement prepared in accordance with generally accepted accounting procedures.

The financial statement shall include, as a minimum, an income statement, a statement of changes and related footnotes, a balance sheet, and certification that the financial status of the company has not materially changed since the audit.

4. Provide a list of equipment and quantities currently owned or under lease to the Bidder and available for the work.

5. Provide a list of all sub-contractors to be utilized by the Bidder for the contract work.

6. Submit copies of all construction licenses.

7. Provide a statement indicating whether the Bidder is or has been under litigation or dispute resolution procedure with any governmental agency within the past 5 years, as provided by Article 1.09 of these Instructions to Bidders.

B. The Owner reserves the right to waive submittal of any or all of the above informational requirements of the Bidder.

1.17 Award of Contract

If the contract is to be awarded, the Owner or its agent will deliver to the successful lowest responsible and responsive bidder a Notice of Award and Agreement form within ninety (90) days after the day of the bid opening. The Agreement shall be substantially in the same form and contain the same terms as disseminated to Bidders with the Bidding Documents, and shall not be subject to substantive changes unless such changes are otherwise determined to be in the best interests of the City. The successful bidder shall sign and return the Agreement and required bonds and insurance within fourteen (14) days of receipt of the Notice of Award. Failure to execute the Agreement shall constitute a default, and such default shall result in the successful bidder’s forfeiture of his/her bid bond to the City as liquidated damages for the City’s lost time and opportunity cost and expense in undertaking the procurement process and not as a penalty.

1.18 Bonds and Insurance

A. Upon award of the contract, the Bidder, simultaneously with the execution of the Agreement, shall furnish certificates of insurance, insurance certification, performance bond, and payment bond. The forms of the bonds and insurance certification, including bonding amounts and duration and insurance coverage required are included in the Bidding Documents.

B. The successful Bidder shall, before commencing the work, record said Payment and Performance Bond in the public records of the County where the improvement is located in accordance with FS 255.05.

CPH, Inc. 00200-8 02.22.16

1.19 Waiver

Each Bidder agrees to waive any claims it has or may have against the Owner, Engineer, and their respective officers, employees, agents, designees, successors, legal representatives or assigns, arising out of or in connection with the administration, evaluation, recommendation, rejection or award of any bid. All Bidders further understand and comprehend that all costs and expenses related to Bid preparation are to be borne by the Bidder who shall be solely responsible for such, and that no Bidder shall be entitled to a refund of any such costs or expenses regardless of whether the Bidder is awarded a contract, work, or agreement pursuant to this Invitation to Bid.

1.20 City of DeBary Quality, Professional Standards, and Security Requirements

In accordance with the provisions of Section 00520, the Contractor and all subcontractors shall comply with the professional quality, employee identification, and security screening requirements for all workers who will be present at the project site.

1.21 City of DeBary Tax Recovery

A. Bidder is hereby informed the City of DeBary is tax exempt and may elect to exercise its right to purchase directly, via its purchase orders, various construction materials, supplies and equipment that may be part of this contract.

By signing its bid submission, the Bidder hereby acknowledges that the City has the right to exercise this option and that Bidder will cooperate fully to enable the City to achieve the tax recovery savings applicable to the materials, supplies and equipment so designated by the City.

B. As applicable to the purchase of identified equipment, material and supplies, the

Contractor shall assist the City in the preparation of purchase orders. The City may direct the Contractor to prepare the Purchase order on the City’s form and make ready for verification and execution by the City. The materials shall be purchased from the vendor/suppliers originally selected by the Contractor, for the price originally negotiated by the Contractor including special terms and conditions agreed upon by the contractor.

C. The Contractor shall, within twenty-one (21) calendar days from the date of the

Notice to Proceed, prepare a complete list of materials, supplies and equipment applicable to the project. The list must include the cost of each item, delivery from supplier ARO and delivery schedule required to maintain timely scheduling of the project. The City will advise the Contractor within ten (10) days which items from the list the Owner wishes to purchase directly.

D. At the time the direct order is placed, the Purchase Order to the General

Contractor shall be reduced by the net, undiscounted amount of the purchase order, plus all sales tax, six percent plus 1 percent surcharge on the first $5,000.

Issuance of the purchase orders by the City does not change any of the Contractor’s responsibilities regarding material purchases, or installations, with the exception of the payments for the materials purchased. The Contractor remains responsible for coordination, correct quantities order, submittals, protection, storage, shipping tickets and invoices, installation, cleaning, all

CPH, Inc. 00200-9 02.22.16 applicable warranties and that all materials purchased meet the requirements of the Contract Documents. The Contractor shall certify all invoices as accurate and acceptable and forward the certified invoices to the City for payment.

E. In the event that materials, supplies, or equipment purchased under this option are defective, nonconforming or rejected for any reason whatsoever, and it becomes necessary to initiate action against the responsible party, the Contractor shall be responsible to take appropriate action.

PART 2 PRODUCTS - Not Used

PART 3 EXECUTION - Not Used

END OF SECTION

CPH, Inc. 02.22.16

00410-1

SECTION 00410

BID FORM

1.01 Description

The following Bid, for the (1) City of Debary Fire Station (Bid# 02-16) , is hereby made to (2) City of Debary , hereafter called the Owner. This Bid is submitted by (3)

(1) Name of Project as shown in the Invitation for Bids

(2) Owner

(3) Name, address, and telephone number of Bidder

1.02 The Undersigned:

A. Acknowledges receipt of:

1. Project Manual and Drawings identified within the Project Manual.

2. Addenda: Number Dated Number Dated Number Dated Number Dated

B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same.

C. Agrees:

1. To hold this Bid open for 90 calendar days after the bid opening date.

2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security.

3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders.

4. To accomplish the work in accordance with the Contract Documents.

00410-2

5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the work within 210 calendar days of the date of the Notice to Proceed.

6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time.

1.03 Lump Sum Price

The undersigned will construct this project for the Base Bid Lump Sum Price of $ Dollars ($ ).

The undersigned will construct this project for the Base Bid + Alt Bid Lump Sum Price of $ Dollars ($ ).

1.04 Schedule of Values

The Bidder hereby indicates the above Lump Sum Price represents all materials, labor, equipment, transportation, performance of all operations relative to construction of the project, overhead, and costs of all kinds and profit to complete the work items in accordance with the Project Manual, plans, and permits.

1.05 Miscellaneous Requirements and Affirmations

A. Proposals (Bids) must be on the Bid Form.

B. I have attached the required Bid Security to this Bid.

C. I have attached the required Statement in connection with the Trench Safety Act.

1.06 RESPECTFULLY SUBMITTED, signed and sealed this day of

Contractor

By (Signature) Date

Printed Name and Title

Business Address

00410-3

(CORPORATE SEAL)

City State Zip Code

Telephone No. Facsimile No.

E-Mail Address

ATTEST:

By (Signature) Date

CPH, Inc 00420-1 02.22.16

SECTION 00420

BID BOND FORM

KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) , as Principal, and (2) , as Surety, are hereby and firmly bound unto (3) City of DeBary , as Owner, in the penal sum of (4) Dollars ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to (3) City of DeBary a certain Bid for (5) DeBary Fire Station # 33, attached hereto and hereby made a part hereof.

1) Bidder

2) Surety

3) Owner

4) Amount of Bond as Required in the Instructions to Bidders

5) Name of Project as Shown in Invitation for Bids

NOW, THEREFORE,

A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement

(properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension.

CPH, Inc 00420-2 02.22.16

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers.

Signed and sealed this day of , .

ATTEST: Principal

By (Principal Officer) By (Signature of Officer)

Typed Name and Title Typed Name and Title

(CORPORATE SEAL) Address

City, State, Zip

Surety

By:

By Attorney-in-Fact

Typed Name and Title Typed Name and Title

(SEAL) Address

City, State, Zip

CITY OF DEBARY

FIRE STATION NO 33

BIDDERS ARE TO SUBMIT A BID FOR BASE BID AND ALTERNATE BID

BASE BID

UNIT TOTAL

NO. DESCRIPTION UNITS QUANTITY PRICE PRICE

1 General Conditions LS 1 2 Building LS 1 3 Site Work LS 1

ALTERNATE BID

UNIT TOTAL

NO. DESCRIPTION UNITS QUANTITY PRICE PRICE

1 Demolition of Existing Fire Station and Volunteers Hall- 93 S US HWY 17-92 LS 1

TOTAL BASE BID

TOTAL ALTERNATE BID

CPH, Inc 00430-1 02.22.16

SECTION 00430

TRENCH SAFETY FORM

Bidder acknowledges that included in the various items of the proposal contained on the Bid Form are costs for complying with the Florida Trench Safety Act (FS 553.60-553.64). The Bidder further identifies the cost of compliance with the applicable trench safety standards for the project as follows (Bidder to attach additional sheets as necessary to identify all costs):

Trench Safety Measure

(Description) Units of Measure

(LF, SF, SY)

Unit Quantity

Unit Cost Extended Cost

A B C D E F

TOTAL $

The total cost shown herein is already included in the various items on the Bid Form and is not additional to the pricing shown on the Bid Form.

Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards.

Submitted, signed and sealed this day of , .

Bidder

Signature

Signature Date (SEAL)

CPH, Inc. 00510-1 02.22.16

SECTION 00510

NOTICE OF AWARD FORM

TO:

NAME OF PROJECT: City of DeBary Fire Station # 33 Bid No. 02-16

The OWNER has considered the BID submitted by you, dated for the above described WORK in response to the Invitation for Bids and Information for Bidders.

You are hereby notified that your BID has been accepted for BID items in the amount of $

You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen (14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this day of , .

OWNER: City of DeBary (Name of OWNER)

By (Signature)

Dan Parrott, City Manager (Printed Name and Title)

ACCEPTANCE OF NOTICE

Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by this day of , .

By

CPH, Inc. 00520-1 02.22.16

SECTION 00520

AGREEMENT FORM

1.01 THIS AGREEMENT, made and entered into the day of , 2016 by and between the City of DeBary, Florida, 16 Colomba Road, DeBary, Florida 32713, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as “OWNER”) and whose principal and local address is hereinafter referred to as to as the “CONTRACTOR”. The CITY and the CONTRACTOR are collectively referred to herein as the Parties.

1.02 The Owner and Contractor Agree as Follows:

A. Contract Documents

The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor’s Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer’s written interpretations and clarifications issued on or after the Effective Date of this Agreement. These Contract Documents form the entirety of the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

B. Scope of Work

The Contractor shall perform all work required by the Contract Documents for the construction of the City of DeBary Fire Station #33 (BID No.02-16 ) (hereinafter “Project”).

C. Contract Time

The Contractor shall begin work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is ____ calendar days.

The work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion.

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D. Liquidated Damages

The Contractor agrees that for each calendar day, with the exception of Sundays and legal holidays, that if the project is not substantially completed by the date provided for substantial completion, or if any work remains incomplete after the date on which the Project is to be finally complete, the Contractor shall be liable for and shall pay to the City the sum of $884 (Eight Hundred Eight Four Dollars) per day as liquidated damages (not as a penalty), and such shall be deducted from the Contract Sum and monies due the Contractor. Should the total amount chargeable as liquidated damages exceed the amount due or payable to the Contractor or his/her Surety, then such excess shall be paid to the City by the Contractor or his/her Surety. When City reasonably believes that Substantial Completion or Final Completion will be inexcusably delayed, City shall be entitled, but not required, to withhold from any amounts otherwise due to Contractor an amount then believed by City to be adequate to recover liquidated damages applicable to such delays. The City’s exercise of the right to terminate shall not release the Contractor from the obligation to pay said liquidated damages. The liquidated damages provided in this Section shall apply even if Contractor’s work is terminated, or if the Contractor has abandoned the Work.

Liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defaults in Contractor’s performance hereunder for matters other than delays in completion of the Work.

E. Contract Price

Lump Sum Contract

The Owner will pay the Contractor in current funds for the performance of the work, subject to additions and deductions by Change Order and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of ______________Dollars ($_____________ ). Payments will be made to the Contractor on the basis of the Lump Sum Price included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein.

F. City of DeBary Tax Recovery

The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY’s tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement.

The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases.

G. Payments

The Owner shall make payments as provided in the General Conditions and Supplementary Conditions and as may be required by Part VII, Chapter 218, Fla.

Stat. Should any of the mandatory provisions of Part VII, Chapter 218, Fla. Stat., CPH, Inc. 00520-3 02.22.16 conflict with this Agreement, including the Contract Documents, such mandatory provisions shall control to the extent such conflict exists.

H. Retainage

In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, Part VII, Chapter 218, Fla. Stat., the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Conditions, this Agreement, and Supplementary Conditions. Retainage for this project is 10%, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law.

I. Engineer

The Project has been designed by CPH Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions.

J. Additional Terms and Conditions

1. The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and/or services to the CITY by means of ensuring that its employees and subcontractors are qualified, neat in appearance, and of polite demeanor.

2. All submissions submitted by the CONTRACTOR in the proposal/bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein.

3. The CONTRACTOR acknowledges that the CITY may retain other goods and/or service providers to provide the same goods and/or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and/or service providers for CITY projects. The CITY reserves the right to select which goods and/or services provider shall provide goods and/or services for the CITY’s projects.

4. The CONTRACTOR agrees to provide and ensure coordination between and among its providers of goods/services.

5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations

CPH, Inc. 00520-4 02.22.16 imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he/she/it is authorized to bind the CONTRACTOR fully to the terms of this Agreement.

6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, as amended from time to time and in effect on the date hereof.

7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, subcontractors, sub-subcontractors and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement.

8. Persons employed by the CONTRACTOR in the provision and performance of the goods and/or services and functions pursuant to this Agreement shall have no claim to pension, workers’ compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY’s officers and employees either by operation of law or by the CITY.

9. No claim for goods and/or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY.

10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and/or services to be provided and/or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and/or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over this Project.

11. Quality, Professional Standards, and Security Requirements

a. Under this paragraph 11, the term “CONTRACTOR’S employees” shall include CONTRACTOR’S agents, employees and SUBCONTRACTORS’ extending to SUBCONTRACTORS’ contractors, agents and employees.

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b. The CONTRACTOR shall be responsible for compliance with the terms and conditions of this agreement, including those terms pertaining to the quality of services, technical specifications, conduct and demeanor of CONTRACTOR’s employees, safety standards, and compliance with all applicable regulations, ordinances, and laws. All CONTRACTOR’s employees, when present on City property or work sites, must, in a conspicuous manner, wear identification badges at all times, which badges, at a minimum, provide the name of the employee and the CONTRACTOR (or subcontractor) for whom he/she is working.

c. The CITY reserves the right to require the CONTRACTOR to provide the CITY with a list of employees currently working on the project. Such list shall be furnished within forty-eight hours of the CITY’s submittal of a written request for such information and, unless otherwise noted by the City, shall be accompanied by a schedule of employee working days, times, and assignments.

d. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and/or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of the services rendered pursuant to this Agreement, including but not limited to the following: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his/her/its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR’s submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto to the extent such submissions do not conflict with or contradict the terms of this document or are otherwise affirmatively acknowledged, approved, and ratified by the CITY as an express exception to this document in writing.

12. Neither the CITY’s review, approval or acceptance of, nor payment for, any of the goods and/or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR’s negligent or improper performance or failure to perform or provide any of the goods and/or services furnished under this Agreement.

13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law.

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14. Time is of the essence in the performance of all goods and/or services provided by the CONTRACTOR under the terms of this Agreement.

15. Invoices, which are in an acceptable form to the CITY and without disputable items, shall be processed by the City’s agent within twenty-five

(25) days in accordance with applicable provisions of the Local Government Prompt Payment Act as set forth in Part VII, of Chapter 218, Florida Statutes.

16. Within twenty (20) business days after the date an invoice is stamped received in accordance with § 218.74(1), Fla. Stat., the CITY shall notify the CONTRACTOR in writing of any deficiencies in the invoice. Such notice shall further specify the deficiency or deficiencies in the invoice and state the requested action(s) that the CONTRACTOR must undertake to correct the invoice as required by § 218.735(2), Fla. Stat. (2009).

17. The CITY and the CONTRACTOR shall make every effort to resolve all disputed items contained in the CONTRACTOR’s invoices in accordance with those dispute resolution procedures provided for in § 218.76(2), Fla.

Stat., (2009).

18. Each invoice shall reference this Agreement, state the appropriate billing period, and provide an itemized accounting of all services, costs, charges, fees, and credits.

19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed the goods and/or services referenced in an invoice.

20. Invoices are to be forwarded directly the City’s designated CEI representative, as identifed at the preconstruction meeting, for review and processing. Such CEI representative is hereby designated the City’s agent for the purposes of receiving, processing, and approving invoices in accordance with § 218.735(1)(a), Fla. Stat., (2009).

21. CITY designates the City Manager or his/her designated representative, to represent the CITY in all matters pertaining to and arising from the work and the performance of this Agreement unless otherwise specified herein.

22. The City Manager, or his/her designated representative, shall have the following responsibilities:

a. Examination of all work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR;

b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with

CPH, Inc. 00520-7 02.22.16 respect to design, materials, and other matters pertinent to the work covered by this Agreement;

c. Giving prompt written notice to the CONTRACTOR whenever the CITY’s official representative knows of a defect or change necessary in the project; and

d. Coordinating and managing the CONTRACTOR’s preparation of any necessary applications to governmental bodies, to arrange for submission of such applications.

23. Until further notice from the City Manager, the designated representative for this Agreement is the City Manager or his/her designee.

24. The performance of work pursuant to this Agreement may be terminated by the City in accordance with this clause in whole, or from time to time in part, for convenience or cause whenever the City shall determine that such determination is in the best interest of the City. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective.

25. After receipt of a Notice of Termination, and except as otherwise directed by the City, the Contractor shall:

(A) Stop work under the Contract on the date and to the extent specified in the Notice of Termination;

(B) Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the Contract as it is not terminated;

(C) Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination;

(D) Assign to the City in the manner and at the times and to the extent directed by the City, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the City shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

(E) Settle all outstanding liabilities and all claims arising out of such termination of…