RFP# RM-20-81
______Company Submitting Response
REQUEST FOR PROPOSALS
RFP NO. RM - 20 - 81 TITLE General Contractors for Home Repair Projects (Pre-Qualification Pool) AVAILABLE Tuesday, June 09, 2020 NON-MANDATORY PRE-PROPOSAL Wednesday, June 17, 2020 at 11:00 AM EST CONFERENCE Meeting Information Meeting link: https://daviepurchasing.webex.com/daviepurchasing/j.php?MTI D=m8848664ebd1a2290ddf2edccf426d907 Meeting number: 129 728 1449 Password: tdHdKVwc992
More ways to join Join by video system Dial [email protected] You can also dial 173.243.2.68 and enter your meeting number.
Join by phone +1-408-418-9388 United States Toll Access code: 129 728 1449 DUE DATE 02:00PM EST on Tuesday, June 30, 2020 SUBMIT TO DEMANDSTAR COUNCIL APPROVAL TBD BONDS N/A
Download Bid Information for Free at: https://www.davie-fl.gov/bids Town of Davie Supplier Central: https://www.davie-fl.gov/877/Supplier-Central RFP# RM-20-81
TOWN OF DAVIE RFP NO. RM-20-81 REQUEST FOR PROPOSALS General Contractors for Home Repair Projects (Pre-Qualification Pool)
Dear Potential Respondent:
The Town of Davie, Florida invites qualified firms to submit responses in accordance with the requirements stated herein no later than 02:00PM EST on Tuesday, June 30, 2020, for RFP NO. RM-20-81 General Contractors for Home Repair Projects (Pre-Qualification Pool). Interested firms may secure the solicitation package and all other pertinent information by visiting http://www.davie-fl.gov/bids or at DemandStar.com.
A Non-Mandatory Pre-Proposal Conference will be held on Wednesday, June 17, 2020 at 11:00 AM EST via conference call or via online meeting. Meeting information is listed on the cover page and section 3.3.
Questions regarding this solicitation shall be submitted in writing to [email protected] no later than 5:00 PM on June 22, 2020. Responses to those questions considered material to the solicitation will be made available as formal addenda to the Town’s Purchasing website and DemandStar.com. It is the responsibility of prospective bidders to ensure they are aware of all addenda issued relative to this solicitation.
Respondents shall submit all proposal documents electronically through www.demandstar.com. A full instructional guide on how to submit documents will be included with this solicitation. The Town will maintain documentation on its own website at www.davie-fl.gov/purchasing for general public information and posting requirements. Late submissions shall not be accepted.
RFP responses will be publicly opened and firm names read aloud after the due date/time noted above via conference call or via online meeting at:
Meeting Information Meeting link: https://daviepurchasing.webex.com/daviepurchasing/j.php?MTID=mcf03fe8ef6c61ad5f26df45284492e51 Meeting number: 129 403 4914 Password: 9axTJSXQD82
More ways to join Join by video system Dial [email protected] You can also dial 173.243.2.68 and enter your meeting number.
Join by phone +1-408-418-9388 United States Toll Access code: 129 403 4914
The selection of the successful respondent(s) shall be at the Town’s discretion and shall be made in a prompt manner after the receipt and evaluation of all RFP responses. The Town of Davie reserves the right to reject any and all submissions, to waive any and all irregularities in any submission, and to make awards in the best interest of the Town.
Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954-797-1023 at least forty-eight (48) hours prior to the meeting to request such accommodation. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8770 (voice) or 1-800-955-8771 (TDD).
Brian K. O’Connor Procurement Manager Town of Davie
Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier.
Pursuant to Florida Statute § 286.0105, if a person decides to appeal any decision made by this board, agency, committee, or council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose he or she will need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. RFP# RM-20-81
TABLE OF CONTENTS
SOLICITATION SECTIONS PAGE SECTION 1.0 General Terms and Conditions 4
SECTION 2.0 Insurance Requirements 28
SECTION 3.0 Special Conditions 31
SECTION 4.0 Specifications 34
SECTION 5.0 Required Forms 37
Attachment “A”- Contractor Application Attached Attachment “B”- Contractor Handbook Attached
Attachment “C”- Sample Agreement Attached
• Demandstar Sign Up Attached • Demandstar E-Bidding Instructions • Conference Call/Online Meeting Instructions
RFP# RM-20-81
agreed consideration.
SECTION 1.0 GENERAL Contract Documents: The Instructions to Bidders, Bid Form, Bid Bond, Contract, TERMS AND CONDITIONS Performance Bond, Payment Bond, General Conditions, Special Provisions, 1.1 DEFINITIONS Supplemental Provisions, Technical Specifications and Plans, together with all When used in Contract Documents (defined Addenda, Change Orders, Schedules and below) or in related documents, the following Shop Drawings. terms shall have the meanings given below: Contract Administrator: Town of Davie Addendum: A modification of the Plans, Town Administrator or his designee or duly Specifications or other Contract authorized representative designated to Documents distributed to prospective manage the Contract. Bidders prior to the opening of Bids. Contractor: The individual, firm, Advertisement for Bids: The public notice partnership, corporation or joint venture inviting the submission of Bids for the work. whose Bid is accepted and who enters into a Contract with the Town of Davie and who Bid: The written offer of a Bidder to perform is liable for the acceptable performance of the work or service. the work and for the payment of all legal debts pertaining to the Work. Bid Bond: A bond executed by a Bidder and its Surety in the attached form Contract Date: The date on which the guaranteeing that the Bidder, if awarded Agreement is effective. the Contract will execute the same and will timely furnish the required Performance Contract Time: The number of days Bond, Payment Bond, and evidence of allowed for completion of the work. The Insurance. Contract Time will be stipulated in the Bid Form, unless extended by a Change Order. Bidder: Any individual, firm, partnership or All contract time shall be measured in corporation submitting a Bid in accordance calendar days. with the Instructions to Bidders. Town: The Town of Davie, a municipal Bid Documents: Bid Guarantee or bid corporation and political subdivision of the deposit. The Advertisement for Bids, State of Florida, incorporated within Instructions to Bidders, Bid Form, Bid Bond, Broward County, Florida, whose governing Contract, Performance Bond, Payment body is a Town Council consisting of a Bond, General Conditions, Special Mayor, Vice Mayor and three Town Council Provisions, Technical Specifications and members. As used hereunder, the Town is Plans, together with all Addenda. the Town of Davie, including its districts, boards, authorities, separate units of Bid Form: The form on which Bids are government established by law, ordinance submitted. or resolution, partners, elected and non- elected officials, employees, agents and Calendar Day: Every day shown on the volunteers. calendar. Community Redevelopment Agency Change Order: A written agreement (CRA): The Town of Davie Community executed by the Town, the Contractor and Redevelopment Agency, which is created the Contractor’s Surety, covering pursuant to Florida Chapter 163, Part III. modifications to the Contract recommended by the Project Manager and Town Administrator: The Administrator of approved by the Town Administrator and/or the Town of Davie, Florida. Town Council. Executive Director: The Executive Contract: The written agreement between Director of the Davie Community the Town and the Contractor for Redevelopment Agency. performance of the Work in accordance with the requirements of the Contract Days: Reference made to Days shall mean Documents and for the payment of the consecutive calendar days.
4
RFP# RM-20-81
Project. Deliverables: All documentation and any items of any nature submitted by the Scope of Service: Document which details Contractor to the Towns Project Manager the work to be performed by the Contractor. for review and approval in writing pursuant to the terms of the Agreement. Subcontractor or Sub consultant: Any person, entity, firm or corporation, other Lessee: Any individual, partnership or than the employees of the Contractor, who corporation having a tenant relationship furnishes labor and/or materials, in with the Town of Davie. connection with the Work, whether directly or indirectly, on behalf of and/or under the Liquidated Damages: The amount that the direction of the Contractor and whether or Contractor accepts, as stipulated in the Bid not in privity of Contract with the Contractor. Form, which will be deducted from the Contract Sum for each Calendar day of The words “Work”, “Services”, delay due to a Non-excusable Delay to be “Program”, or “Project”: All matters and determined by the Town’s Contract things required to be done by the Manager. Contractor in accordance with the provisions of the Contract. Notice To Proceed (NTP): The written communication issued by the Town to the The words “Directed”, “Required”, Contractor directing the Contractor to begin “Permitted”, “Ordered”, “Designated”, contract work and establishing the date of “Selected”, “Prescribed”, or words of like commencement of the work. import to mean respectively, the direction, requirement, permission, order, Owner: The term Owner as used in this designation, selection or prescription of the Contract shall mean the Town of Davie. Town's Project Manager or; and similarly the words "approved", acceptable", Performance and Payment Bonds: "satisfactory", "equal", "necessary", or Bonds executed by the Contractor and his words of like import to mean respectively, Surety, on the attached forms, assuring that approved by, or acceptable or satisfactory the Contractor will, in good faith, perform to, equal or necessary in the opinion of the and guarantee the work in full conformity Town’s Project o Manager. In resolving with the terms of the Contract Documents disputes and in all respects the Town and will promptly pay all persons supplying Administrator’s decision shall be final. the Contractor with labor, materials, or supplies, used directly or indirectly by the 1.2 VENDOR NOTIFICATION Contractor in the prosecution of the Work. It is the policy of the Town to encourage full and Plans: The drawings or reproductions open competition among all available qualified thereof, prepared and sealed by the vendors. All vendors regularly engaged in the Architect/Engineer, which show the type of work specified in the Bid Solicitation are locations, character, dimensions and encouraged to submit bids. Vendors may enroll details of the work to be done and which are with the Town to be included on an email list for part of the Contract Documents. goods and services which can be found at https://www.davie-fl.gov/list.aspx. Project: The construction and services required by the Contract Documents, which includes all labor, materials, equipment, and services to be provided by the 1.3 BIDDERS RESPONSIBILITIES Contractor to fulfill the Contractor’s obligations. Bidders are required to submit their proposals upon the following express conditions: Project Cost: The sum of the construction costs, allowances for contingencies, the A. Bidders shall thoroughly examine the total cost of design professional and related drawings, specifications, schedules, services provided by consultant, and instructions and all other contract allowances for such other items as charges documents. of all other professionals and consultants. B. Bidders shall make all investigations Project Manager: The duly authorized necessary to thoroughly inform representative designated to manage the themselves regarding the site and
5
RFP# RM-20-81
facilities for delivery of material and A. Any manufacturer's names, trade equipment as required by the bid names, brand names, or catalog conditions. No plea of ignorance, by the numbers used in these applications are bidder, of conditions that exist or that for the purpose of describing and may hereafter exist as a result of failure establishing minimum requirements or or omission on the part of the bidder to level of quality, standards of make the necessary examinations and performance, and design required, and investigations, or failure to fulfill in every are in no way intended to prohibit the detail the requirements of the contract bidding of other manufacturers' items of documents, will be accepted as a basis equal material, unless specifications for varying the requirements of the Town state "NO SUBSTITUTIONS." or the compensation due the bidder. B. Bidders must indicate any variances to C. Bidders are advised that all Town the specifications, terms, and contracts are subject to all legal conditions, no matter how slight. If requirements provided for in the Town of variations are not stated in the Proposal, Davie Purchasing Code and applicable it shall be construed that the bid fully County Ordinances, State Statutes and complies with the Specifications, Terms Federal Statutes. and Conditions.
1.4 PREPARATION OF BIDS C. Bidders are required to state exactly what they intend to furnish; otherwise Bids will be prepared in accordance with the they shall be required to furnish the following: items as specified.
A. Our enclosed Bid Proposal Form is to be D. Bidders will submit, with their proposal, used in submitting your bid. NO OTHER necessary data (factory information FORM WILL BE ACCEPTED. sheets, specifications, brochures, etc.) to evaluate and determine the quality of B. All information required by the bid form the item(s) they are bidding. shall be furnished. The bidder shall sign each continuation sheet (where E. The Town shall be the sole judge of indicated) on which an entry is made. equality and its decision shall be final.
C. Unit prices shall be shown and where 1.6 SUBMISSION OF BIDS there is an error in extension of prices, the unit price shall govern. A. Bidders shall submit all bid documents electronically through D. Alternate bids will not be considered www.demandstar.com. A full unless authorized in the Invitation to Bid instructional guide on how to submit document. documents will be included with this solicitation. Late submissions shall not E. Proposed delivery time must be shown be accepted. in calendar days, which shall include weekends and holidays. B. The Town will maintain documentation on its own website at www.davie- The Town of Davie is exempt from payment fl.gov/purchasing for general public to its vendors of State of Florida sales tax information and posting requirements. and, therefore, such taxes should not be figured into the bid. However, this exemption C. Bidders requesting a copy of the bid does not transmit to suppliers to the Town in tabulation will find this information their (supplier) purchases of goods or through www.demandstar.com or on the services, used in work or goods supplied to Town’s website at www.davie- the Town. Contractors are responsible for fl.gov/purchasing. any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. 1.7 ADDENDA An exemption certificate will be signed where applicable, upon request. The Town will pay The Purchasing Division may issue an no sales tax. addendum in response to any inquiry received, prior to Bid opening, which changes, adds to or 1.5 DESCRIPTION OF SUPPLIES clarifies the terms, provisions or requirements of the solicitation. The Bidder may not rely on any
6
RFP# RM-20-81
representation, statement or explanation, If any person contemplating submitting a bid for whether written or verbal, other than those made this contract is in doubt as to the true meaning of in this Bid solicitation document or in any the specifications or other bid documents or any addenda issued. Where there appears to be a part thereof, he/she may submit to the conflict between this Bid solicitation and any Procurement Manager, on or before five (5) days addenda, the last addendum issued shall prevail. prior to scheduled opening, a request for It is the Bidder’s responsibility to ensure receipt clarification. All such requests for clarification of all addenda and any accompanying shall be made in writing and the person documents. Bidder(s) shall acknowledge receipt submitting the request will be responsible for its of any formal Addenda by signing the addendum prompt delivery. Any interpretation of the bid, if and including it with their Bid. Failure to include made, will be made only by Addendum duly signed formal Addenda in its Bid shall deem its issued. The Town will not be responsible for any Bid non-responsive provided, however, that the other explanation or interpretation of the Town may waive this requirement in its best proposed bid made or given prior to the award of interest. the contract. Any objection to the specifications and requirements as set forth in this bid must be 1.8 REJECTION OF BIDS filed in writing with the Procurement Manager five (5) days prior to the scheduled opening. The Town reserves the right to reject any or all proposals prior to award. Reasonable efforts will 1.13 INVOICING/PAYMENT be made to either award the contract or reject all proposals within one hundred and twenty (120) All invoices should be sent to: Town of Davie, calendar days after proposals opening date. Finance Department, 6591 Orange Drive, Davie, Florida 33314. In accordance with Florida State 1.9 WITHDRAWAL OF BIDS Statutes, Chapter 218, payment will be made within 45 days after receipt of services and a A. Bids may not be withdrawn and shall be proper invoice. The Town cannot make advance deemed enforceable for a period of 120 payments, make deposits in advance of receipt days after the time set for the bid of goods, or pay C.O.D. Bidders should state any opening. payment discount in the space provided on the proposal form. B. Bids may be withdrawn prior to the time set for the bid opening. Such request 1.14 DISCOUNTS must be in writing. A. Bidders may offer a discount for prompt C. The Town will permanently retain as payment; however, such discounts shall liquidated damages the bid deposit NOT be considered in determining the furnished by any bidder who requests to lowest net cost for bid evaluation withdraw a bid after the bid opening. purposes. Bidders are encouraged to reflect cash discounts in the unit prices 1.10 LATE BIDS OR MODIFICATIONS quoted.
Only bids or proposals received as of opening B. In connection with any discount offered, date and time will be considered timely. Bids and time will be computed from the date of modifications received after the time set for the receipt of supplies or services or from bid opening will be rejected as late. the date a correct invoice is received, whichever is the later date. Payment is 1.11 CONFLICTS WITHIN THE BID deemed to be made on the date of SOLICITATION mailing of the check.
Where there appears to be a conflict between the 1.15 COMPETENCY OF BIDDERS General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid A. Pre-award inspection of the Bidder's Submittal Section, or any addendum issued, the facility may be made prior to the award order of precedence shall be the last addendum of contract. Bids will be considered only issued, the Bid Submittal Section, the Technical from firms which are regularly engaged Specifications, the Special Conditions, and then in the business of providing the goods the General Terms and Conditions. and/or services as described in this Bid(s); have a record of performance for 1.12 CLARIFICATION OR OBJECTION TO BID a reasonable period of time; and have SPECIFICATIONS sufficient financial support, equipment and organization to ensure that they can
7
RFP# RM-20-81
satisfactorily deliver the material and/or 1.17 EMPLOYEES services if awarded a Contract under the terms and conditions herein stated. The All employees of the Contractor shall be terms "equipment and organization" as considered to be at all times the sole employees used herein shall be construed to mean of the Contractor, under the Contractor's sole a fully equipped and well established direction, and not employees or agents of the company in line with the best business Town of Davie or of the Davie Community practices in the industry and as Redevelopment Agency. The Contractor shall determined by the proper authorities of supply competent and physically capable the Town. employees and the Town is authorized to require the Contractor to remove any employee it deems B. The Town may consider any evidence careless, incompetent, insubordinate or available to it of the financial, technical otherwise objectionable and whose presence on and other qualifications and abilities of a Town property is not in the best interest of the Bidder, including past performance Town. (experience) in making the award in the best interest of the Town. In all cases the Each employee at all times shall have and display Town of Davie shall have no liability to in plain view proper identification. The name of any contractor for any costs or expense the company shall be displayed on the front of the incurred in connection with this bid or employee’s shirt and the name of the company otherwise. and employee must be worn on a badge visible from the front of the employee 1.16 NOTICE REQUIREMENTS UNDER THE AGREEMENT 1.18 AWARD OF BID
All notices required or permitted under the A. The Review Committee or Department Agreement shall be in writing and shall be will make a recommendation based deemed sufficiently served if delivered by upon the lowest responsive and Registered or Certified Mail, with return receipt responsible bidder whose bid conforms requested; or delivered personally; or delivered to the Invitation for Bids and is most via fax or e-mail (if provided below) and followed advantageous to the Town. If lowest fails with delivery of hard copy; and in any case to comply, then the second will be called addressed as follows: upon, and so on.
To the Town: B. The Town reserves the right to accept Project Manager and award item by item, and/or by Town of Davie group, or in the aggregate, unless the Attention: Glenda Martinez bidder qualifies his bid by specified Community Services Manager limitations. Phone: 954-797-1196 C. One or more Contractors may be To the Procurement Department: designated as approved Primary or Brian O’Connor, C.P.M., Procurement Manager Secondary Vendor(s) for the delivery of Purchasing Division material and/or services from this 6591 Orange Drive contract through the effective period of Davie, FL 33314 the award. In any situation where Phone: (954) 797-1016 Fax: (954) 797-1049 obtaining services from the Primary Email: [email protected] Vendor (s) is not in the best interest of the Town, or the vendor cannot deliver To the Contractor material and/or services within 24 hours of date required, or on an emergency Notices will be sent to the contractor at the basis, staff may obtain services from the physical address, e-mail address, and fax Secondary Vendor (s). numbers and to the person listed in the Contractor’s proposal, as applicable. D. Successful Bidder shall be notified in writing of award. Either party may at any time designate a different address and/or contact person by giving notice E. Delivery of materials and/or services as provided above to the other party. Such shall be performed upon receipt by notices shall be deemed given upon receipt by successful bidder of a numbered, signed the addressee. purchase order.
8
RFP# RM-20-81
1.19 BID PROTESTS as an agenda item on the next available Town Council agenda. All bidders will be notified of the The Town shall provide notice of its intent to agenda date in writing. award or reject to all bidders by posting such notice on the Town’s website within two (2) 5. Once the bid protest is resolved, the Town will working days after the posted review committee proceed with the bid award, unless as exempted meeting. in 2 above.
If a vendor feels that it has been treated unfairly 1.20 AGREEMENT with regard to the results of a solicitation, or the resulting recommendation for award, it may An agreement shall be sent to the awarded protest the Town’s action as follows: bidder to be signed, witnessed, and returned to the Town for execution, when applicable. The 1. The vendor must submit a letter to the Town will provide a copy of the fully executed Procurement Manager detailing the nature of the agreement to the awarded bidder. protest along with two (2) cashier’s checks within three (3) working days of publication of the notice 1.21 DISQUALIFICATION OF BIDDERS of intent to award on the Town of Davie website. The first check will be in the amount of $500 A bid may be disqualified temporarily or (hereinafter called “the administrative fee”). The permanently and rejected by the Town for any second check will be in the amount of 1% of the lawful reason, including but not limited to the bid amount (hereinafter called “the protest following reasons: bond”). A. Poor performance or default, in the 2. If the Procurement Manager receives a bid Town's opinion, on previous protest letter along with the administrative fee contracts with the Town. and the protest bond fee as described above, the bid award process will be suspended and the B. Poor performance or default, in the protest will be referred to the Bid Protest Town's opinion, on previous Committee. However, if the project is needed to contracts with other public entities. protect the health, safety, and/or welfare of the residents of the Town of Davie, the award of the C. Insufficient financial or company size, project will proceed without interruption. The Bid in the Town's opinion, to perform the Protest Committee shall consist of three (3) Town requirements of the contract. of Davie staff member to be selected by the Town Administrator. The Procurement Manager and 1.22 SUBCONTRACTING the employee that wrote the recommendation for award may not sit as a member of the Bid Protest Unless otherwise specified in this Bid Solicitation, Committee. However, the Procurement Manager the successful Bidder shall not subcontract any and the staff member that wrote the portion of the work without the prior written recommendation for award shall be present at consent of the Town. The ability to subcontract the hearing of the Bid Protest Committee to may be further limited by the Special Conditions. answer any questions pertaining to the bid Subcontracting without the prior consent of the process or the evaluation process. Town may result in termination of the contract for default. The Vendor shall cause all 3. The Bid Protest Committee shall schedule a subcontractors to accept the terms and hearing within ten (10) working days of receipt of conditions of the Vendor’s agreement with the the protest letter. All parties having an interest in Town. the outcome will be notified of the date and time of the hearing. If the bid protest is denied, the 1.23 ASSIGNMENT vendor will forfeit the protest bond. If the protest is upheld, the protest bond will be returned to the The successful Bidder shall not assign, transfer, vendor. The administrative fee shall be non- hypothecate, or otherwise dispose of this refundable in all cases. contract, including any rights, title or interest therein, or its power to execute such contract to 4. If the Bid Protest Committee denies the protest, any person, company or corporation without the the aggrieved vendor may appeal its case to the prior written consent of the Town and Town’s Davie Town Council. In order to appeal, the approval, which consent Bidder acknowledges is vendor must notify the Town Administrator within at the sole discretion of the Town. three (3) working days of the Bid Protest Committee’s adverse ruling. Upon notification, 1.24 FRAUD AND MISREPRESENTATION the Town Administrator will schedule the appeal
9
RFP# RM-20-81
Any individual, corporation or other entity that days after bid or proposal opening, whichever is attempts to meet its contractual obligations with earlier. the Town through fraud, misrepresentation or material misstatement, may be debarred from Financial statements submitted in response to a doing business with the Town. The Town may request by the Town are confidential, and exempt also elect to terminate or cancel any other from disclosure. Data processing software contracts with such individual, corporation or obtained under a licensing agreement which entity with no penalty to the Town for such prohibits its disclosure is also exempt. termination. Such individual or entity shall be responsible for all direct or indirect costs Bidders are hereby notified and agree that all associated with termination or cancellation of this information submitted as part of, or in support or any other contract with the Town under this of bid submittals will be available for public section, including but not limited to the Town inspection after opening of bids in compliance attorney’s fees and costs. with Chapter 119 of the Florida Statutes. If the Bidder submits trade secrets, as defined under the applicable Florida Statutes, the 1.25 COLLUSION Bidder shall stamp each page in which the trade secret is listed and clearly mark the The bidder, by affixing a signature to this information deemed to be a trade secret. The proposal, agrees to the following: "Bidder Bidder shall also submit a separate document certifies that his/her bid is made without previous listing each page in which a trade secret is understanding, agreement, or connection with listed. Additionally, using the appropriate any person, firm or corporation, making a bid for legal analysis, the separate document must the same items, or the initiating Town clearly state why the information marked as a department, and is in all respects fair, without trade secret is deemed a trade secret outside control, collusion, fraud, or otherwise pursuant to the applicable Florida Statutes illegal action." and Florida case law as to be exempt under Chapter 119 of the Florida Statutes. 1.26 REASON FOR NO BID FORM 1.29 CONTRACTOR COMPLIANCE WITH PUBLIC If choosing not to bid, please complete and return RECORDS LAW the enclosed form indicating reason for "No Bid" at this time. Contractor agrees to comply with public records laws. This includes but is not limited 1.27 PATENTS AND COPYRIGHTS to:
It shall be understood and agreed that by the 1. Keep and maintain public records as submission of a proposal, the bidder, if awarded required by the Florida Statutes. a contract, shall save harmless and fully 2. Upon request from the Town Clerk, indemnify and defend the Town and any of its provide the Town of Davie with a copy of officers or agents from any and all damages that the requested records or allow the may, at any time, be imposed or claimed for records to be inspected or copied within infringement of any patent right, trademark, or a reasonable time at a cost that does not copyright, of any person or persons, association, exceed the cost provided in the or corporation, as the result of the use of such applicable Florida Statutes. articles by the Town, or any of its officers, agents, 3. Ensure that public records that are or employees, and of which articles the contractor exempt or confidential and exempt from is not the patentee, assignee, licensee, or owner, public records disclosure requirements or lawfully entitled to sell same. are not disclosed except as authorized by law for the duration of the contract term 1.28 PUBLIC RECORDS LAW and following completion of the contract if the contractor does not transfer the Pursuant to Florida Statute 119.07, public records records to the public agency. may be inspected and examined by anyone 4. Upon completion of the contract, transfer, desiring to do so, at a reasonable time, under at no cost to the Town all public records reasonable conditions, and under supervision by in possession of the contractor or keep the custodian of the public record. Sealed Bids and maintain public records required by and Proposals become subject to this statute, the Town to perform the service. If the notwithstanding bidders' or proposers' requests contractor transfers all public records to to the contrary, at the time the Town provides the Town, upon completion of the notice of a decision or intended decision, or 30 contract, the contractor shall destroy any duplicate public records that are exempt
10
RFP# RM-20-81
or confidential and exempt from public Should these "General Conditions" be used in the records disclosure requirements. If the specifications for a Request for Proposal, every contractor keeps and maintains public reference to a bid shall be and mean the same as records upon completion of the contract, proposal. the contractor shall meet all applicable requirements for retaining public records. 1.32 EXCEPTIONS TO PROPOSAL All records stored electronically must be provided to the Town, upon request from The bidder must clearly indicate any exceptions the Town Clerk, or his/her designee, in a it wishes to take to any of the terms in this format that is compatible with the Proposal, and outline what, if any, alternative is information technology systems of the being offered. All exceptions and alternatives Town. shall be included and clearly delineated, in writing, in the Proposal. The Town, at its sole and absolute discretion, may accept or reject any or If the Contractor has all exceptions and alternatives. In cases in which questions regarding the exceptions and alternatives are rejected, the Town shall require the Bidder to comply with the application of Chapter 119, particular term and/or condition of the solicitation Florida Statutes, to the to which the Bidder took exception (as said term and/or condition was originally set forth on the Contractor’s duty to solicitation.) provide public records 1.33 INDEMNIFICATION AND HOLD HARMLESS relating to this contract, AGREEMENT contact the custodian of The contractor shall indemnify, defend and hold public records at 954-797- harmless the Town of Davie, its officers, 1000, Evelyn_Roig@Davie- employees, volunteers, agents, boards, elected and appointed officials, instrumentalities and the FL.gov, 6591 Orange Drive, Davie Community Redevelopment Agency from and against any and all liability, losses or Davie, FL 33314. damages, including but not limited to attorney’s
fees and costs, incurred as a result of claims, 1.30 BIDDER/CONTRACTOR RESPONSIBILITY demands, suits, causes of actions or proceedings of any kind or nature arising out of, Florida Statute § 215.4725: Contractor must relating to or resulting from the performance of certify that the company is not participating in a the agreement by the contractor or its boycott of Israel. Contractor must also certify that employees, agents, servants, partners, Contractor is not on the Scrutinized Companies principals or subcontractors. The awarded that Boycott Israel list, not on the Scrutinized bidder shall pay all claims and losses in Companies with Activities in Sudan List, and not connection with this agreement, and shall on the Scrutinized Companies with Activities in investigate and defend all claims, suits, or the Iran Petroleum Energy Sector List, or been actions of any kind or nature in the name of the engaged in business operations in Cuba or Syria. Town or the Community Redevelopment Contractor must submit the certification that is Agency, where applicable, including appellate attached to this agreement. Submitting a false proceedings, and shall pay all costs, judgments, certification shall be deemed a material breach of and attorney’s fees which may be incurred contract. The Town shall provide notice, in writing, thereon. The contractor expressly understands to the Contractor of the Town’s determination and agrees that any insurance protection concerning the false certification. The Contractor required by this contract or otherwise provided shall have ninety (90) days following receipt of by the contractor shall in no way limit the the notice to respond in writing and demonstrate responsibility to indemnify, defend, keep and that the determination of false certification was save harmless and defend the Town, the made in error. If the Contractor does not Community Redevelopment Agency, or its demonstrate that the Town’s determination of officers, employees, agents, and false certification was made in error then the instrumentalities as herein provided. The above Town shall have the right to terminate the contract indemnification provisions shall survive the and seek civil remedies pursuant to Florida expiration or termination of this contract. Statute § 215.4725. Notwithstanding anything set forth in the Contract to the contrary, nothing in this Contract 1.31 REQUEST FOR PROPOSAL shall be deemed as a waiver of immunity or limits of liability of the Town beyond any
11
RFP# RM-20-81
statutory limited waiver of immunity or limits of items shall be the responsibility of the successful liability which may have been or may be adopted bidder until acceptance by the Town unless loss by the Florida Legislature and the cap on the or damage results from negligence by the Town. amount and liability of the Town for damages, If the materials or services supplied to the Town regardless of the number or nature of claims in are found to be defective or to not conform to tort, equity, or Contract, shall not exceed the specifications, the Town reserves the right to dollar amount set by the legislature for tort. cancel the order upon written notice to the Nothing in this Contract shall inure to the benefit contractor and return product at bidder’s of any third party for the purpose of allowing any expense. claim against the Town, which claim would otherwise be barred under the doctrine of 1.39 WARRANTY sovereign immunity or by operation of law. Unless otherwise specified, all items proposed by 1.34 COPELAND "ANTI-KICKBACK" the bidder shall include a warranty covering services, parts and/or labor for a specified period Contractor and all subcontractors will comply with of time. The bidder shall submit information on the Copeland Anti-Kickback Act (18 U.S.C. 874) both manufacturer and dealer warranties, as supplemented in Department of Labor including proposed term of warranty coverage, regulations (29 CFR Part 3). where applicable, with the bid proposal. All goods furnished shall be fully guaranteed by the successful Bidder against factory defects and 1.35 CONFLICT OF LAW workmanship. At no expense to the Town, the successful Bidder shall correct any and all If and when this contract is disputed, and should apparent and latent defects that may occur within it be necessary to litigate, the substantive and the manufacturer’s standard warranty. The procedural laws of the State of Florida shall Special Conditions of the Bid solicitation may govern the outcome of such litigation. This shall supersede the manufacturer’s standard warranty. apply notwithstanding such factors which include, but are not limited to, place where contract is 1.40 CLAIMS entered into, place where accident arises and not withstanding application of conflicts of law Successful bidder(s) will be responsible for principles. making any and all claims against carriers for missing or damaged items.
1.36 INTERPRETATION OF THE APPROXIMATE QUANTITIES 1.41 CONTRACT RENEWAL
The bidder's attention is called to the fact that the Any contract may be renewed within the estimate of quantities to be furnished under the parameters set forth in solicitation document or specifications is approximate only and not negotiated terms. guaranteed. The Town does not assume any responsibility that the final quantities shall remain 1.42 MODIFICATION OF CONTRACT in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or The contract may be modified by mutual consent, deception because of such estimate of quantities. in writing through the issuance of a modification to the contract, purchase order, change order or award sheet, as appropriate. 1.37 QUANTITIES
The Town specifically reserves the right to accept 1.43 SAFETY DATA SHEET (SDS) all or any part of the bid, to split the award, to increase or decrease the quantity to meet Under the terms of the Florida Right-to-Know additional or reduced requirements of the Town, Law (Chapter 442, Florida Statutes), all suppliers without such change affecting the contract unit of products deemed to be toxic in substance, as price set forth in the proposal form by the bidder. indicated in the State of Florida Substance List, are required to submit a Safety Data Sheet (SDS) for each substance as a condition of the award of 1.38 DELIVERY, INSPECTION & TITLE the bid by the Town. Prices quoted and deliveries are to be FOB Destination and unloaded, unless otherwise 1.44 CONDITION OF MATERIALS AND specified in the Invitation for Bids, and made PACKAGING during regular business hours. Inspection and acceptance will be destination unless otherwise All equipment, materials, supplies, and provided. Title to/or risk of loss or damage to all components supplied under this bid must be new
12
RFP# RM-20-81
and unused, free from defects, and shall be the attached form and a copy of the program with latest manufacturer’s models unless otherwise their bid. specified. No others will be accepted under the terms and intent of this bid. All containers shall 1.49 SOLICITATION, GIVING, AND be new and suitable for storage or shipment, and ACCEPTANCE OF GIFTS POLICY bid price shall include standard commercial packaging. Any exceptions to this provision shall Bidders shall sign and submit this attached form be detailed on the proposal page under indicating understanding and compliance with the exceptions to specifications. Town's and State's policies prohibiting solicitation and acceptance of gifts by public officers, 1.45 SAMPLES employees, or candidates.
Samples, when required, must be submitted Failure to submit this signed form will result in within the time specified at no expense to the your bid being declared non-responsive; Town. If not destroyed or used up during testing, provided, however, that the low bidder may be samples will be returned upon request at the given the opportunity to submit the form to the bidder's expense. Each individual sample must Town within five calendar days after notification be labeled with bidder's name and by the Town, if this is determined to be (5) in the manufacturer's brand name and number. best interest of the Town.
1.46 PUBLIC ENTITY CRIMES 1.50 PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES A person or affiliate who has been placed on the convicted vendor list following a conviction for a It is hereby made part of this solicitation that the public entity crime may not submit a bid on a submission of any bid response to this contract to provide any goods or services to a advertised request constitutes a bid made under public entity, may not submit a bid on a contract the same terms and conditions, for the same with a public entity for the construction or repair price, to other government agencies if of a public building or public work, may not submit agreeable by the bidder and the government bids on leases of real property to a public entity, agency. may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant At the option of the vendor/contractor, the use of under a contract with any public entity, and may the contract resulting from this solicitation may not transact business with any public entity in be extended to other governmental agencies, excess of the threshold amount provided in including the State of Florida, its agencies, Florida Statutes, Section 287.017, for political subdivisions, counties, and cities. CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor Each governmental agency allowed by the list. vendor/contractor to use this contract shall do so independently of any other governmental 1.47 DISCRIMINATION entity. Each agency shall be responsible for its own purchases and shall be liable only for Any entity or affiliate who has been placed on goods or services ordered, received, and the discriminatory vendor list may not submit a accepted. No agency receives any liability by bid on a contract to provide goods or services to virtue of this bid and subsequent contract a public entity, may not submit a bid on a award. contract with a public entity for construction or repair of a public building or public work, may 1.51 ACCESS TO RECORDS not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or The Town reserves the right to require the consultant under contract with any public entity, Contractor to submit to an audit. The Contractor and may not transact business with any public shall provide access to all of its records which entity. relate directly or indirectly to the Agreement at its place of business during regular business
hours. The Contractor shall retain all records DRUG-FREE WORKPLACE PROGRAM 1.48 pertaining to the Agreement, as specified in
Florida Statute Chapter 119 and section 1.30 of Bidders are required to maintain and enforce a this agreement, and upon request make them Drug-Free Workplace Program for the duration available to the Town following expiration of the of the agreement and any extensions thereof. Agreement. The Contractor agrees to provide Bidders shall complete and submit a copy of the such assistance as may be necessary to
13
RFP# RM-20-81
facilitate the review or audit by the Town to B. The Town of Davie’s RFQ and any ensure compliance with applicable accounting associated addenda and attachments and financial standards at no cost to the Town. thereof, and
1.52 TOWN WEBSITE C. The Contractor's Proposal.
Bids, addenda, Intents to Award, and other 1.56 NATURE OF THE AGREEMENT information is available on the Purchasing Division’s “Purchasing” page, which can be The Agreement incorporates and includes all found at: https://www.davie-fl.gov/purchasing. negotiations, correspondence, conversations, agreements, and understandings applicable to 1.53 DISCLAIMER the matters contained in the Agreement. The parties agree that there are no commitments, The Town of Davie may, in its sole and absolute agreements, or understandings concerning the discretion, accept or reject, in whole or in part, subject matter of the Agreement that are not for any reason whatsoever any or all Bids; re- contained in the Agreement, and that the advertise this Bid; postpone or cancel at any Agreement contains the entire agreement time this Bid process; or, waive any formalities between the parties as to all matters contained of or irregularities in the bidding process. Bids herein. Accordingly, it is agreed that no that are not submitted on time and/or do not deviation from the terms hereof shall be conform to the Town of Davie’s requirements predicated upon any prior representations or will not be considered. After all bids are agreements, whether oral or written. It is further analyzed, organization(s) submitting bids that agreed that any oral representations or appear, solely in the opinion of the Town of modifications concerning the Agreement shall Davie, to be the most competitive, shall be be of no force or effect, and that the Agreement submitted to the Town of Davie’s Town Council, may be modified, altered or amended only by a and the final selection will be made shortly written amendment duly executed by both thereafter with a timetable set solely by the parties hereto or their authorized Town of Davie. The selection by the Town of representatives. Davie shall be based on the bid, which is, in the sole opinion of the Town Council of the Town of The Contractor shall provide the services set Davie, in the best interest of the Town of Davie. forth in the Scope of Services, and render full The issuance of this bid constitutes only an and prompt cooperation with the Town in all invitation to make presentations to the Town of aspects of the Services performed hereunder. Davie. The Town of Davie reserves the right to determine, at its sole discretion, the lowest The Contractor acknowledges that the responsive and responsible bidder. In all cases Agreement requires the performance of all the Town of Davie shall have no liability to any things necessary for or incidental to the effective contractor for any costs or expense incurred in and complete performance of all Work and connection with this bid or otherwise. Services under this Contract. All things not expressly mentioned in the Agreement but 1.54 CONFIDENTIALITY necessary to carrying out its intent are required by the Agreement, and the Contractor shall As a political subdivision, the Town of Davie is perform the same as though they were subject to the Florida Sunshine Act and Public specifically mentioned, described and Records Law. By submitting a Bid, Contractor delineated. acknowledges that the materials submitted with the Bid and the results of the Town of Davie’s The Contractor shall furnish all labor, materials, evaluation are open to public inspection and tools, supplies, and other items required to subject to disclosure upon proper request. perform the Work and Services that are Contractor should take special note of this as it necessary for the completion of this Contract. relates to proprietary information that might be All Work and Services shall be accomplished at included in its Bid. the direction of and to the satisfaction of the Town's Project Manager. 1.55 ORDER OF PRECEDENCE The Contractor acknowledges that the Town If there is a conflict between or among the shall be responsible for making all policy provisions of the Agreement, the order of decisions regarding the Scope of Services. The precedence is as follows: Contractor agrees to provide input on policy issues in the form of recommendations. A. The terms and conditions of the agreement
14
RFP# RM-20-81
The Contractor agrees to implement any and all 1.60 MANNER OF PERFORMANCE changes in providing Services hereunder as a result of a policy change implemented by the A. The Contractor shall provide the Services Town. The Contractor agrees to act in an described herein in a competent and expeditious and fiscally sound manner in professional manner satisfactory to the providing the Town with input regarding the time Town in accordance with the terms and and cost to implement said changes and in conditions of the Agreement. The Town executing the activities required to implement shall be entitled to a satisfactory said changes. performance of all Services described herein and to full and prompt cooperation 1.57 PAYMENT FOR SERVICES/AMOUNT by the Contractor in all aspects of the OBLIGATED Services. At the request of the Town, the Contractor shall promptly remove from the The Contractor warrants that it has reviewed the project any Contractor’s employee, Town's requirements and has asked such subcontractor, or any other person questions and conducted such other inquiries as performing Services hereunder. The the Contractor deemed necessary in order to Contractor agrees that such removal of any determine the price the Contractor will charge to of its employees does not require the provide the Work and Services to be performed termination or demotion of any employee under this Contract. The compensation for all by the Contractor. Work and Services performed under this Contract, including all costs associated with B. The Contractor agrees to defend, hold such Work and Services, shall be in the total harmless and indemnify the Town and shall amount submitted on the Bid Form. The Town be liable and responsible for any and all shall have no obligation to pay the Contractor claims, suits, actions, damages and costs any sum(s) in excess of this amount, except for (including attorney's fees and court costs) a change and/or modification to the Contract made against the Town, occurring on which is approved and executed in writing by the account of, arising from or in connection Town and the Contractor. with the removal and replacement of any Contractor’s personnel performing services All Services undertaken by the Contractor hereunder at the behest of the Town. before Town’s approval of this Contract shall be Removal and replacement of any at the Contractor’s risk and expense. Contractor’s personnel as used in this Article shall not require the termination and 1.58 PRICING or demotion of such Contractor’s personnel. Prices shall remain firm and fixed for the term of the Contract, including any option or extension C. The Contractor agrees that at all times periods; however, the Contractor may offer it will employ, maintain and assign to the incentive discounts to the Town at any time performance of the Services a sufficient during the Contract term, including any renewal number of competent and qualified or extension thereof. professionals and other personnel to meet the requirements to which reference is 1.59 GUARANTEE hereinafter made. The Contractor agrees to adjust its personnel staffing levels or to The Contractor shall be responsible for replace any of its personnel upon technically deficient designs, reports, or studies reasonable request from the Town, should due to its errors and omissions, and shall the Town make a determination, in its sole promptly correct or replace all such deficient discretion, that said personnel staffing is work due to its errors and omissions without inappropriate or that any individual is not cost to Town upon the request of the Town for performing in a manner consistent with the five years after the date of acceptance of the requirements for such a position. project by the Town, which are judged to have been in error by a court of competent D. The Contractor warrants and represents jurisdiction. Contractor shall also be that its personnel have the proper skill, responsible for the cost of correcting deficient training, background, knowledge, construction which was built from technically experience, rights, authorizations, integrity, deficient designs, where applicable. Payment in character and licenses as necessary to full by the Town for work performed does not perform the Services described herein, in a constitute a waiver of this guarantee. competent and professional manner.
E. The Contractor shall at all times cooperate
15
RFP# RM-20-81
with the Town and coordinate its respective determination or order. Where orders are work efforts to most effectively and given orally, they will be issued in writing by efficiently maintain the progress in the Project Manager as soon thereafter as performing the Services. is practicable.
F. The Contractor shall comply with all C. The Contractor must, in the final instance, provisions of all federal, state and local seek to resolve every difference concerning laws, statutes, ordinances, and regulations the Agreement with the Project Manager. that are applicable to the performance of In the event that the Contractor and the the Agreement. Project Manager are unable to resolve their difference, the Contractor may initiate a 1.61 INDEPENDENT CONTRACTOR dispute in accordance with the procedures RELATIONSHIP set forth in the section below. Exhaustion of these procedures shall be a condition The Contractor is, and shall be, in the precedent to any lawsuit permitted performance of all work services and activities hereunder. under the Agreement, an independent contractor, and not an employee, agent or D. In the event of such dispute, the parties to servant of the Town. All persons engaged in the Agreement authorize the Town any of the work or services performed pursuant Administrator or designee, who may not be to the Agreement shall at all times, and in all the Project Manager or anyone associated places, be subject to the Contractor's sole with this Project, acting personally, to direction, supervision and control. The decide all questions arising out of, under, or Contractor shall exercise control over the in connection with, or in any way related to means and manner in which it and its or on account of the Agreement (including employees perform the work, and in all respects but not limited to claims in the nature of the Contractor's relationship and the breach of contract, fraud or relationship of its employees to the Town shall misrepresentation arising either before or be that of an independent contractor and not as subsequent to execution hereof) and the employees and agents of the Town. decision of each with respect to matters within the Town Administrator's purview as The Contractor does not have the power or set forth above shall be conclusive, final authority to bind the Town in any promise, and binding on parties. Any such dispute agreement or representation other than shall be brought, if at all, before the Town specifically provided for in the Agreement. Administrator within 10 days of the occurrence, event or act out of which the 1.62 AUTHORITY OF THE TOWN’S PROJECT dispute arises. MANAGER The Town Administrator may base this
decision on such assistance as may be A. The Contractor hereby acknowledges that desirable, including advice of experts, but the Town’s Project Manager will determine in any event shall base the decision on an in the first instance all questions of any independent and objective determination of nature whatsoever arising out of, under, or whether Contractor’s performance or any in connection with, or in any way related to Deliverable meets the requirements of the or on account of, the Agreement including Agreement and any specifications with but not limited to: questions as to the value, respect thereto set forth herein. The effect acceptability and fitness of the Services; of any decision shall not be impaired or questions as to either party's fulfillment of waived by any negotiations or settlements its obligations under the Contract; or offers made in connection with the negligence, fraud or misrepresentation dispute, whether or not the Town before or subsequent to acceptance of the Administrator participated therein, or by any Proposal; questions as to the interpretation prior decision of others, which prior of the Scope of Services; and claims for decision shall be deemed subject to review, damages, compensation and losses. or by any termination or cancellation of the
Agreement. All such disputes shall be B. The Contractor shall be bound by all submitted in writing by the Contractor to the determinations or orders and shall promptly Town Administrator for a decision, together comply with and follow every order of the with all evidence and other pertinent Project Manager, including the withdrawal information in regard to such questions, in or modification of any previous order and order that a fair and impartial decision may regardless of whether the Contractor be made. The parties agree that whenever agrees with the Project Manager's
16
RFP# RM-20-81
the Town Administrator is entitled to 1.65 AUDITS exercise discretion or judgment or to make a determination or form an opinion pursuant The Town, or its duly authorized representatives to the provisions of this Article, such action or governmental agencies shall, until the shall be deemed fair and impartial when expiration of three (3) years after the expiration exercised or taken. The Town Administrator of the Agreement and any extension thereof, shall render a decision in writing and deliver have access to and the right to examine and a copy of the same to the Contractor. reproduce any of the Contractor's books, Except as such remedies may be limited or documents, papers and records and those of its waived elsewhere in the Agreement, subcontractors and suppliers which apply to all Contractor and the Town reserve the right matters of the Town as needed. Such records to pursue any remedies available under law shall conform to Generally Accepted Accounting after exhausting the provisions of this Principles requirements, as applicable, and Article. shall only address those transactions related to the Agreement. 1.63 MUTUAL OBLIGATIONS The Contractor agrees to grant access to the A. The Agreement, including attachments and Town’s Auditor to all financial and performance- appendices to the Agreement, shall related records, property, and equipment constitute the entire Agreement between purchased in whole or in part with government the parties with respect hereto and funds. The Contractor agrees to maintain an supersedes all previous communications accounting system that provides accounting and representations or agreements, records that are supported with adequate whether written or oral, with respect to the documentation, and adequate procedures for subject matter hereto unless acknowledged determining the allowability and allocability of in writing by the duly authorized costs. representatives of both parties. 1.66 SUBSTITUTION OF PERSONNEL B. Nothing in the Agreement shall be construed for the benefit, intended or In the event the Contractor wishes to substitute otherwise, of any third party. personnel for the key personnel identified by the Contractor’s Proposal, the Contractor must notify the Town in writing and request written C. In those situations where the Agreement approval for the substitution at least ten (10) imposes an indemnity or defense obligation business days prior to effecting such on the Contractor, the Town may, at its substitution. expense, elect to participate in the defense if the Town should so choose. SUBCONTRACTUAL RELATIONS Furthermore, the Town may at its own 1.67 expense defend or settle any such claims if the Contractor fails to diligently defend such A. If the Contractor will cause any part of the claims, and thereafter Contractor agrees to Agreement to be performed by a pay the Town’s costs, attorney’s fees subcontractor, the provisions of this and/or any resulting judgment or settlement Contract will apply to such subcontractor from the Contractor. and its officers, agents and employees in all respects as if it and they were employees of the Contractor; and the 1.64 QUALITY ASSURANCE/QUALITY Contractor will not be in any manner ASSURANCE RECORD KEEPING thereby discharged from its obligations
and liabilities hereunder, but will be liable The Contractor shall maintain, and shall require hereunder for all acts and negligence of that its subcontractors and suppliers maintain, the subcontractor, its officers, agents, and complete and accurate records to substantiate employees, as if they were employees of compliance with the requirements set forth in the Contractor. The services performed the Scope of Services. The Contractor and its by the subcontractor will be subject to the subcontractors and suppliers shall retain such provisions hereof as if performed directly records, and all other documents relevant to the by the Contractor. Services furnished under the Agreement for a period of three (3) years from the expiration date B. The Contractor, before making any of the Agreement and any extension thereof. subcontract for any portion of the services, will state in writing to the Town the name of the proposed subcontractor, the portion
17
RFP# RM-20-81
of the Services which the subcontractor is 1.68 ASSUMPTION, PARAMETERS, to do, the place of business of such PROJECTIONS, ESTIMATES AND subcontractor, and such other information EXPLANATIONS as the Town may require. The Town will have the right to require the Contractor not The Contractor understands and agrees that to award any subcontract to a person, firm any assumptions, parameters, projections, or corporation disapproved by the Town. estimates and explanations presented by the Town were provided to the Contractor for C. Before entering into any subcontract evaluation purposes only. However, since these hereunder, the Contractor will inform the assumptions, parameters, projections, subcontractor fully and completely of all estimates and explanations represent provisions and requirements of the predictions of future events, the Town makes no Agreement relating either directly or representations or guarantees, the Town shall indirectly to the Services to be performed. not be responsible for the accuracy of the Such Services performed by such assumptions presented, the Town shall not be subcontractor will strictly comply with the responsible for conclusions to be drawn there requirements of this Contract. from, and any assumptions, parameters, projections, estimates and explanations shall D. In order to qualify as a subcontractor not form the basis of any claim by the satisfactory to the Town, in addition to the Contractor. The Contractor accepts all risks other requirements herein provided, the associated with using this information. subcontractor must be prepared to prove to the satisfaction of the Town that it has SEVERABILITY the necessary facilities, skill and 1.69 experience, and ample financial resources to perform the Services in a satisfactory If the Agreement contains any provision found manner. To be considered skilled and to be unlawful, the same shall be deemed to be experienced, the subcontractor must of no effect and shall be deemed stricken from show to the satisfaction of the Town that it the Agreement without affecting the binding has satisfactorily performed services of force of the Agreement as it shall remain after the same general type which is required to omitting such provision. be performed under the Agreement. 1.70 TERMINATION FOR CONVENIENCE AND E. The Town shall have the right to withdraw SUSPENSION OF WORK its consent to a subcontract if it appears to the Town that the subcontract will delay, A. The Town and/or the CRA, may terminate prevent, or otherwise impair the the Agreement and pursue all remedies performance of the Contractor's available at law if an individual or obligations under the Agreement. All corporation or other entity attempts to subcontractors are required to protect the meet its contractual obligation with the confidentiality of the Town and Town's Town and/or the CRA through fraud, proprietary and confidential information. misrepresentation or material Contractor shall furnish to the Town misstatement. copies of all subcontracts between Contractor and subcontractors and B. The Town and/or the CRA, may, as a suppliers hereunder. Within each such further sanction, terminate or cancel any subcontract, there shall be a clause for the other contract(s) that such individual or benefit of the Town permitting the Town to corporation or other entity has with the request completion of performance by the Town and/or the CRA. Such individual, subcontractor of its obligations under the corporation or other entity shall be subcontract, in the event the Town finds responsible for all direct and indirect costs the Contractor in breach of its obligations, associated with such termination or and the option to pay the subcontractor cancellation, including but not limited to directly for the performance by such attorney’s fees and costs. subcontractor. Notwithstanding, the foregoing shall neither convey nor imply C. Contractor acknowledges and agrees that any obligation or liability on the part of the ten dollars ($10.00) of the compensation to Town to any subcontractor hereunder as be paid by the Town and/or the CRA, the more fully described herein. receipt and adequacy of which is hereby acknowledged by Contractor, is given specific consideration to Contractor for the Town’s and the CRA's right to terminate this
18
RFP# RM-20-81
Agreement for convenience. and which have been specifically developed for the sole purpose of D. The Town, through its Town Administrator, the Agreement and not and/or the CRA through its Executive incorporated in the Services; Director, and for its convenience and without cause, may terminate the Contract 5. Take no action which will increase at any time during the term by giving written the amounts payable by the Town notice to consultant/contractor of such under the Agreement. termination; which shall become effective within fifteen (15) days following receipt by G. In the event that the Town and/or the CRA the Contractor of such notice. If the exercises its right to terminate the Contract is terminated for convenience by Agreement pursuant to this Article the the Town and/or the CRA, the Contractor Contractor will be compensated as shall be paid for any services satisfactorily stated in the payment Articles, herein, performed up to the date of termination; for the: following which the Town and/or the CRA shall be discharged from any and all 1. Portion of the Services completed liabilities, duties, and terms arising out, or in accordance with the by virtue of, this Contract. Agreement up to the Effective Termination Date; and E. The foregoing notwithstanding, any individual, corporation or other entity which 2. Non-cancelable Deliverables that attempts to meet its contractual obligations are not capable of use except in with the Town and/or the CRA through the performance of the Agreement fraud, misrepresentation or material and which have been specifically misstatement may be debarred from Town developed for the sole purpose of and CRA contracting in accordance with the Agreement but not the Town debarment procedures. The incorporated in the Services. Contractor may be subject to debarment for failure to perform and all other reasons set forth in Town’s Purchasing Policies and H. All compensation pursuant to this Article Procedures Manual. is subject to audit.
EVENT OF DEFAULT In addition to cancellation or termination as 1.71 otherwise provided in the Agreement, the Town and/or the CRA may at any time, in its sole A. An Event of Default shall mean a discretion, with or without cause, terminate the breach of the Agreement by the Agreement by written notice to the Contractor Contractor. Without limiting the and in such event: generality of the foregoing and in addition to those instances referred to F. The Contractor shall, upon receipt of such herein as a breach, an Event of notice, unless otherwise directed by Default, shall include the following: the Town and/or the CRA: 1. The Contractor has not delivered 1. Stop work on the date specified in Deliverables on a timely basis; the notice ("the Effective Termination Date"); 2. The Contractor has refused or failed, except in any case for 2. Take such action as may be which an extension of time is necessary for the protection and provided, to supply enough preservation of the Town's and/or properly skilled staff personnel; the CRA's materials and property; 3. The Contractor has failed to make 3. Cancel orders; prompt payment to subcontractors or suppliers for any Services; 4. Assign to the Town and/or the CRA and deliver to any location 4. The Contractor has become designated by the Town and/or insolvent (other than as the CRA any non-cancelable interdicted by the bankruptcy orders for Deliverables that are laws), or has assigned the not capable of use except in the proceeds received for the benefit performance of the Agreement of the Contractor's creditors, or
19
RFP# RM-20-81
the Contractor has taken 1.72 REMEDIES IN THE EVENT OF DEFAULT advantage of any insolvency statute or debtor/creditor law or if If an Event of Default occurs, the Contractor the Contractor's affairs have been shall be liable for all damages resulting from the put in the hands of a receiver; default, including but not limited to:
5. The Contractor has failed to obtain A. Lost revenues; the approval of the Town where required by the Agreement; B. The difference between the cost associated with procuring Services hereunder and the 6. The Contractor has failed to amount actually expended by the Town for provide "adequate assurances" as procurement of Services, including required under subsection "B" procurement and administrative costs; and, below; and C. Such other direct damages. 7. The Contractor has failed in the representation of any warranties The Contractor shall also remain liable for any stated herein. liabilities and claims related to the Contractor’s default. The Town may also bring any suit or B. When, in the opinion of the Town or the proceeding for specific performance or for an CRA, reasonable grounds for injunction. uncertainty exist with respect to the Contractor's ability to perform the 1.73 PATENT AND COPYRIGHT Services or any portion thereof, the INDEMNIFICATION Town or the CRA may request that the Contractor, within the time frame set A. The Contractor warrants that all forth in the Town's or the CRA's Deliverables furnished hereunder, request, provide adequate assurances including but not limited to: services, to the Town or the CRA, in writing, of equipment programs, documentation, the Contractor's ability to perform in software, analyses, applications, methods, accordance with terms of the ways, processes, and the like, do not Agreement. Until the Town or the CRA infringe upon or violate any patent, receives such assurances the Town or copyrights, service marks, trade secret, or the CRA may request an adjustment to any other third party proprietary rights. the compensation received by the Contractor for portions of the Services B. The Contractor shall be liable and which the Contractor has not responsible for any and all claims made performed. In the event that the against the Town or the CRA for Contractor fails to provide to the Town infringement of patents, copyrights, service or the CRA the requested assurances marks, trade secrets or any other third party within the prescribed time frame, the proprietary rights, by the use or supplying Town may: of any programs, documentation, software, analyses, applications, methods, ways, 1. Treat such failure as a repudiation processes, and the like, in the course of of the Agreement; performance or completion of, or in any way connected with, the Work, or the Town's or 2. Resort to any remedy for breach the CRA's continued use of the provided herein or at law, Deliverables furnished hereunder. including but not limited to, taking Accordingly, the Contractor at its own over the performance of the expense, including the payment of Services or any part thereof either attorney's fees, shall indemnify, defend, by itself or through others. and hold harmless the Town and the CRA and defend any action brought against the C. In the event the Town and/or the CRA Town with respect to any claim, demand, shall terminate the Agreement for and cause of action, debt, or liability. default, the Town, the CRA, or their designated representatives may C. In the event any Deliverable or anything immediately take possession of all provided to the Town or the CRA applicable equipment, materials, hereunder, or a portion thereof is held to products, documentation, reports and constitute an infringement and its use is or data. may be enjoined, the Contractor shall have the obligation, at the Town's or CRA's
20
RFP# RM-20-81
option, to (i) modify, or require that the Software”). The Contractor acknowledges and applicable subcontractor or supplier agrees that all third-party license agreements modify, the alleged infringing item(s) at the must also be honored by the contractors and Contractor’s expense, without impairing in their employees, except as authorized by the any respect the functionality or Town or the CRA and, if the Computer Software performance of the item(s), or (ii) procure has been leased or purchased by the Town or for the Town or the CRA, at the Contractor's the CRA, all third party license agreements must expense, the rights provided under the also be honored by the contractors’ employees Agreement to use the item(s). with the approval of the lessor or Contractors thereof. This includes mainframe, minis, D. The Contractor shall be solely responsible telecommunications, personal computers and for determining and informing the Town any and all information technology software. and/or the CRA whether a prospective supplier or subcontractor is a party to any The Contractor will report to the Town any litigation involving patent or copyright information discovered or which is disclosed to infringement, service mark, trademark, the Contractor which may relate to the improper violation, or proprietary rights claims or is use, publication, disclosure or removal from the subject to any injunction which may prohibit Town's property of any information technology it from providing any Deliverable software and hardware and will take such steps hereunder. The Contractor shall enter into as are within the Contractor's authority to agreements with all suppliers and prevent improper use, disclosure or removal. subcontractors at the Contractor's own risk. The Town or the CRA may reject any 1.75 PROPRIETARY RIGHTS Deliverable that it believes to be the subject of any such litigation or injunction, or if, in A. The Contractor hereby acknowledges and the Town's judgment, use thereof would agrees that the Town and the CRA retains delay the Work or be unlawful. all rights, title and interests in and to all materials, data, documentation and copies E. The Contractor shall not infringe any thereof furnished by the Town and the CRA copyright, trademark, service mark, trade to the Contractor hereunder or furnished by secrets, patent rights, or other intellectual the Contractor to the Town and/or created property rights in the performance of the by the Contractor for delivery to the Town, Work. even if unfinished or in process, as a result of the Services the Contractor performs in connection with the Agreement, including 1.74 PROPRIETARY INFORMATION all copyright and other proprietary rights therein, which the Contractor as well as its As a political subdivision of the State of Florida, employees, agents, subcontractors and the Town of Davie is subject to the provisions of suppliers may use only in connection with Florida's Public Records Law. the performance of Services under the Agreement. The Contractor shall not, The Contractor acknowledges that all computer without the prior written consent of the software in the Town's possession or the CRA's Town, use such documentation on any possession may constitute or contain other project in which the Contractor or its information or materials which the Town or the employees, agents, subcontractors or CRA has agreed to protect as proprietary suppliers are or may become engaged. information from disclosure or unauthorized use Submission or distribution by the and may also constitute or contain information Contractor to meet official regulatory or materials which the Town or the CRA has requirements or for other purposes in developed at its own expense, the disclosure of connection with the performance of which could harm the Town's proprietary Services under the Agreement shall not be interest therein. construed as publication in derogation of the Town's copyrights or other proprietary During the term of the contract, the Contractor rights. will not use directly or indirectly for itself or for others, or publish or disclose to any third party, B. All rights, title and interest in and to certain or remove from the Town's property, or the inventions, ideas, designs and methods, CRA's property, any computer programs, data specifications and other documentation compilations, or other software which the Town related thereto developed by the Contractor has developed, has used or is using, is holding and its subcontractors specifically for the for use, or which are otherwise in the Town, hereinafter referred to as possession of the Town (hereinafter “Computer
21
RFP# RM-20-81
"Developed Works" are works for hire and 1.76 ETHICS are the property of the Town. In accordance with Section 2-327 of the Town’s C. Accordingly, neither the Contractor nor its Code requires that the town shall not purchase employees, agents, subcontractors or any goods or services from any person who is suppliers shall have any proprietary interest actively employed by the Town of Davie or from in such Developed Works. The Developed any business or entity of which the employee or Works may not be utilized, reproduced or the employee's spouse or child is an agent, distributed by or on behalf of the officer, partner, director or proprietor or in which Contractor, or any employee, agent, they have a material interest or discretionary subcontractor or supplier thereof, without authority. Any such individual or business shall the prior written consent of the Town, be disqualified from participating in any bidding except as required for the Contractor's activity for purchases by the town unless performance hereunder. specifically authorized by action of the town council. Furthermore all bidders are subject to Except as otherwise provided in follow the SECTION 1-19 OF THE BROWARD subsections a, b, and c above, or COUNTY CODE. elsewhere herein, the Contractor and its subcontractors and suppliers hereunder 1.77 LOCAL, STATE, AND FEDERAL shall retain all proprietary rights in and to all COMPLIANCE REQUIREMENTS licensed software provided hereunder, that have not been customized to satisfy the Contractor agrees to comply, subject to performance criteria set forth in the Scope applicable professional standards, with the of Services. Notwithstanding the foregoing, provisions of any and all applicable Federal, the Contractor hereby grants, and shall State, County and Town orders, statutes, require that its subcontractors and ordinances, rules and regulations which may suppliers grant, if the Town or the CRA so pertain to the Services required under the desire, a perpetual, irrevocable and Agreement, including but not limited to: unrestricted right and license to use,
duplicate, disclose and/or permit any other A. Equal Employment Opportunity (EEO), in person(s) or entity(ies) to use all such compliance with Executive Order 11246 as licensed software and the associated amended and applicable to this Contract. specifications, technical data and other
documentation for the operations of the B. Occupational Safety and Health Act (OSHA) Town, the CRA or entities controlling, as applicable to this contract. controlled by, under common control with,
or affiliated with the Town, or the CRA, or C. Environmental Protection Agency (EPA), organizations which may hereafter be as applicable to this Contract. formed by or become affiliated with the
Town or the CRA. Such license specifically D. All contractors and subcontractors includes, but is not limited to, the right of the performing work in connection with this Town or the CRA to use and/or disclose, in Contract shall provide equal opportunity for whole or in part, the technical employment because of race, religion, documentation and licensed software, color, age, sex, national origin, sexual including any source code provided preference, gender identity, disability or hereunder, to any person or entity outside marital status. The aforesaid provision the Town for such person's or entity's use shall include, but not be limited to, the in furnishing any and/or all of the following: employment, upgrading, Deliverables provided hereunder demotion or transfer, recruitment exclusively for the Town, the CRA, or advertising; layoff or termination; rates of entities controlling, controlled by, under pay or other forms of compensation; and common control with, or affiliated with the selection for training, including Town, the CRA, or organizations which apprenticeship. The Contractor agrees to may hereafter be formed by or become post in a conspicuous place available for affiliated with the Town or the CRA. No employees and applicants for employment, such licensed software, specifications, such notices as may be required by the data, documentation or related information Dade County Fair Housing and shall be deemed to have been given in Employment Commission, or other confidence and any statement or legend to authority having jurisdiction over the Work the contrary shall be void and of no effect. setting forth the provisions of the
nondiscrimination law.
22
RFP# RM-20-81
E. "Conflicts of Interest" Section 1-19 of the this Contract void. This Contract shall be void if County Code, and Ordinance 2011-19. the Contractor submits a false affidavit or the Contractor violates the Act during the term of F. Florida Building Code (FBC). this Contract, even if the Contractor was not in violation at the time it submitted its affidavit. G. Notwithstanding any other provision of the Agreement, Contractor shall at all times 1.79 CONFLICT OF INTEREST conduct its operations in a safe and sound manner. The Contractor represents that:
H. Florida Statute § 215.4725: Contractor A. No officer, director, employee, agent, or must certify that the company is not other consultant of the Town or a member participating in a boycott of Israel. of the immediate family or household of the Contractor must also certify that Contractor aforesaid has directly or indirectly received is not on the Scrutinized Companies that or been promised any form of benefit, Boycott Israel list, not on the Scrutinized payment or compensation, whether Companies with Activities in Sudan List, tangible or intangible, in connection with the and not on the Scrutinized Companies with grant of the Agreement. Activities in the Iran Petroleum Energy Sector List, or been engaged in business B. There are no undisclosed persons or operations in Cuba or Syria. Contractor entities interested with the Contractor in the must submit the certification that is Agreement. The Agreement is entered into attached to this agreement. Submitting a by the Contractor without any connection false certification shall be deemed a with any other entity or person making a material breach of contract. The Town shall proposal for the same purpose, and without provide notice, in writing, to the Contractor collusion, fraud or conflict of interest. No of the Towns determination concerning the elected or appointed officer or official, false certification. The Contractor shall director, employee, agent or other have ninety (90) days following receipt of consultant of the Town, or of the State of the notice to respond in writing and Florida (including elected and appointed demonstrate that the determination of false members of the legislative and executive certification was made in error. If the branches of government), or member of the Contractor does not demonstrate that the immediate family or household of any of the Towns determination of false certification aforesaid: was made in error then the Town shall have
the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 1. Is interested on behalf of or through the 215.4725. Contractor directly or indirectly in any manner whatsoever in the execution or the performance of the Agreement, or NONDISCRIMINATION 1.78 in the services, supplies or work, to
which the Agreement relates or in any During the performance of this Contract, portion of the revenues; or Contractor agrees to not discriminate against
any employee or applicant for employment 2. Is an employee, agent, advisor, or because of race, religion, color, sex, handicap, consultant to the Contractor or to the marital status, age or national origin, and will best of the Contractor’s knowledge, take affirmative action to ensure that they are any subcontractor or supplier to the afforded equal employment opportunities Contractor. without discrimination. Such action shall be taken with reference to, but not be limited to, recruitment, employment, termination, rates of C. Neither the Contractor nor any officer, pay or other forms of compensation, and director, employee, agent, parent, selection for training or retraining, including subsidiary, or affiliate of the Contractor apprenticeship and on-the-job training. By shall have an interest which is in conflict entering into this Contract with the Town, the with the Contractor’s faithful performance of Contractor attests that it is not in violation of the its obligations under the Agreement; Americans with Disabilities Act of 1990 (and provided that the Town, in its sole related Acts). If the Contractor or any owner, discretion, may consent in writing to such a subsidiary or other firm affiliated with or related relationship, and provided the Contractor to the Contractor is found by the responsible provides the Town with a written notice, in enforcement agency or the Town to be in advance, which identifies all the individuals violation of the Act, such violation shall render and entities involved and sets forth in detail
23
RFP# RM-20-81
the nature of the relationship and why it is property of the Contractor under federal in the Town's best interest to consent to bankruptcy law or any state insolvency law. such relationship. 1.82 GOVERNING LAW D. The provisions of this Article are supplemental to, not in lieu of, all applicable This Contract, including appendices, and all laws with respect to conflict of interest. In matters relating to this Contract (whether in the event there is a difference between the contract, statute, tort (such as negligence), or standards applicable under the Agreement otherwise) shall be governed by, and construed and those provided by statute, the stricter in accordance with, the laws of the State of standard shall apply. Florida.
E. In the event Contractor has no prior 1.83 SURVIVAL knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or The parties acknowledge that any of the apparent violation of any of the above, obligations in the Agreement will survive the Contractor shall promptly bring such term, termination and cancellation hereof. information to the attention of the Town's Accordingly, the respective obligations of the Project Manager. Contractor shall Contractor and the Town under the Agreement, thereafter cooperate with the Town's review which by nature would continue beyond the and investigation of such information, and termination, cancellation or expiration thereof, comply with the instructions Contractor shall survive termination, cancellation or receives from the Project Manager in expiration hereof. regard to remedying the situation. 1.84 CANCELLATION FOR UNAPPROPRIATED 1.80 PRESS RELEASE OR OTHER PUBLIC FUNDS COMMUNICATION The obligation of the Town for payment to a Contractor is limited to the availability of funds Under no circumstances shall the Contractor, its appropriated in a current fiscal period, and employees, agents, subcontractors and continuation of the contract into a subsequent suppliers, without the express written consent of fiscal period is subject to appropriation of funds, the Town: unless otherwise authorized by law.
A. Issue or permit to be issued any press
release, advertisement or literature of any kind which refers to the Town, or the Work 1.85 ASBESTOS STATEMENT being performed hereunder, unless the Contractor first obtains the written approval All material supplied must be 100% asbestos of the Town. Such approval may be free. Bidder, by virtue of bidding, certifies that if withheld if for any reason the Town believes awarded any portion of the project he will supply that the publication of such information only material or equipment that is 100% would be harmful to the public interest or is asbestos free. in any way undesirable; and 1.86 VERBAL INSTRUCTIONS PROCEDURE B. Represent, directly or indirectly, that any product or service provided by the No negotiations, decisions, or actions shall be Contractor or such parties has been initiated or executed by the Contractor as a approved or endorsed by the Town, except result of any discussions with any Town as may be required by law. employee. Only those communications which are in writing from an authorized Town representative may be considered. Only written 1.81 BANKRUPTCY communications from Contractors, which are
assigned by a person designated as authorized The Town reserves the right to terminate this to bind the Contractor, will be recognized by the contract if, during the term of any contract the Town as duly authorized expressions on behalf Contractor has with the Town, the Contractor of Contractors. becomes involved as a debtor in a bankruptcy
proceeding, or becomes involved in a
reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is 1.87 COST ADJUSTMENTS
appointed over all or a substantial portion of the
24
RFP# RM-20-81
The cost for all items as quoted herein shall resulting from the award or making of the remain firm for the term of the contract. Costs Agreement. For the breach or infraction of this for subsequent years and any extension term provision, the Town shall have the right to years shall be subject to an adjustment only if terminate the Agreement without liability at its increases occur in the industry. However, discretion, to deduct from the contract price, or unless very unusual and significant changes otherwise recover the full amount of such fee, have occurred in the industry, such increases commission, percentage, gift or consideration. shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the 1.90 E-VERIFY All Urban Consumers Price Index (CPU-U) (National) as published by the Bureau of Labor Contractor acknowledges that the Town may be Statistics, U.S. Dept. of Labor. The yearly utilizing the Contractor’s services for a project increase or decrease in the CPI shall be that that is funded in whole or in part by State funds latest index published and available ninety (90) pursuant to a contract between the Town and a days prior to the end of the contract year then in State agency. Contractor shall be responsible effect compared to the index for the same month for complying with the E-Verify requirements in one year prior. Any requested cost increase the contract and using the U.S. Department of shall be fully documented and submitted to the Homeland Security’s E-Verify system to verify Town at least ninety (90) days prior to the the employment of all new employees hired by contract anniversary date. Any approved cost Contractor during the Agreement term. The adjustments shall become effective upon the Contractor is also responsible for e-verifying its anniversary date of the contract. In the event the subcontractors, if any, pursuant to any CPI or industry costs decline, the Town shall agreement between the Town and a State have the right to receive from the Contractor Agency, and reporting to the Town any required reduction in costs that reflect such cost changes information. Contractor acknowledges that the in the industry. The Town may, after terms of this paragraph are material terms, the examination, refuse to accept the adjusted costs breach of any of which shall constitute a default if they are not properly documented, increases under the Agreement. are considered to be excessive, or decreases are considered to be insufficient. In the event 1.91 FORCE MAJEURE the Town does not wish to accept the adjusted costs and the matter cannot be resolved to the The Agreement that is awarded to the satisfaction of the Town, the contract can be successful proposer may provide that the cancelled without penalty by the Town upon performance of any act by the Town, the CRA, giving thirty (30) days written notice to the or Contractor hereunder may be delayed or Contractor. suspended at any time while, but only so long as, either party is hindered in or prevented from 1.88 PROHIBITION OF INTEREST performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond No contract will be awarded to a bidding firm the reasonable control of such party, provided who has Town elected officials, officers or however, the Town shall have the right to employees affiliated with it, unless the bidding provide substitute service from third parties or firm has fully complied with current Florida State Town forces and in such event the Town shall Statutes and Town Ordinances relating to this withhold payment due Contractor for such issue. Bidders must disclose any such affiliation. period of time. If the condition of force majeure Failure to disclose any such affiliation will result exceeds a period of 14 days the Town may, at in disqualification of the Bidder or termination of its option and discretion, cancel or renegotiate the agreement, removal of the Bidder from the the Agreement. Town’s bidder lists, and prohibition from engaging in any business with the Town. 1.92 BUDGETARY CONSTRAINTS
1.89 NO CONTINGENT FEES In the event the Town is required to reduce contract costs due to budgetary constraints, all Vendor warrants that it has not employed or services specified in this document may be retained any company or person other than a subject to a permanent or temporary reduction bona fide employee working solely for the in budget. In such an event, the total cost for Vendor to solicit or secure the Agreement, and the affected service shall be reduced as that it has not paid or agreed to pay any person, required. The Contractor shall also be provided company, corporation, individual, or firm, other with a minimum 30-day notice prior to any such than a bona fide employee working solely for the reduction in budget. Vendor any fee, commission, percentage, gift, or other consideration contingent upon or
25
RFP# RM-20-81
1.93 ANNEXATION contract with Waste Management for the collection and disposal of all construction and Contractor agrees to extend all terms, demolition debris generated at such conditions and pricing in the Agreement and any construction job sites. amendments thereto, to any areas annexed into the Town. For the current applicable rates and fees for Waste Management dumpsters, roll-off 1.94 LITIGATION VENUE containers, and other related solid waste service equipment needs, please contact Kay Hurley, The parties agree that all litigation between Waste Management Construction Services them in the state courts shall exclusively take Account Manager at (954) 439-4067 or place in Broward County, Florida and that all [email protected] . litigation between them in the federal courts shall take place in the Southern District of For further information related to bid Florida. specifications related to solid waste franchise requirements, please contact Brian O’Connor, 1.95 SOVEREIGN IMMUNITY Procurement Manager, at (954) 797-1016 or [email protected] . Nothing in the Agreement shall be interpreted or construed to mean that the Town or the CRA For solid waste franchise enforcement waives its common law sovereign immunity or questions, please contact the Town of Davie the limits on liability set forth in Section 768.28, Program Division’s representative at (954) 797- Florida Statute. Notwithstanding anything set 1045 or Danny Stallone, Code Compliance forth in the Contract to the contrary, nothing in Official at (954) 693-8237. this Contract shall be deemed as a waiver of immunity or limits of liability of the Town beyond PLEASE BE ADVISED THAT THE FAILURE any statutory limited waiver of immunity or limits OF ANY BIDDER FOR A CONSTRUCTION of liability which may have been or may be PROJECT FOR THE TOWN OF DAVIE, adopted by the Florida Legislature and the cap INCLUDING AND NOT LIMITED TO GENERAL on the amount and liability of the Town for CONTRACTORS AND DEVELOPERS, TO damages, regardless of the number or nature of ADHERE TO THE REQUIREMENTS OF THE claims in tort, equity, or Contract, shall not TOWN OF DAVIE’S EXCLUSIVE SOLID exceed the dollar amount set by the legislature WASTE FRANCHISE AGREEMENT SHALL for tort. Nothing in this Contract shall inure to the RESULT IN A NOTICE OF VIOLATION, benefit of any third party for the purpose of CITATION OR SIMILAR CODE allowing any claim against the Town, which ENFORCEMENT ACTION BEING TAKEN claim would otherwise be barred under the AGAINST THE BIDDER. ENFORCEMENT doctrine of sovereign immunity or by operation ACTION MAY INCLUDE DENIAL OR of law. REVOCATION OF A BID APPLICATION AND ITS APPROVAL. THE ENFORCEMENT 1.96 SUBMISSION AND RECEIPT OF BIDS ACTION WILL RESULT IN FINES AND LIENS UP TO $15,000/DAY FOR IRREPARABLE Bids having any erasures or corrections must be VIOLATIONS, UP TO $1,000/DAY FOR FIRST initialed and dated by the bidder in ink. This bid VIOLATIONS, UP TO $5,000/DAY FOR document shall be typewritten or filled in with REPEAT VIOLATIONS PLUS APPLICABLE pen and ink. COST RECOVERY AND ATTORNEY FEES.
1.97 SOLID WASTE CONSTRUCTION AND DEMOLITION DEBRIS COLLECTION AND 1.98 DEBARMENT DISPOSAL REQUIREMENTS FOR BIDDING JOBS IN THE TOWN OF DAVIE A vendor who is to be formally removed from the vendor eligibility list and who is to be The Town of Davie has an exclusive solid waste subsequently barred from doing future business franchise agreement with Waste Management, with the Town will be notified in writing by the Inc. of Florida for the collection and disposal of Procurement Manager through the Office of the all solid waste including construction and Town Administrator. Said written notification will demolition (C & D) debris as defined within state the reason for debarment and the length of Florida Statutes Chapter 403. All applicants for time of its effectiveness, which shall be thirty six bids to perform construction work for the Town months or less from the date of notification. of Davie or the CRA shall be subject to the requirements found in the Town’s exclusive A vendor who receives a notice of debarment solid waste franchise agreement and must may request, in writing, an appointment with the
26
RFP# RM-20-81
Procurement Manager and the Town its subcontractors to fully cooperate with the Administrator for the purpose of reviewing the Inspector General, when requested, may be decision. If the review does not satisfactorily deemed by the Town to be a material breach of resolve the issue, the vendor may then petition the Contract justifying its termination. to appear at a formal, twice-monthly session of the Town Council to further defend their position. Said petition to appear must be END OF SECTION directed to the Office of the Town Administrator or the Office of the Town Clerk for scheduling.
If a vendor’s name is removed from the list of vendors eligible to receive a bid opportunity no Town department is able to continue doing business with said vendor. A vendor may be removed from the vendor eligibility list for any of the following reasons:
1. Conviction of a criminal offense relative to securing a public or private contract;
2. Conviction of a violation of a State or Federal anti-trust statute or act relating to the submission of a bid or a proposal;
3. Conviction of a violation of a State or Federal Statute which indicates a lack of business integrity or honesty, e.g., theft, forgery, embezzlement;
4. A serious violation of a contract provision, e.g., a previous failure to perform or unsatisfactory performance associated with an awarded contract or bid;
5. A violation of ethics, as defined within this manual or the Florida State Code of Ethics;
6. Conviction of or evidence of collusion by a respondent or a subsidiary in the submission of a response to the Town, other government agency or business in connection with a solicited RFP, or bid;
7. Any other reason that would affect a vendor’s responsibility to the Town.
1.99 INSPECTOR GENERAL AND ETHICS
In accordance with Section 12.01 of the Broward County Code of Ordinances, the Contractor understands that this Contract may be subject to investigation and/or audit by the Broward County Inspector General. The Contractor understands and agrees to his obligations under this ordinance. The Contractor further understands and agrees that in addition to all other remedies and consequences provided by law the failure of the Contractor or
27
RFP# RM-20-81
SECTION2.0 INSURANCE REQUIREMENTS
Insurance Checklist
Insurance Required Non- Type # Applicable Insurance Types 1 √ Commercial General Liability 2 √ Automobile Liability 3 √ Workers Compensation and Employers Liability 4 √ Builders Risk 5 √ Pollution Liability 6 √ Professional Liability including Errors and Omissions 7 √ Cyber Liability 8 √ Liquor Liability 9 √ Garage Keepers/Garage Liability 10 √ Other Insurance
2.1 INSURANCE TYPES The Contractor shall maintain and carry in full force during the Term the insurance required herein. Upon Town’s notification, the Contractor shall furnish to the Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below:
1. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, Products & Completed Operations with minimum limit of $1,000,000, Personal and Advertising Injury with minimum limit of $1,000,000. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
2. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 per person and $1,000,000 per occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
3. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Must include Employers’ Liability with a minimum limit of $100,000 each accident, Disease each employee minimum limit of $100,000, Disease policy limit of $500,000. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the Town harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement detailing the number of employees and that they are not required to carry Worker’s Compensation insurance, and do not anticipate hiring any additional employees during the term of this contract or a copy of a Certificate of Exemption.
4. Builders Risk Insurance shall be afforded by the Contractor, at its expense, with full theft, windstorm, fire and extended coverage on Improvements constructed, and personal property located on the premises by the Contractor, for the benefit of 28
RFP# RM-20-81
the Town and the Contractor, as each party’s interests may appear, in an amount not less than one hundred percent (100%) of the replacement value of the completed Improvements or new construction. Such insurance shall provide that the interest of the Town is included as a loss payee and contain a waiver of subrogation rights by the Contractors carrier against the Town. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
5. Pollution Liability Insurance must be afforded for Bodily Injury and Property Damage of not less than $1,000,000 each claim. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
6. Professional Liability Insurance including Errors and Omissions with minimum limits of $1,000,000.00 per occurrence, if occurrence form is available; or claims made form with “tail coverage” extending three (3) years beyond completion and acceptance of the project with proof of “tail coverage” to be submitted with the invoice for final payment. In lieu of “tail coverage,” Consultant/Firm may submit annually to the Town a current Certificate of Insurance proving claims made insurance remains in force throughout the same (3) year period.
7. Cyber Liability Insurance must be afforded for Data Breach, Media Content, Privacy Liability and Network Security of not less than $1,000,000 each claim. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
8. Liquor Liability Insurance must be afforded when a licensee, vendor, concessionaire, independent contractor, or subcontractor is engaged in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages while on Town property. Coverage must be afforded for Bodily Injury and Property Damage of not less than $1,000,000 Combined Single Limit each occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
9. Garage Liability Insurance must be afforded for Bodily Injury and Property Damage of not less than $1,000,000 each claim. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
2.2 INSURANCE COVERAGE
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operation of the Contractor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications:
A. The company must be rated no less than "A-" as to management, and no less than "Class VII" as to financial strength, according to the latest edition of Best's Insurance Guide published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the Town’s Risk Management Division.
B. Certificates of Insurance must indicate that for any cancellation of coverage before the expiration date, the issuing insurance carrier will mail thirty (30) day written advance notice to the certificate holder and any additional insureds. In addition, the Contractor hereby agrees not to modify the insurance coverage without thirty (30) days written advance notice to the Town.
29
RFP# RM-20-81
NOTE: TOWN OF DAVIE CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE.
C. Compliance with the foregoing requirements shall not relieve the Contractor of this liability and obligation under this section or under any other section in the Agreement. D. Award of this Contract is contingent upon the receipt of the insurance documents, as required, within fifteen (15) calendar days after Town notification to Contractor to comply before the award is made. If the insurance certificate is received within the specified time frame but not in the manner prescribed in the Agreement, the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the Town. If the Contractor fails to submit the required insurance documents in the manner prescribed in the Agreement within twenty (20) calendar days after Town notification to comply, the Contractor shall be in default of the contractual terms and conditions and award of the Contract will be rescinded, unless such time frame for submission has been extended by the Town.
E. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period of the Contract, including any and all option years or extension periods that may be granted by the Town. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the Town at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the Town shall suspend the Contract until such time as the new or renewed certificates are received by the Town in the manner prescribed herein; provided, however, that this suspended period does not exceed thirty (30) calendar days. Thereafter, the Town may, at its sole discretion, terminate this contract.
END OF SECTION
30
RFP# RM-20-81
SECTION3.0 SPECIAL CONDITIONS
3.1 PERFORMANCE OF SERVICES
Contractor agrees to perform contracted services in a professional and workmanlike manner and in compliance with all applicable laws, ordinances, rules, regulations, and permits. Only the highest quality workmanship shall be acceptable. Services, equipment and workmanship not conforming to the intent of the Agreement or meeting the approval of the Town may be rejected. Replacements and/or rework, as required, shall be accomplished on a timely basis at no additional cost to the Town.
Where an "or equal" is specified, the Town shall be the sole judge in determining equality. Any deviation from these specifications and/or changes during construction must be approved by the Town in writing. If specifications are in contradiction, or if they contain any errors or omissions, bidders shall notify the Procurement Division in writing at least by the RFI deadline stated below, or at the pre-proposal conference, to allow sufficient time to resolve all discrepancies.
3.2 REQUESTS FOR INFORMATION (RFI)
Any questions regarding the specifications shall be addressed to the Procurement Manager by the deadline stated herein for receiving RFIs via e-mail at [email protected].
Any oral instructions given are not binding. All questions and interpretations will be clarified in writing to all bidders by written addenda. Failure of a bidder to receive and/or acknowledge any addendum shall not release the bidder from any obligations under this bid.
3.3 NON-MANDATORY PRE-PROPOSAL CONFERENCE
A Non-Mandatory Pre-Proposal Conference will be held on Wednesday, June 17, 2020 at 11:00 AM EST via conference call or via online meeting at:
Meeting Information Meeting link: https://daviepurchasing.webex.com/daviepurchasing/j.php?MTID=m8848664ebd1a2290ddf2edccf426d907 Meeting number: 129 728 1449 Password: tdHdKVwc992
More ways to join Join by video system Dial [email protected] You can also dial 173.243.2.68 and enter your meeting number.
Join by phone +1-408-418-9388 United States Toll Access code: 129 728 1449
Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954- 797-1023 at least forty-eight (48) hours prior to the meeting to request such accommodation. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8770 (voice) or 1-800-955-8771 (TDD).
31
RFP# RM-20-81
3.4 SCHEDULE OF EVENTS The Town will use the following tentative time schedule in the selection process. The Town reserves the right to change and/or delay scheduled dates.
Event Date RFP Available 06/09/2020 Non-Mandatory Pre-Proposal Conference (11:00am EST) 06/17/2020 Last Date Receipt of RFIs (by 5:00 pm EST) 06/22/2020 Bids Due (2:00 pm EST) 06/30/2020
3.5 EVALUATION & SELECTION METHOD AND CRITERIA
All responses will be reviewed and evaluated by a Review Committee to be designated by the Town Administrator or his/her designee. A recommendation for award will be submitted to the Town Administrator for final approval. The responses shall be evaluated based on the criteria below in order to determine the responses that are in the best overall interest of the Town.
Awards will be made only to responsible, licensed firms possessing the potential ability to perform successfully under the terms and conditions of these specifications. Proposers must be regularly engaged in the trade or trades relating to the proposals submitted.
1. Process
The selection process shall be as follows:
A. Award will be made only to responsible, licensed firms possessing the potential ability to perform successfully under the terms and conditions of these specifications. Proposers must be regularly engaged in the trade or trades relating to the proposals submitted.
B. The selection process shall be as follows:
• The Evaluation Committee will evaluate all responsive proposals based upon the information, forms, attachments contained in the proposals as submitted. • The Committee will assign a numerical value to each Proposal as follows: o 1 = Meets Minimum Qualification Requirements o 2 = Does Not Meet Minimum Qualification Requirements • *Firms assigned a “1” will be qualified in order of length of firm’s General Contractor’s license on file with the State of Florida until a maximum of fifteen (15) firms is reached.
C. Upon completion of assigning the numerical values, the Committee shall make a final recommendation for award. If necessary the Committee may shortlist all responsive proposals and may proceed with conducting interview(s) with the Proposer(s) which the Evaluation Committee deems to warrant further consideration. Upon completion of interview(s) the Committee will re- evaluate and re-rank the proposals remaining in consideration based upon the written documents combined with the interview(s) and/or facility site visits, if applicable.
3.6 CONTENT OF PROPOSAL
Firms are to submit a response containing, at a minimum, the following information:
A. Transmittal Letter The Transmittal letter is a statement of understanding with regard to the scope of services requested herein to include the following: • Brief history of your firm
32
RFP# RM-20-81
• Brief description of past experience providing similar services • Company functionalities/availability. • Industry Specific Licenses / Certifications / Qualifications currently held by your Company. • Contact information for the person(s) authorized to contractually bind the firm to include their full name, title, address, telephone number and email address • Attach company brochure/literature if available
B. Contractor Application Contractor is required to complete the Contractor Application (Attachment “B”) in its entirety to include all forms. The completed Application is hereby made a part of and incorporated into the final agreement.
C. Contractor Handbook Contractor is required to adhere to the Contractor Handbook (Attachment “C”). These items are to be discussed at the pre-proposal conference detailed herein.
D. Additional Town Forms Contractor is required to complete the additional Town forms attached to this RFP document. A proposal checklist has been provided for the Proposer’s use when completing their package.
3.7 COMPETENCY OF PROPOSERS
Proposals shall be considered only from firms that have been continuously engaged in providing products and services similar to those specified herein for a reasonable period and that are presently engaged in the provision of these services. Contract(s) will be awarded only to responsible and responsive Proposer(s) licensed and qualified by experience to do the work specified.
The Proposer shall submit, prior to award of Contract, satisfactory evidence of his experience in like work and that he is fully prepared with the necessary organization, capital, and equipment to complete the Scope of Services. Proposer shall be insured, licensed, and certified by all applicable local, county, and state agencies.
3.8 EFFECTIVE TERM
The pre-qualified bidding pool will be effective for a period of three (3) years from the date of Town Council award.
3.9 CONTRACT AWARD
Any contract, as a result of this RFP, will be submitted to Town Administrator for considerations and may be submitted to the Town Council for their approval. The Contract award, if any, shall be made to the Proposer whose proposal shall be deemed by the Town to be in the best interest of the Town. The Town’s decision to make the award and which proposal is in the best interest of the Town shall be final.
END OF SECTION
33
RFP# RM-20-81
SECTION4.0 SPECIFICATIONS
4.1 PURPOSE
The Town of Davie, FL (the “Town”) is actively seeking responses from qualified Proposers to provide General Contractor Services for Home Repair Projects to the Town in full accordance with the scope of services, terms, and conditions contained in this Request for Proposals (RFP).
It is the Town’s intent to establish a pool of a maximum of fifteen (15) experienced general contractors to complete various types of repairs to residential homes. The types of services to be rendered include correcting municipal and/or Florida Building Code violations, abating any health and safety problems, providing safe electrical and mechanical systems, stopping weather penetration to make the home more energy efficient, and improving the general condition of the structure.
This issuance of this RFP does not constitute a commitment to issue a request for bids/proposals, award a contract, or pay any costs incurred in preparation of a response to this RFP.
4.2 MINIMUM QUALIFICATION REQUIREMENTS
In order to be considered for pre-qualification, Contractors must meet the following Minimum Qualification Requirements: 1. Possess a valid State General Contractor’s License and Qualified Business License in his/her own name and submit a copy with the application. 2. Provide a minimum of three (3) written references from other governmental entities. 3. Provide a copy of current contractor liability insurance. 4. Provide a copy of workers compensation insurance or exemption. 5. Be free of any substantiated complaints or violations during the prior two (2) years and maintain a consistent record of passed inspections with no lengthy construction delays. 6. Have pulled permits and built or rehabilitated at least three homes within the last two (2) years. 7. Neither contractor, nor their listed subcontractors are eligible to receive grant funds if the contractor or subcontractor is listed on the federal Excluded Parties List System (EPLS), and/or through SAM.gov. Registration with SAM.gov is required.
4.2 SCOPE OF SERVICES
The Town of Davie is receiving funds from the U.S. Department of Housing and Urban Development (HUD) and the Florida Housing Finance Corporation (FHFC) through the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program, and State Housing Initiatives Partnership (SHIP) Program for a minor home repair program and may receive similar types of funds to carry out similar activities.
The services require general contractors with significant, verifiable experience to complete various types of home repair projects to residential properties. As each home repair project is determined, the approved pre-qualified pool of contractors will be invited to submit a bid for that particular home repair project.
1.The work performed will address the following priorities:
a. Correcting municipal and/or Florida Building Code violations. b. Abating any health and safety problems in the resident’s home. c. Providing safe electrical and mechanical systems. d. Stopping weather penetration to make the home more energy efficient. e. Improving the general condition of the structure. f. Contractors shall NOT include a separate line item for permits. The Contractor will secure, at his/her own expense, all necessary permits, impact fees, notice of commencement, etc., required to perform the work as described in the contract. 34
RFP# RM-20-81
g. Contractors shall NOT be responsible for providing final mitigation post-project. h. Bonds are NOT required, as the maximum grant award to the homeowner per project is $50,000.
2. The services required include but are not necessarily limited to the following:
a. Complete quality residential home repairs per specifications and requirements provided by the Town. b. Submit permits (and drawings) for construction repairs as required. c. Abide by and adhere to all conditions and requirements of the rehabilitation program. d. Complete all repairs in a prompt/timely manner and within budget. e. Effectively practice sound financial business practices and fiscal responsibility. f. Establish and maintain professional and pleasant rapport with the Town, property owners, and program inspectors. g. Submit invoice for payment, per program procedures.
END OF SECTION
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
35
RFP# RM-20-81
RFP Checklist
The following are requirements of this RFP, as indicated below. Use of this checklist may help ensure that your submission is complete.
Place a check mark in the "Done" column as you complete and enclose each item. Requirement Required Done Attachment “A”- Contractor Application √ Valid State General Contractor’s License and Qualified Business License in √ his/her own name √ Insurance √ Signature Page for Corporation (if applicable) √ Signature Page for Sole Proprietor/Partnership (if applicable) √ Acknowledgement of Addenda (if any) √ Debarment Form √ Vendor Information Form √ Owner Disclosure Affidavit √ Conflict of Interest Disclosure Statement √ Client Reference Form √ Public Entity Crimes Form √ Anti-Kick Back Affidavit √ Gifts Policy Form √ Indemnification Form √ Non-Collusive Affidavit √ Drug-Free Workplace Program √ E-Verify Form √ Employee Background Verification Affidavit √ Bidder/Proposer Questionnaire √ Lobbying Interest Form √ Boycott Form √ W9 This checklist is for your guidance. Please read the entire RFP thoroughly to ensure that your submission is complete.
36
RFP# RM-20-81
SECTION5.0 REQUIRED FORMS
PROPOSAL SIGNATURE PAGE FOR CORPORATION
The officers of the Corporation are as follows:
NAME ADDRESS
President ______
Vice-President ______
Secretary ______
Treasurer ______
Registered Agent ______
The full names and residences of stockbrokers, persons, or firms interested in the foregoing Proposal, as principals, are as follows:
______
______
Post Office Address PROPOSER:
______(CORPORATE NAME)
______PRESIDENT’S SIGNATURE AND E-MAIL ADDRESS
Is this corporation incorporated in the State of Florida?
ATTEST: ______SECRETARY
YES [ ] NO [ ]
If no, give address of principal place of business: ______
______
37
RFP# RM-20-81
PROPOSAL SIGNATURE PAGE FOR SOLE PROPRIETOR OR PARTNERSHIP
The full names and residences of persons, partners or firms interested in the foregoing Proposal, as principals, are as follows:
______
______
______
______
______
PROPOSER
______(FIRM NAME)
Witnesses:
(SEAL)
______SIGNATURE AND E-MAIL ADDRESS
______PRINT NAME
______Title (Sole Proprietor or Partner)
Post Office Address: ______
______TELEPHONE
CITY in which fictitious name is registered.
______Attach a copy of proof of registration
38
RFP# RM-20-81
TOWN OF DAVIE CERTIFICATION REGARDING DEBARMENT Certification Regarding Debarment, Suspension And Other Responsibility Matters TO BE COMPLETED BY PROSPECTIVE VENDOR
A. The prospective Vendor certifies that it and its principals (subcontractors and suppliers):
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or involuntarily excluded by any Federal, State, County, City or Town or other government agency;
2. Have not within a three (3) year period preceding this bid proposal been convicted of or had a civil judgment entered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, City or Town of other local agency) transaction or contract; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) within commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and
4. Have not within a three (3) year period preceding this bid proposal had one or more public contracts (Federal, State, City or Town or other agency) terminated for cause or default.
B. Where the prospective Vendor is unable to certify to any of the statements in this certification, an authorized signatory to this proposal shall complete, sign and attach a detailed explanation. ______Name and Position Date
______Signature
______Company Name
______Street Address
______City, State and Zip Code
39
RFP# RM-20-81
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I: LIST BELOW THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID.
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID.
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER:
40
RFP# RM-20-81
VENDOR INFORMATION
Vendor Name: (Business Name Registered With The State OR Full Name If An Individual)
Mailing Address:
Remit to Address (If Different from Mailing Address):
Contact Name:
Telephone: Federal Tax ID Number:
Fax Number: Email Address:
Facsimile: Business Website (If Applicable):
41
RFP# RM-20-81
Have you been awarded any government contracts recently or in the past? If yes, please list the contract #’s, the agency, the service provided, and if it is still active.
Products & Services
In the space provided below please indicate any product or services that your firm provides:
42
OWNER DISCLOSURE AFFIDAVIT
1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation’s stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable):
Full Legal Name Address Ownership %
2. The full legal names and business addresses of any other individual (other than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, any legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable):
Full Legal Name Address
RFP# RM-20-81
VENDOR OR CONTRACTOR CONFLICT OF INTEREST DISCLOSURE STATEMENT
What Defines A Conflict Of Interest According To The Town:
A. An officer, director, employee, agent, or other consultant of the Town or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with a grant of the Agreement with the Town or its Departments.
B. There are undisclosed persons or entities interested with the Contractor in the Agreement. The Agreement is entered into by the Contractor with a connection with another entity or person making a proposal for the same purpose, and possibly with collusion, fraud or conflict of interest. Elected or appointed officer(s) or official(s), director(s), employee(s), agent(s) or other consultant(s) of the Town, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: 1.) Is interested on behalf of or through the Contractor directly or indirectly in any manner whatsoever in the execution or the performance of the Agreement, or in the services, supplies or work, to which the Agreement relates or in any portion of the revenues; or 2.) Is an employee, agent, advisor, or consultant to the Contractor or to the best of the Contractor’s knowledge, any subcontractor or supplier to the Contractor.
DISCLOSURE OF CONFLICT OF INTEREST
VENDOR SHALL DISCLOSE BELOW, TO THE BEST OF HIS OR HER KNOWLEDGE, ANY TOWN OF DAVIE OFFICER OR EMPLOYEE, OR ANY RELATIVE OF ANY SUCH OFFICER OR EMPLOYEE AS DEFINED ABOVE AND IN SECTION 112.3135, FLORIDA STATUTES, WHO IS AN OFFICER, PARTNER, DIRECTOR OR PROPRIETOR OF, OR HAS A MATERIAL INTEREST IN THE VENDOR’S BUSINESS OR ITS PARENT COMPANY, ANY SUBSIDIARY, OR AFFILIATED COMPANY, WHETHER SUCH TOWN OFFICIAL OR EMPLOYEE IS IN A POSITION TO INFLUENCE THIS PROCUREMENT OR NOT.
44
RFP# RM-20-81
Please indicate below if there is a Conflict Of Interest. (Please select one option)
YES NO If you indicated yes above please list the names and relationships of those who you believe would lead to a conflict of interest in the space provided below
Name: Relationship:
Firm/Business Name
Name & Title, Typed or Printed
Authorized Signature Date
45
RFP# RM-20-81
CLIENT REFERENCE FORM
Provide a minimum of three (3) client references from recent similar transactions.
Name of Firm: ______
1) Name of Client Entity: ______Address: ______City/State/Zip: ______Contact: ______Title: ______Email Address: ______Telephone: ______Scope of Work: ______Description of Services Provided: ______
2) Name of Client Entity: ______Address: ______City/State/Zip: ______Contact: ______Title: ______Email Address: ______Telephone: ______Scope of Work: ______Description of Services Provided: ______
3) Name of Client Entity: ______Address: ______City/State/Zip: ______Contact: ______Title: ______Email Address: ______Telephone: ______Scope of Work: ______Description of Services Provided: ______
46
RFP# RM-20-81
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the TOWN OF DAVIE, FLORIDA By: ______
(print individual’s name and title)
For: ______
(print name of entity submitting sworn statement)
whose business address is: ______and (if applicable) its Federal Employer Identification Number (FEIN) is: ______
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: _____ - _____ - ______).
2. I understand that a “public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or non contendere. 4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers’ directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, and partners. Shareholders, employees, members, and agents who are active in management of an entity.
47
RFP# RM-20-81
6. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies below). □ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
□ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
□ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
______
Signature
Sworn to and subscribed before me this ______day ______, 20_____
Personally known ______
OR ______Name of Notary
Produced identification ______Notary Public – State of ______
48
RFP# RM-20-81
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA }
} SS:
COUNTY OF }
I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the Town of Davie, its elected officials, and ______or its consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By: ______
Title: ______
Sworn and subscribed before this
_____ day of______, 20___
______
Notary Public, State of Florida
______
(Printed Name)
My commission expires: ______
49
RFP# RM-20-81
SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY
Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. - “No Public officer, employee of an agency, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, or candidate would be influenced thereby.”“... The term ‘public officer’ includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body.”
The Town of Davie policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the Town does business. Only advertising office stationery or supplies of small value are exempt from this policy - e.g. calendars, note pads, pencils.
The State of Florida definition of “gifts” includes the following:
Real property or its use, Tangible or intangible personal property, or its use, A preferential rate of terms on a debt, loan, goods, or services, Forgiveness of indebtedness, Transportation, lodging, or parking, Membership dues, Entrance fees, admission fees, or tickets to events, performances, or facilities, Plants, flowers or floral arrangements
Services provided by persons pursuant to a professional license or certificate. Other personal services for which a fee is normally charged by the person providing the services. Any other similar service or thing having an attributable value not already provided for in this section. To this list, the Town of Davie has added food, meals, beverages, and candy.
Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract.
As the person authorized to sign the statement, I certify that this firm will comply fully with this policy.
______SIGNATURE PRINTED NAME
______NAME OF COMPANY TITLE
50
RFP# RM-20-81
INDEMNIFICATION CLAUSE
The Contractor shall indemnify, defend and hold harmless the Town Council, the Town of Davie and their agents and employees from and against all claims, damages, losses and expenses (including attorney’s fees) arising out of or resulting from the contractor’s performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or damage on destruction of property including the loss of use resulting there from, and (2) is caused in whole or in part by any breach or default by Contractor or negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
______SIGNATURE PRINTED NAME
______DATE TITLE
STATE OF FLORIDA
COUNTY OF BROWARD
SWORN TO AND SUBSCRIBED before me, the under signed authority,
______who, after first being sworn by me, affixed his/her
[name of individual signing]
signature in the space provided above on this _____day of ______, 20______
______
NOTARY PUBLIC
51
RFP# RM-20-81
NON-COLLUSIVE AFFIDAVIT
STATE OF FLORIDA }
} SS:
COUNTY OF }
being first duly sworn, deposes and says that:
a) He/she is the , (Owner, Partner, Officer, Representative or Agent) of ______the Proposer that has submitted the attached Proposal;
b) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;
c) Such Proposal is genuine and is not collusive or a sham Proposal;
d) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from proposing in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; e) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant.
Signed, sealed and delivered in the presence of:
By: ______
Witness
______
Witness (Printed Name)
______
(Title)
52
RFP# RM-20-81
ACKNOWLEDGMENT
STATE OF FLORIDA }
} SS:
COUNTY OF }
BEFORE ME, the undersigned authority personally appeared ______to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that ______executed said Affidavit for the purpose therein expressed.
WITNESS, my hand and official seal this ______day of ______, 20___.
My Commission Expires:
______
Notary Public State of Florida at Large
53
RFP# RM-20-81
DRUG-FREE WORKPLACE PROGRAM
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
______
VENDOR’S SIGNATURE PRINTED NAME
______
NAME OF COMPANY
54
RFP# RM-20-81
E-VERIFY FORM
Bid No: ______
Project Description: ______
______
Vendor/Consultant acknowledges and agrees to utilize the U.S. Department of Homeland Security’s E- Verify System to verify the employment eligibility of:
(a) all persons employed by Vendor/Consultant to perform employment duties within Florida during the term of the contract; and
(b) all persons (including SUBCONTRACTORs/SUBVENDORs) assigned by Vendor/Consultant to perform work pursuant to the contract with the Department. The Vendor/Consultant acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the Town of Davie.
Company/Firm: ______
Authorized Signature: ______
Print Name: ______
Title: ______
Date: ______
55
RFP# RM-20-81
EMPLOYEE BACKGROUND VERIFICATION AFFIDAVIT
I, ______, Company______,
Attest that all personnel used in the performance of this work have had a criminal background check, and have no criminal offenses, a negative drug test result, and are legally documented to work in the United States.
The Town of Davie reserves the right to request copies of the criminal background checks and drug test results of the awarded firm(s).
Proposer’s Signature______
56
RFP# RM-20-81
REQUIRED PROPOSER/BIDDER QUESTIONNAIRE
Name of Proposing Firm: ______Today’s Date: ______
Primary Contact Person Re: this Bid: ______
Primary Contact Person Email Address: ______
Primary Contact Person Phone Number: ______
1. How many years has your firm been in business under its present business name?: ______
2. Under what other former name(s) has your firm operated?: ______
______
3. Have any similar agreements held by proposer for a similar project to the proposed project ever been canceled? Circle one: No Yes If yes, please explain: ______
______
______
4. Has the proposer or any principals of the firm failed to qualify as a responsible proposer, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? Circle one: No Yes
If yes, please explain: ______
______
______
5. Has the proposer or any principals of the firm ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Circle one: No Yes
If yes, please explain and give date, court jurisdiction, action taken, and any other explanation deemed necessary: ______
______
6. State the name and title of the individual who will have personal management of the work:
______
______57
RFP# RM-20-81
7. State the name and address of attorney, if any, for the firm: ______
______
______
8. List all pending lawsuits involving the corporation, partnership or individuals with more than ten percent (10%) interest that are related to the services to be provided under this RFP. ______
______
______
9. List all judgments from lawsuits in the last three (3) years involving the corporation, partnership or individuals. ______
______
______
10. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer’s business and indicate the percentage owned of each such business and/or individual: ______
______
______
11. State the names, addresses and the type of business of all firms that are partially or wholly owned by Proposer: ______
______
______
12. Bank references:
BANK NAME ADDRESS (CITY, STATE, ZIP) PHONE NUMBER
______
______
13. Firm has attached a current Certificate of Liability Insurance? Yes No
14. Firm has attached a current W9? Yes No
15. If applicable, your firm attended the Pre-Proposal Conference? Yes No
58
RFP# RM-20-81
16. Exceptions to any terms and conditions herein have been attached/redlined within this proposal submittal in accordance with Section 1.33 of this RFP. Yes No
17. Litigation/Judgements/Settlements/Debarments/Suspensions – Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three (3) years. Also indicate if your firm has been debarred or suspended from bidding or proposing on a procurement project by any government entity during the last five (5) years. ______
______
______
Undersigned:
______
FIRM NAME
______
SIGNATURE OF AUTHORIZED AGENT
______
NAME & TITLE, TYPED OR PRINTED
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was sworn to and subscribed before me this _____ day of ______, 20___ by ______who is personally known to me or produced ______as identification.
______
NOTARY PUBLIC, State of ______Commission No.: ______
Print Name: ______Commission Expires: ______
SEAL
(if Corporation)
59
RFP# RM-20-81
SOURCE OF INFORMATION SURVEY
How did you find out about this solicitation? Check all that apply:
1. www.davie-fl.gov
2. www.demandstar.com
3. The Sun-Sentinel
5. Referral/word-of-mouth Specify Source: ______
6. Search Engine/Internet search
7. E-mail Specify Source: ______
8. Banner or Link on another website
9. Flyer, newsletter, direct mail Specify Source: ______
10. Other, Specify Source: ______
Please note: This survey form is used for internal Procurement purposes only.
60
RFP# RM-20-81
LOBBYING INTEREST
I, ______, the undersigned, representing ______declare that I have read the attached form and that (check one):
______My company is not interested in lobbying either staff or elected officials on any subject associated with this solicitation
______My company is interested in lobbying either staff or elected officials on matters associated with this solicitation. I understand that in order to lobby, I must fill out the attached form and submit it to the Town Clerk’s Office along with a registration fee of $50.00.
Title of Bid:
Bidder Name:
Address:
Phone Number:
Fax Number:
E-mail Address:
Signature:
Print Name: ______
61
RFP# RM-20-81
CERTIFICATION PURSUANT TO FLORIDA STATUTE §215.4725
I, ______, on behalf of ______, Print Name Company Name
certify that______does not: Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
______
Signature
______
Title
______
Date
62
RFP# RM-20-81
REASON FOR “NO BID” For firms choosing NOT to bid/propose on this opportunity, the Town appreciates your response using this form.
Please return via email to [email protected] or by mail to:
Town of Davie – Purchasing Division Attention: Brian O’Connor, C.P.M., Procurement Manager 6591 Orange Drive Davie, FL 33314
1. Why did your firm chose not to respond to this opportunity?
Circle all that apply from below list: ____ a. We do not offer these services or equivalent. b. Insufficient time to respond to the solicitation. c. Our project schedule would not permit us to perform. d. Unable to meet requirements. e. Other: ______
2. Additional remarks:
______
63
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
CONTRACTOR APPLICATION
I. GENERAL INFORMATION
Company Name: ______
Company Address: ______
IRS ID (EIN) #: ______
Office number: Fax:
Email: ______Web page:
Name of Primary Contact to answer questions about this application
Name: Title: _ _
Phone of Primary Contact:
E-mail of Primary Contact: _
Are you a licensed Contractor? Yes No
Please list your license category and licensing entity:
_
License Number:
What is your specialty?
Do you have any additional licenses? Specify trade and license number.
Trade License #
Trade License #
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
II. COMPANY INFORMATION
Is your company a:
Corporation Partnership Individual Joint Venture LLC Other
IF CORPORATION, PLEASE ANSWER THE FOLLOWING:
A. Date Incorporated
B. State Incorporated
C. President’s Name
Phone E-mail
D. Vice-President’s Name
Phone E-mail
E. Secretary’s Name
Phone E-mail
F. Treasure’s Name
Phone E-mail
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
IF INDIVIDUAL OR PARTNERSHIP, PLEASE ANSWER THE FOLLOWING:
A. Date Established:
B. Name/Address of all partners (State General or Limited Partnership)
IF OTHER THAN A CORPORATION OR PARTNERSHIP, DESCRIBE ORGANIZATION AND PROVIDE NAME/ADDRESS OF PRINCIPALS:
How many years has your organization been in business under its present name? _____
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
Has your organization operated under any other name? Yes No
If yes, list name(s):
How many employees do you have?
Have you ever failed to complete any work awarded to you? Yes No
If yes, provide the details. Please use separate sheet if necessary.
Within the last 5 years, has any Officer or Partner of your organization ever been an Officer or Partner of another organization when it failed to complete a construction contract?
Yes No
If yes, provide the details. Please use separate sheet if necessary.
Have you or any Officer of your company ever been suspended, or denied participation in a federally funded contract or any construction project? Yes No
If yes, provide the details. Please use a separate sheet if necessary.
Have you or any Officer/Partner of your company ever filed for Bankruptcy?
Yes No
If yes, please provide date of dismissal.
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
Do you or any Office of your Company have any pending litigation and any judgments and settlements of court cases relative to providing the services requested herein that have occurred within the last three (3) years.
Yes No
If yes, provide the details. Please use a separate sheet if necessary.
______
______
Are you:
Minority Owned Business (MBE) Yes N
A MBE is defined as a business concern that is at least 51% owned by one or more individuals who are African American, Hispanic American, Native American, Asian-Pacific American or Asian-Indian American; and whose management and daily business operations are controlled by one or more of these owners.
Woman Owned Business (WBE) Yes No
A WBE is defined as a business concern that is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more of these owners.
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
III. REFERENCES
Have you ever performed any residential work for the City, State, or any Government Office?
Yes No
List the City, State or Government Office:
List below the three most recently completed Construction/Rehabilitation Contracts: Client
Name Phone or e-mail Address Job Date Amount ($)
List below up to three Construction/Rehabilitation Contracts underway:
Client Name Phone or e-mail Address Job Date Amount ($)
Please provide three references:
Client Name Phone or e-mail Address Job Date
______
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
List of suppliers and address: a. Name Telephone Number
Address Years Acquainted
b. Name Telephone Number
Address Years Acquainted
c. Name Telephone Number
Address Years Acquainted
Bank Reference:
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
1. CONFLICT OF INTEREST
Are you related to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Town of Davie? Yes No
If yes, please disclose your relationship:
2. CONDITIONS AND CERTIFICATION
Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required?
In consideration of being placed upon the “Active Contractor List”, the undersigned contracting firm will comply with the following conditions on all construction/rehabilitation work performed and agrees:
a. To use only contract forms approved by the program.
b. That work will be performed in accordance with the standards established by the program, the Florida Building Code, and City and County Codes.
c. That if work performed by the contractor is found to be unsatisfactory or if contract relations between the contractor, homeowner, or other parties are found to be unsatisfactory, the Department may temporarily or permanently remove the contractor’s name from the “Active Contractor List.” d. That the contractor will abide by Equal Opportunity laws of the Civil Rights Act and all other applicable City, Federal, State, and County laws and regulations. e. The Contractor shall maintain and carry in full force during the Term the insurance required herein. Upon Town’s notification, the Contractor shall furnish to the Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below:
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
f. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, Products & Completed Operations with minimum limit of $1,000,000, Personal and Advertising Injury with minimum limit of $1,000,000. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. g. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 per person and $1,000,000 per occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. h. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Must include Employers’ Liability with a minimum limit of $100,000 each accident, Disease each employee minimum limit of $100,000, Disease policy limit of $500,000. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the Town harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement detailing the number of employees and that they are not required to carry Worker’s Compensation insurance, and do not anticipate hiring any additional employees during the term of this contract or a copy of a Certificate of Exemption.
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
I certify that the information provided on this application is true as completed and authorize the Town of Davie to verify the information listed herein.
Signed at , this day of _____, 20 _____.
Signature
Print Name
Title
Company
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
STATE OF FLORIDA
COUNTY OF ______
______, being duly sworn deposes and says that he/she is______, of______, and all statements therein contained are true and correct.
Sworn, to and subscribed before me this ____ day of ______, 20______, by______, who has produced photo identification ______or who is personally known to me and who did/did not take an oath.
Notary Public: ____
My Commission Expires: ______
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
CERTIFICATION FOR COMPLIANCE WITH CITY, COUNTY, STATE, FEDERAL LAWS AND REGULATIONS
I,______agree to comply with all City, County, State, and Federal laws and regulations, including, but not limited to the following:
CONFLICTS OF INTEREST Contractor covenants that no person who presently exercises any functions or responsibility on behalf of the Town of Davie in connection with this agreement has any personal financial interests, direct or indirect, with the Contractor. Contractor further covenants that, in the performance of any contract, no person having such conflicting interest, shall be employed by the Contractor. Any conflict of interest attributable to the Contractor or its employees must be disclosed in writing to the Town of Davie immediately upon discovery.
Contractor is aware of the conflict of interest laws of the State of Florida, particularly Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban Development, particularly, 24 CFR Part 570 § 570.611, and agrees to fully comply with all respects to those provisions.
EQUAL OPPORTUNITY Contractor agrees that it will comply with equal opportunity requirements, which require that no person in the United States shall on the ground of race, creed, color, national origin, age, sex, religion, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with State or Federal funds.
In the event local laws or ordinances governing equal opportunity apply as well, Contractor agrees to comply.
DEBARMENT/SUSPENSION The Contractor certifies, by submission of this certification, that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.
Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification.
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
ZONING CODES AND BUILDING CODES Contractor must comply with the Town of Davie Housing Quality Standards, the Florida Building Code, local building codes and other standards established by the Town of Davie, as deemed necessary by such agency.
Signature: ______
Print Name:______Date:______
STATE OF FLORIDA COUNTY OF ______
Sworn to and subscribed before me this ______day of ______, 20____, by ______, who has/have produced photo identification ______or is personally known to me and who did/did not take an oath.
______Notary Public, State of Florida
My Commission Expires: ______
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
SECTION 3 CLAUSE AND PROVISIONS
1. “Section 3" Compliance in the Provision of Training, Employment and Business Opportunities
(A) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
(B) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
(C) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(D) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
(E) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2)
with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
(F) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
(G) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible but not in derogation of compliance with section 7(b).
(H) Preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
SECTION 3 STATEMENT OF COMPLIANCE
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS
A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 70U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.
B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the “Section 3 Clause” specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements.
C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the City of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135.
COMMUNITY SERVICES DIVISION 4700 SW 64TH AVENUE- SUITE D DAVIE, FLORIDA 33314 PHONE: (954) 797-1173 FAX: (954) 797-2058 WWW.DAVIE-FL.GOV
Name of Contractor: ______
Title of RFP or Spec:______
Spec # or RFP # or Purchase Order Bid No ______
Will you hire new employees as a result of this contract? Yes [ ] No [ ]
Contractor: ______
Contractor’s Signature and Title :______Date:______
dis1
Contractor Handbook
CDBG/NSP/HOME/SHIP/RCMP NEIGHBORHOOD IMPROVEMENT, SINGLE FAMILY HOMEOWNER, & MULTIFAMILY REHABILITATION PROGRAMS
Town of Davie Community Services Division 4700 SW 64th Avenue, Suite D Davie, Florida 33314 954-797-1173
Revised June 1, 2018 1
I. Table of Contents II. Introduction ...... 6 III. Scope of Work (SOW) Standards ...... 7 IV. Rehabilitation ...... 7 A. Eligibility for Rehabilitation ...... 7 B. Ineligible for Rehabilitation ...... 7 C. Eligibility for New Construction ...... 8 V. Contractor Application ...... 8 A. Requests for Proposals ...... 8 B. Requirements ...... 8 VI. Bid Process ...... 9 A. Invitation to Bid ...... 9 B. Pre-Bid Walkthrough...... 9 C. Bid Proposal Submittal ...... 10 D. Contract Award ...... 11 E. Subcontractors ...... 12 F. Closing/Contract Signing ...... 12 G. Multi-Family and Rental Rehabilitation ...... 13 H. Reconstruction Contract ...... 13 VII. Payment and Contract Performance ...... 14 A. Payment Schedule...... 14 B. Contractor Payments ...... 14 C. Payment Reduction ...... 15 D. Change Orders ...... 15 E. Suspensions and Disqualifications ...... 15 F. Lien Waivers ...... 17 G. Inspections ...... 17 H. Performance ...... 17 VIII. Project Responsibility ...... 18 A. Town Responsibility ...... 18 B. Construction Agreement ...... 18 C. Contract Signee ...... 18 D. Access to Property...... 18 2
E. Utilities ...... 18 F. Debris Disposal ...... 18 G. Equipment Storage ...... 19 H. Personal Property ...... 19 I. Property Damage ...... 19 J. Permits and Impact Fees ...... 19 K. Warranties ...... 19 L. Disputes ...... 20 M. Room Completion – Rehabilitation ...... 20 IX. Contractor Quality & Standards ...... 20 A. Licenses ...... 20 B. Insurance ...... 20 C. Communication ...... 22 D. Coordination of Work ...... 22 E. Codes ...... 22 F. Material Quality ...... 22 G. Labor Quality ...... 22 H. Safety ...... 23 I. Cleanup ...... 23 J. Completion Deadline ...... 23 K. Hold Harmless ...... 23 L. Regulations ...... 24 M. Evaluation ...... 24 X. NSP3 1-4 Dwelling Unit Housing Rehabilitation Standard (CABO) ...... 24 XI. Materials & Specifications ...... 42 A. Concrete ...... 42 B. Framing ...... 42 C. Roof Decking ...... 42 D. Roof Underlayment ...... 43 E. Shingles ...... 43 F. Windows ...... 43 G. Exterior Front Doors ...... 43
3
H. Paint ...... 43 I. Soffit & Fascia ...... 43 J. Cabinets ...... 43 K. Flooring ...... 43 L. Plumbing ...... 43 M. Heating & Cooling ...... 44 N. Electrical ...... 44 O. Minimum Insulation ...... 44 P. Drywall Texture ...... 44 Q. Tub & Shower ...... 44 R. Interior Trim ...... 44 S. Window Sills ...... 44 T. Closet Shelving ...... 44 U. Mirrors ...... 44 V. Smoke Detectors ...... 45 W. Colors ...... 45 XII. Sample Forms & Documents ...... 46 A. Contractor Checklist ...... 47 B. Contractor Application ...... 48 C. Compliance Certification Form ...... 56 D. Section 3 Clause and Provisions and Statement of Compliance ...... 58 E. Contractor Sign-In Town of Davie CDBG/NSP/HOME/SHIP/RCMP ...... 61 F. Invitation for Bids ...... 62 G. Bid Results ...... 63 H. Rehab Owner/Contractor Agreement ...... 64 I. Rehab Agreement between the Town of Davie and the Homeowner ...... 75 J. Contract Conference Report ...... 78 K. Truth-In-Lending Statement ...... 80 L. Notice to Proceed ...... 81 M. Subcontractors List ...... 82 N. Multifamily/Rental Draw Schedule ...... 83 O. Contractor Payment Request ...... 84
4
P. Notice of Commencement ...... 86 Q. Change Order ...... 89 R. Punch List ...... 92 S. Final Walkthrough/Inspection ...... 93 T. Release of Lien and Affidavit of Contractor ...... 94 U. Termination of Notice of Commencement ...... 95 V. Partial Waiver and Release of Lien ...... 96 W. Final Release of Lien ...... 98 X. Contractor Warranty ...... 99 Y. Contractor Evaluation – Community Services Manager ...... 100 Z. Contractor Evaluation – Homeowner ...... 101 AA. Mortgage Modification Form ...... 102 BB. SHIP Owner-Occupied Rehabilitation Strategy (LHAP) ...... 104 CC. Green Building Improvements ...... 106 DD. SAM.Gov Registration Start Guide …………… ...... ……….………………..107 EE. HQS Inspection Report and Checklist …………...………………………..112
5
II. Introduction The Town of Davie, Florida (Town), receives Federal and State funds for a variety of programs to provide decent, safe, and affordable housing, a suitable living environment, neighborhood improvements and to expand economic opportunities primarily for persons of very-low, low, and moderate-income. Federal programs include the Community Development Block Grant (CDBG), Neighborhood Stabilization Program (NSP), HOME Investment Partnerships Program (HOME) and State Housing Initiatives Partnership Program (SHIP).
Construction related housing programs are generally separated into two categories; multifamily and single family. In addition, the NSP program uses a third party “developer” that will secure a general contractor or use their own staff. Under the NSP program, the developer is not required to competitively procure contractors. Per NSP Policy Alert dated June 1, 2012-Guidance on procurement of developers and subrecipients, “eligible entities that are designated as developers are not required to follow certain CDBG [NSP] regulations such as the program income, procurement and reporting rules that typically apply to grantees and subrecipients.” As such, NSP developers are not bound by the procurement requirements of this manual but are bound by other requirements that waived by NSP. Notwithstanding the above, the Town reserves the right to require developers to procure services competitively. When seeking contractors to perform work for these programs, the Town will publicly issue a Request for Proposals (RFP). Two types of RFP are used; both require documentation that includes licensure, certifications, references and other related material, and involve competitive bidding processes.
The type of RFP usually used for multifamily housing-related projects provides a specific Scope of Work (SOW) as part of the RFP. Any contractor may respond to this open, competitive RFP. The submitted proposals are reviewed and scored, and the winning proposal from a qualified, responsive, and responsible contractor is awarded the construction contract. This type of RFP is a “one time” process; each construction project will have its own RFP issued and results in a contract award.
The second type of RFP, predominantly used for single-family housing-related projects, invites qualified contractors to be part of a contractor bidding pool. Only pool members in good standing are invited to competitively bid on specific projects; in other words, bidding by invitation only. This type RFP is an ongoing process and results in qualified respondents being made members of a contractor bidding pool.
Contractors that have been debarred or suspended from working on federally funded programs are not eligible to participate in any RPF process. Contractors are expected to comply with all applicable Municipal, County, State, and Federal laws as they apply to the project.
6
All Contractors and organizations bidding upon work available through the competitive bid process must familiarize themselves with the policies, materials standards, and methods of construction contained herein. All work will incorporate these standards and all Contractors are expected to conform to the policies and guidelines contained herein.
Any questions concerning this Handbook or its contents should be referred to Glenda E. Martinez, Community Services Manager, at 954-797-1196. Thank you for your interest and participation in these homeowner and neighborhood improvement programs.
NOTE: The Town reserves the right to amend this Contractor’s Handbook at any time. The Town reserves the right to interpret and have final authority on any discrepancies, conflicts, or contradictions contained within this Contractor’s Handbook.
III. Scope of Work (SOW) Standards As applicable, all programs will use one or more of the following guidelines as rehabilitation and construction standards:
1. HUD Section 8 Housing Quality Standards (HQS) (24CFR982.401) 2. Local Zoning Requirements 3. State of Florida Building Code 4. The Town of Davie Minimum Housing and Property Maintenance Standards (MHPMS) 5. Modern, Green Building and Energy-Efficiency Improvements 6. Florida Energy Efficiency Code for Building Construction (Newly Constructed Housing Units) 7. Accessibility requirements of 24 CFR Part 8, 24 CFR 100.201, and 24 CFR 100.205, if applicable 8. NSP3 Housing Rehabilitation Standards. See Sections X and XI below.
IV. Rehabilitation A. Eligibility for Rehabilitation Residential rehabilitation costs necessary to satisfy the appropriate standard in Section II above must not exceed 50% of the value of the structure unless otherwise directed by the funding program guidelines.
B. Ineligible for Rehabilitation Residential units determined to be beyond feasible rehabilitation may be eligible for demolition as determined by the funding program guidelines
7
C. Eligibility for New Construction In a situation of newly vacant property/land where a residence was demolished Town staff may consider, as determined by the funding program guidelines, a new home being constructed on the property or land banking the property for the construction of a residence for a qualified family or families.
V. Contractor Application A. Requests for Proposals An RFP notice is generally published in the Sun-Sentinel Newspaper and a copy of the full RFP placed on the Town’s Webpage for any upcoming projects. To be an approved Contractor for any project, the contractor must fill out the RFP in its entirety and submit all forms and documentation requested. The RFP will stipulate the number of copies required and the method for submittal. The RFP must be turned into the Town’s Purchasing Department. Typically, a Contractor will be required to meet federal guidelines and show current proof of insurance coverage and licensure. Once the Town’s Purchasing Department has received the RFP, it will be forwarded to the Community Services Division (CSD) program staff to ensure all information has been correctly submitted, the Contractor meets all programmatic guidelines and regulations, and be accepted as a qualified Contractor for the specific RFP.
B. Requirements The following requirements must be met and supporting information must be submitted with the Bid documents. The RFP will provide a complete list of documents to be submitted including any additional documents needed:
• Possess a valid State General Contractor’s License and Qualified Business License in his/her own name and submit a copy with the application. • Be registered with the Town Building Department in active status. • Provide three written references from customers, sub-contractors, or material supply houses. • Provide a copy of contractor liability insurance. • Provide a copy of workers compensation insurance or exemption. • Be free of any substantiated complaints or violations during the prior two years. • Maintain a consistent record of passed inspections with no lengthy construction delays during the past two years. • Have pulled permits and built or rehabilitated at least three homes within the last two years. • Neither contractor, nor their listed subcontractors are eligible to receive grant funds if the contractor or subcontractor is listed on the federal Excluded Parties List. Contractor must be registered on SAM.gov. Developers, general contractors and sub-recipients must ensure that all sub-contractors are 8
checked on the federal’s government’s electronic web-based system through the System for Award Management (SAM) website Sam.gov. Contractors that are listed on the Excluded Parties List System as entities that are debarred, suspended or otherwise declared ineligible from receiving Federal grants. • Contractors who have recently received their license will still be considered. It is the responsibility of the Contractor to keep all licenses, certifications, and other required items that expire up to date with the Town. Any Contractor with an expired license, certificate, proof of insurance, or other expired document will automatically be suspended from the Pool until an update is submitted. The Town is not responsible for notifying Contractors of information about to expire.
VI. Bid Process A. Invitation to Bid An Invitation to Bid is generally sent to an approved Pool of Contractors via a Microsoft Office Meeting Request. The Invitation to Bid document attached to the meeting request may include the property or site location, simple description of the scope of work, date, and time of the scheduled Pre-Bid Walkthrough, question and answer period, bid response date, and bid opening date. All Contractors must respond to the Invitation to Bid/Meeting Request. If a Contractor does not respond to the Invitation to Bid/Meeting request within 24 hours of the Pre- Bid Walkthrough, it will be understood that the contractor is declining to bid on that project and will not attend at the Pre-Bid Walkthrough.
In the event the Pre-Bid Walkthrough is mandatory, the Contractor must attend and sign-in at the Pre-Bid Walkthrough to be eligible to bid. The invitation, advertisement, or Notice of Bid will contain the requirement of mandatory participation in the Pre-Bid Walkthrough.
B. Pre-Bid Walkthrough The Pre-Bid Walkthrough is the opportunity for the Contractor to meet with Town staff, ask questions to clarify anything related to the SOW, view the project site, and take measurements on the interior and exterior of the structure for accurate preparation of their bid. Changes, additions, deletions, corrections, and refinement of work details or the scope may be noted during this Pre-Bid Walkthrough; any revisions to the SOW will be formally published before the bid due date. Details specific to the project and any federal requirements such as Davis-Bacon wages, etc. will be discussed with the attending Contractor Pool.
The Pre-Bid Walkthrough will start promptly at the time specified. Any contractors who arrive late may miss important information that may be provided on site by staff. Contractors are required to sign in; Contractors who do not sign
9
the attendance sheet will not be eligible to bid. Please do not arrive early to begin your examination of the project.
Any Contractor accepting the Invitation to Bid who does not attend the Pre- Bid Walkthrough must submit in writing the reason they did not attend. Non- attendance at a Pre-Bid Walkthrough for which a Contractor has accepted the invitation may result in the Contractor’s removal from the Pool of Contractors at the discretion of the CSD Manager.
All Contractors attending a Pre-Bid Walkthrough must submit a bid. Any Contractor attending the Pre-Bid Walkthrough who does not submit a bid must submit in writing the reason for not submitting a bid. Non-submittal of a bid after attending the Pre-Bid Walkthrough may result in the Contractor’s removal from the Pool of Contractors at the discretion of the CSD Manager.
A Question & Answer (Q&A) period will be announced in the Pre-Bid Invitation. All questions related to the SOW including changes to specifications and materials must be submitted during that period. An answer to all questions posed at the Pre- Bid Walkthrough as well as those submitted during the Q&A Period will be sent to all Contractors attending the Pre-Bid Walkthrough so that all Contractors are preparing their bids based on the same information. Any changes or addendums to the SOW identified during the Pre-Bid Walkthrough and/or the Question & Answer period will be sent to all Contractors attending the Pre-Bid walkthrough along with the answers to questions posed at the end of the Q&A Period. Please use this final SOW document to submit your bid. Once the work is awarded, there will be no changes made to the work write up unless required by the building department. Failure to bid according to the final SOW may be just cause for disqualification of the Contractor’s bid at the discretion of the CSD.
C. Bid Proposal Submittal For single-family projects, the Contractor’s bid/proposal must be submitted on the provided SOW form. The Contractor shall provide line item prices for each item specified on the work write-up; profit and overhead must be added at the end. DO NOT ADD PROFIT AND OVERHEAD TO THE LINE ITEMS. All prices must be typed or printed legibly in blue ink (illegible proposals will be disqualified.) Sign the work write-up with blue ink. If you make a mistake on the bid/proposal, please initial the change prior to submitting your bid. It is your responsibility to remain informed about permit fees, material costs, and other requirements that might increase the cost of your work. Once you submit your bid proposal, you are bound to the price that is stated on your bid proposal. The bid proposal will become part of the construction contract.
For Multi-family projects, the Contractor shall list on the bid sheet, in detail, all specifications of materials to be used, and the scope of work to be performed. 10
Specifications are required for, but not limited to paving, concrete, landscaping, plumbing, electrical, HVAC, windows, doors, hardware, flooring, painting, insulation, ceramic tile, cabinets, counter tops, appliances, mirrors, etc. This will ensure that Contractors are bidding based on the use of similar or like materials and scope of work. It also eliminates any misconceptions between the Town, Homeowner, and the Contractor as to what they will/will not expect from the contract. The Contractor agrees that he/she has prepared the contract proposal and that the contents are consistent and accurate as to the name of the Contractor, SOW, and the price of the contract. The Contractor acknowledges the performance requirement established in the SOW and or contract, and warrants that all work undertaken will conform to said specifications.
All bids must be submitted in a sealed envelope. The envelope should have the words “Sealed Bid” written on the outside of the envelope. Include on the envelope the company name, property address, client’s name, client case number, bid identification number (if applicable) and date & time of the bid opening. Return your completed bid/proposal before the bid opening date and time. All bids will be stamped with the time and date of submittal when they are turned into the CSD. Late proposals will be returned unopened and will not eligible for award.
For model or materials not specified, prices should reflect replacing and installing new items that match existing in quality and style. If a model is specified you will be expected to install that model or product number. You may not deviate from the product specified without written authorization from the Town. All questions related to job specifications should be cleared prior to submission of bid/proposal by contacting the Community Services Manager during the Q&A Period (as described above in III. B.) who will provide direction via an email sent to all potential bidders.
A submitted bid is a legally binding offer. Contractors may recall a bid up to 30 minutes before the bid opening time. Any Contractor refusing to honor submitted bid prices/refusing to execute a construction agreement may be removed from the qualified Contractor pool at the discretion of the CSD Manager.
Contractors who attend a Pre-Bid Walkthrough must present a bid, or provide written justification for failure to do so. Failure to submit a bid or justification after attending a Pre-Bid Walkthrough may subject the Contractor to removal from the qualified Contractor Pool at the discretion of the CSD Manager.
D. Contract Award The Procurement Office and/or the Community Services Division staff (Staff) representative and/or any other Department or agency involved or designee will review the bids/proposals to ensure that all mandatory work is included, conforms to program specifications and the cost is reasonable for the project. Estimates that 11
are illegible, unresponsive, unreasonable, inaccurate, incorrectly totaled, unsigned, or submitted in pencil may be rejected at the option of the Town.
Contractors are not authorized to begin work until they receive a “Notice to Proceed” which will be provided by CSD or other Town authority.
Contractors experiencing delays in completing work within the required deadline will not be awarded additional work until the delayed projects have been completed to the satisfaction of the Town. Contractors who experience delays on three (3) successive projects may not be considered for additional projects at the discretion of the Town, unless the delays are caused by factors beyond the Contractor’s control.
The following criteria will be used to determine the winning bid:
1. The bid is the lowest responsible bid. 2. Bid amount does not exceed 20% above or 20% below the estimated bid price as determined by assigned Town staff. 3. The bid is mathematically correct. 4. The Contractor with the lowest bid does not already have an outstanding contract. 5. In the event of a tie bid, the award will be given to the first bid submitted according to the time stamped on the bid enveloped when received. 6. Prior performance of the Contractor.
Contractors that provide the lowest bid on several simultaneous projects may only be awarded one project at a time until satisfactorily completing one project. Two or more simultaneous projects may be awarded based on program need as determined by the CSD and demonstrated company capability on a case-by-case basis. Criteria utilized to determine company capability are outlined blow in E. 1-5.
E. Subcontractors If the Contractor employs subcontractors, the Contractor must hire subcontractors that are licensed and insured as required by law. Subcontractors hired shall be subject to the same requirements that apply to the Contractor awarded the work. The Contractor shall ensure that all applicable provisions are included in their contracts with the respective subcontractors. The Contractor shall not hire the Owner or any family member of the Owner to perform work on the property to be paid under this Contract.
F. Closing / Contract Signing The Town of Davie will schedule the Closing meeting and will determine the time and location. The Town of Davie will notify the Owner and Contractor of the date and time of the Closing. All contractor’s licenses and insurance shall be up to date prior to the Closing.
12
At the Closing, the Town of Davie will review the terms of the contract between the Contractor and Owner; the contract between the Owner and the Town of Davie; the Truth-in-Lending Statement; the mortgage and note for rehabilitation assistance; and any other documents to be executed by the Town of Davie, Owner, and/or Contractor. The Contractor shall provide a list of all subcontractors that are scheduled to perform work on the job in the form provided by the Town of Davie. The meeting should address important items such as storage and protection of the owner’s personal items, who pays for utilities, the prohibition against the contractor performing work outside the scope of work authorized, the process for change orders, and clarification of whom the owner and contractor should contact in the event of a dispute.
This meeting may take from 1 to 2 hours depending on the detail of the work to be performed. Contractors are encouraged to bring samples of paint colors, Formica, tiles, fixtures, roof shingles and other materials to the closing for selection by the Owner. This is also the Contractor’s opportunity to ask clarifying questions related to the project, provide contact information to the owner, and discuss working hours and the order of the work to be performed.
The Contractor will be provided with a Notice to Proceed at the Closing. Contractors are not authorized to begin work until they receive a Notice to Proceed.
G. Multi-Family and Rental Rehabilitation These projects will be awarded to those Contractors who have demonstrated company capability to work on two or more projects simultaneously and have demonstrated above average performance as described below:
1. Projects are completed on time 2. Projects consistently pass inspections 3. Warranty service is promptly taken care of within three business days for non-emergencies, within 24 hours for emergencies 4. Positive homeowner evaluation reports 5. Positive Staff and/or other Town staff Contractor Performance Evaluation reports
H. Reconstruction Contract Reconstruction projects require demolition of the existing structure and the development of a new home on the existing site. The Contractor bid must include all soft and hard costs required until the issue of a Certificate of Occupancy. Costs include but are not limited to site reports, surveys, architectural drawings, temporary utilities, grading and filling, and all related construction and development costs. Contractors allowed to bid on reconstruction projects must have developed at least one project demonstrating experience in single family development. All work must be completed within the time frame specified in the bid. The Contractor must work with a licensed and insured architectural firm to complete the project. 13
VII. Payment and Contract Performance A. Payment Schedule Rehabilitation Projects will consist of one (1) payment in full at the satisfactory completion of the project, unless otherwise noted. It is the Town of Davie’s policy to make all payments within 30 days. The Owner agrees to pay the Contractor in accordance with the following draw schedule for contracts from $15,001- $40,000: First Draw: 35% Second Draw: 35% Final Draw: 30%
Payments for other projects will be based on the amount of work completed as described in the work write-up. Payments can be made for work items 100% completed and for which permit has received final approval. A release of lien and Contractor warranties must also be submitted before payment will be processed.
B. Contractor Payments Payments to the Contractor will be made by the Town in accordance with Section A. above. The Contractor is required to complete and submit the Contractor Payment Request form along with the Contractor’s Invoice on company letterhead to the appropriate Town representative. The Contractor’s Invoice must be itemized reflecting the line items in the Scope of Work and any Change Order executed. When submitting for a rehabilitation project, the Contractor will obtain the property owner’s dated signature on the Payment Request before submitting it to the appropriate contracting CSD representative.
Lien Waivers will be signed by the Contractor before a draw or payment is released. This will be required for every draw or payment, without exception. All required Town inspections must be made before a draw or payment is released. This includes, but is not limited to an inspection by the appropriate CSD representative as well as the appropriate Building Department inspector(s).
The Final Draw will be held until the following items have been completed:
1. All required inspections have been completed and passed by the Building Department. 2. A Final Inspection or Certificate of Occupancy has been issued by the Building Department for new construction or rehabilitation. 3. The Punch List items have been completed. 4. A final inspection has been completed by CSD. The Homeowner, Community Services Manager (or other Town Staff member), and the Contractor have signed the Final Walkthrough/Inspection form stating that the project is 100% complete. 14
5. A Final Release of Lien has been signed by and received from the Contractor. 6. All Final Releases of Lien have been signed by and received from subcontractors. 7. Copies of all permits have been received. 8. All warranty information – inclusive of the Contractor’s Warranty and product warranties – has been provided to CSD and Homeowner. 9. The construction site is clean and ready for occupancy.
C. Payment Reduction The Town reserves the right to decline payment or reduce the amount of a draw to such an amount as is necessary to protect the Town and/or homeowner from loss or to recover the cost incurred to correct or complete the specified work because of, but not limited to the following:
1. Defective work not corrected 2. Third-party claims filed or reasonable evidence indicating probable filing of such claims 3. Failure of the Contractor to make proper payments to sub-contractors, laborers or material suppliers 4. The amount of work completed is not enough to constitute a draw or payment.
When the above conditions have been corrected or resolved, payment shall be made to the Contractor.
D. Change Orders The Contractor agrees that no alteration of materials or labor described in the original SOW shall take place unless in writing and mutually agreed upon by the CSD’s representative and the Contractor. Single-family projects must include agreement in writing by the Homeowner. All changes must be submitted on the Change Order form provided within this Manual, signed and dated by the CSD Manager, Homeowner, and Contractor in a single-family project. Any changes made will be bound by the contract and incorporated into the project subject to the same requirements, policies, and procedures as described above.
E. Suspensions and Disqualifications Contractors will be suspended or disqualified from participation in the programs for any of the following conditions:
1. Self imposed A Contractor may disqualify him/herself before contract signing for conflicting work contracts or personal hardship or other documented disqualifying reasons. A Contractor may suspend their membership in the
15
Contractor Pool for a period of time by submitting a letter to the CSD office stating the reason for their desire to suspend their membership. A Contractor who suspends their membership voluntarily must submit a letter to reactivate their membership in the Pool and must ensure all documents in their file are up to date. 2. Insurance Violations If at any time a Contractor fails to have required insurance, he/she will be automatically suspended until proof of insurance is provided. The Contractor must have insurance at all times. Any changes in coverage must be reported to the Town’s CSD and Building Department in writing within five (5) working days of such said change, including renewals. 3. Business & Professional License Violations Any Contractor who has a license suspended, revoked, rejected, or inactivated will be automatically disqualified. All license renewals must be current and a copy provided to CSD and, if required, to the Building Department. All Contractors must submit copies of renewed licenses to CSD within five (5) working days of renewal. 4. Failure to Honor Warranties Any Contractor who fails to honor a warranty from a previous contract will be barred from future bidding for one (1) year and will be required to reimburse the Town for the cost of any work performed by another Contractor to correct the warranty work. 5. Default If a Contractor defaults or does not complete an assigned project, he/she will be disqualified indefinitely from participating in any programs through the Town. 6. Willful Misconduct Willful misconduct by a Contractor, the Contractor’s employees, or sub- contractors while engaged in Town project work will not be tolerated. The Contractor may be disqualified from the program for allowing behavior such as, but not limited to criminal convictions, theft, lewd or lascivious acts, foul language, public intoxication, illegal drug use, willful destruction of the Town’s or Homeowner’s property, or abusive behavior towards the Homeowner or Town staff. 7. Payment Delinquency Failure to pay sub-contractors or material suppliers automatically disqualifies the Contractor from the program. 8. Kickbacks/Price Fixing Any evidence of kickbacks or price fixing by or between Contractors, their employees, officers, owners, agents, partners, representatives, or any other affiliate will automatically disqualify the Contractor indefinitely. 9. Brokering of Work
16
No person shall broker any Town Construction Contract to another licensed or unlicensed Contractor. Anyone caught brokering work or receiving a brokered contract will be immediately suspended and possibly be disqualified indefinitely from participating in any work program through the Town. 10. Contractor Negligence Contractors that do not adhere to building codes, construction industry standards, contract specifications, and material requirements will be dismissed. The contract will be awarded to another Contractor. 11. Excluded Parties List System (EPLS, SAM.GOV) Developers, general contractors and sub-recipients must ensure that all sub-contractors are checked on the federal’s government’s electronic web- based system through the System for Award Management (SAM) website Sam.gov. Contractors that are listed on the Excluded Parties List System as entities that are debarred, suspended or otherwise declared ineligible from receiving Federal grants. F. Lien Waivers The Contractor shall protect, defend, and indemnify the Town and the Homeowner during a rehabilitation project from all claims of unpaid work, labor, or materials. The Contractor must sign a Release of Lien prior to receiving any payments. This will be required of the Contractor at every draw request; no exceptions will be made. It is the Contractor’s responsibility to obtain Release of Liens from its sub- contractors, material suppliers, and any other affiliates associated with said project.
G. Inspections Community Services Manager reserves the right to inspect for approval all work performed by the Contractor and will visit the worksite without notice at their discretion throughout the work period. A scheduled inspection is required prior to receiving a draw or payment. The Contractor will schedule an inspection twenty- four (24) hours in advance by calling the assigned CSD representative. The Contractor will be notified with the outcome of the inspection within twenty-four (24) hours.
It is the responsibility of the Contractor to call the Building Department for all permit inspections; the Contractor will notify the CSD representative 24 hours prior to the inspection.
H. Performance All work performed must be done in a workmanlike manner. Where a Contractor fails to perform in a workmanlike manner, the Contractor will be afforded the opportunity to correct deficiencies as provided by law. If the Contractor is unable or unwilling to correct deficiencies (defaults), the next lowest-bidding Contractor
17
will be offered the opportunity to complete the work scope. If additional costs are incurred to effect remedies, the measure of damages is the cost to repair the damage to the condition contemplated by the parties at the time of the contract. Damages will be the responsibility of the defaulting Contractor.
VIII. Project Responsibility A. Town Responsibility The Town prepares bid packages, awards bids, inspects construction, and makes payment on behalf of itself or the homeowner for a rehabilitation project. In the case of a NSP developer, that entity will conduct the above activities and will make payment to the general contractor and then request reimbursement from the Town.
B. Construction Agreement The Agreement for construction services is between the Contractor and the Town or the Homeowner or a developer in the case of the NSP program for single-family rehabilitation projects.
C. Contract Signee Only the authorized Town representative, property owners, the License holder, or the Financially Responsible Officer of the Contractor or corporate officer duly authorized by resolution may sign contract documents.
D. Access to Property All parties involved in the construction process shall have access to said property during normal business hours. Normal business hours are defined as Monday through Friday, 8:00 AM to 5:00 PM. In the event that the Homeowner continues to occupy the property during rehabilitation construction, a time of operation will be established between the Homeowner and the Contractor.
E. Utilities The Contractor shall obtain direction from CSD regarding the availability of existing utilities for neighborhood improvement contracts. When existing utilities are available regarding rehabilitation contracts, the Homeowner will provide use of water and electricity at no cost to the Contractor, unless otherwise noted. It is the Contractor’s responsibility to locate and mark all utilities prior to the start of construction.
F. Debris Disposal The Town of Davie has an Exclusive Solid Waste Franchise Agreement with Waste Management Inc. of Florida for the collection and disposal of all solid waste including construction and demolition (C&D) debris as defined within Florida Statutes Chapter 403. All Contractors performing construction work for the Town
18
of Davie shall be subject to the requirements found in the Town’s exclusive solid waste franchise agreement and must contract with Waste Management for the collection and disposal of all construction and demolition debris generated at such construction job sites.
G. Equipment Storage The Contractor and sub-contractors will be solely responsible for the security of their equipment, tools, and materials on the construction site. The Homeowner, Town, its employees, or affiliates will not be held liable for any losses or damages sustained during the construction project. The Contractor shall not store equipment and materials on said property that is not used for the work described in the contract.
H. Personal Property Personal property belonging to the Homeowner that remains on the construction site shall be protected and preserved throughout the duration of the project. The Contractor shall hold harmless the Homeowner and Town for any damages created by the Contractor or his/her affiliates during construction.
I. Property Damage The Contractor will be held liable for all property damage caused by his/her employees, sub-contractors, equipment, tools, material suppliers, or any other affiliates contacted by the Contractor to do business on the construction site. The Contractor shall make every effort available to avoid damages to the construction site and/or Owners property at all times. Any damage sustained to the property or its contents must be reported immediately to CSD’s representative and/or Homeowner for rehabilitation projects.
J. Permits and Impact Fees The Contractor will secure, at his/her own expense, all necessary permits, impact fees, notice of commencement, etc., required to perform the work as described in the contract. No work shall commence without the required permits and Contractor must ensure that his/her subcontractors do the same. The signed Scope of Work must accompany all Permit Applications to the Davie Building Department.
K. Warranties The Contractor agrees to warrant all labor and materials used during construction for the period of one year from the date of completion. All extended warranties beyond one year shall be provided to the Town or Homeowner at the completion of the contract. These warranties will consist of neighborhood improvement equipment, concrete, paving, etc., as well as appliances, HVAC, plumbing fixtures, electrical fixtures, windows and doors, hardware, paint, flooring, cabinets, etc. If a warranty issue should arise within one year, the Contractor is expected to respond
19
within seventy-two (72) hours for non-emergency and within twenty-four (24) hours for emergencies to resolve the issue. If the Contractor fails to respond to and remedy a warranty issue, he/she will be disqualified from the program for a period to be determined by the CSD Manager, and must reimburse the Town or Homeowner for any work contracted to correct the warranted work.
L. Disputes All unsettled claims or disputes between the Town or Homeowner and the Contractor arising out of or related to work under a rehabilitation project shall be submitted to arbitration under the laws governed by the State of Florida. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement, and shall be made within a reasonable time after a dispute has arisen. The award rendered by the Arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The prevailing party may be entitled to recover all costs, including reasonable attorney’s fees.
M. Room Completion – Rehabilitation As the Contractor completes areas during Rehabilitation, the Homeowner may use that area for their personal use. If any damages occur to a completed area occupied by the Homeowner during rehabilitation, the Homeowner will be held liable for such damages.
IX. Contractor Quality & Standards A. Licenses Contractors must possess a valid State of Florida General Contractor’s License and Qualified Business License or Occupational License if applicable. A current copy of the Contractor’s license must be on file with the Town Building Department and the Town of Davie’s Community Services Division. Any changes, including renewals, must be submitted within five (5) working days of such said change. Any violations or discipline against the Contractor must be reported in writing to the Town of Davie’s Community Services Manager within five (5) working days.
B. Insurance The Contractor agrees to carry adequate insurance coverage for liability and workers compensation as required by state law and the Building Department. Any changes in insurance coverage, including renewals must be provided in writing within five (5) working days to CSD and the Building Department. It is understood that any sub-contractors hired or working with the Contractor must have adequate insurance coverage for liability and workers compensation. The Contractor must provide a Certificate of Insurance to CSD and submit any changes 20
or renewals as well. Adequate liability and workers compensation insurance will be provided as follows:
1. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, Products & Completed Operations with minimum limit of $1,000,000, Personal and Advertising Injury with minimum limit of $1,000,000. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
2. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 per person and $1,000,000 per occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. When applicable, the Davie Community Redevelopment Agency must be shown as an additional insured with respect to this coverage. The mailing address to the Davie Community Redevelopment Agency is 6591 Orange Drive Davie, Florida 33314.
3. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Must include Employers’ Liability with a minimum limit of $100,000 each accident, Disease each employee minimum limit of $100,000, Disease policy limit of $500,000. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the Town harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement detailing the number of employees and that they are not required to carry Worker’s Compensation insurance, and do not anticipate hiring any additional employees during the term of this contract or a copy of a Certificate of Exemption.
21
C. Communication The Contractor is responsible to communicate to the Community Services Manager assigned to the project all milestones regarding the project completion. Milestones include but are not limited to date of work commencement, date of all inspections, and date of work completion. Failure to communicate can result in suspension from the Contractor Pool.
The Contractor is responsible for communicating with the property owner information about the work he is performing, permits, project milestones, warranties, work scheduling, issues that arise throughout the project, and any other information that affects the homeowner and the project.
Effective, timely communication is a requirement of the Contractor and will be evaluated by the Community Services Manager and homeowner at the end of the project.
D. Coordination of Work The Contractor is responsible for the coordination of all work described in the contract. He/she agrees to schedule all work in the proper order for the operation of all trades, material, and workers engaged in the contract. For a rehabilitation project, it is agreed that no exterior work, such as re-roofing, will be performed during adverse weather conditions that would cause damage to the Homeowner’s property.
E. Codes The Contractor will comply with all building and code regulations and ordinances required by the Building Department. The Contractor will not be held responsible for pre-existing violations of code or building laws except where corrections of such violations are required within the scope of the contract. It is the Contractor’s responsibility to stay informed of all changes to the building code and the Town and Broward County ordinances.
F. Material Quality The Contractor must furnish all materials necessary to complete the contract. All materials used and installed must be new and of quality specified in the SOW and this document. Any materials used other than what is in the SOW must be approved by CSD’s representative in writing before installation. All materials used by the Contractor are subject to inspection.
G. Labor Quality All labor furnished by the Contractor or sub-contractor must be performed in a workmanlike manner by skilled, trained professionals. Tradesmen, when required by municipal, county, or state law, shall be licensed. All work performed by the Contractor and his/her associates will be inspected by authorized Town personnel 22
and is expected to conform to the contract, building codes and professional work ethics. The Contractor shall be responsible for the workmanship and conduct of his sub-contractors.
H. Safety The Contractor agrees to keep the construction site a safe working environment at all times. All trash and debris will be picked up during the course of work, as well as tools and equipment when applicable, to insure safety for the workers and Homeowner when applicable. Chemicals and flammables such as paints and solvents shall be removed daily, or locked in a secure location, to prevent accidents.
I. Cleanup The Contractor agrees to keep the construction site cleared of trash and construction debris, cleaning site on a daily basis. Contractor will provide a dumpster or other approved receptacle at his/her cost in accordance with the Town’s solid waste franchise requirements. For questions or details regarding this requirement, contact the Town’s Procurement Manager at 954-797-1016.
J. Completion Deadline The Contractor is required to complete all work within the time allowed as described in the contract agreement. Extensions may be granted to the Contractor for circumstances that are beyond his/her control such as weather delays, natural or national emergencies, documented personal hardships, etc. If the work is not completed on time, the Contractor may be required to pay liquidated damages and may be disqualified from future bidding. Liquidated damages will occur at the rate of up to two hundred-fifty dollars ($250) a day starting from the original completion date. CSD will determine any discipline against the Contractor on a case-by-case basis. Contractors that experience delays due to inclement weather, natural disasters, or factors outside their control must request an extension of time in writing that must be approved by the Town. The Homeowner and CSD must approve any extensions during the performance of a rehabilitation project.
K. Hold Harmless The Contractor shall agree to defend, indemnify, and hold harmless the Town and the Homeowner, from liability and claim for damages because of bodily injury, death, property damage, sickness, disease, theft, or loss and expenses arising from the Contractor’s performance under the agreement for neighborhood improvements or to install or construct home improvements. The Contractor is acting in the capacity of an independent Contractor with respect to the Town and the Homeowner.
23
L. Regulations Contractors must comply with all federal, State, County, and local statutes, regulations, ordinances, and policies for all projects. Federally funded projects require compliance with the Davis-Bacon Act and all other applicable laws and regulations. Contractors, who have been debarred from working in federally funded projects, cannot participate in Town programs.
M. Evaluation At the end of all projects, the Program Specialist assigned to the project as well as the owner of the property will evaluate the Contractor and the work completed. The evaluation of the Contractor will reflect the work of his staff and subcontractors. Negative evaluations will influence the Contractor’s ability to bid on future projects.
X. NSP3 1-4 Dwelling Unit Housing Rehabilitation Standard (CABO)
A. Mission and Housing Values Mission Statement: The Town of Davie’s mission is “to eliminate neighborhood blight through renovation and demolition while providing low -income families with safe, secure and affordable homes.” The ranking of primary considerations from the program’s mission is as follows: 1. Health and Safety 2. Performance and durability 3. Life cycle cost 4. Affordable operating cost 5. Balanced initial cost 6. Environmental impact 7. Historically sensitive exterior
B. Applicable Laws and Regulations The Town and all developers under contract to the Town will construct and maintain homes in full compliance with the following statutory and regulatory requirements:
• HUD Environmental Review • Building Code: FBC- Florida Building Code • Electrical Code: NEC- National Electrical Code • Housing Code: Chapter 10, Article 4 of the Code of Ordinances • Federal Housing Code: Housing Quality Standards • Life Safety Code: Life Safety Code • HAZMAT: HUD requirements for specific programs • ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 745- (Lead 24
Based Paint)
Developers will seek guidance and strive to conform to the following codes if financial resources are available for a specific project:
• Energy: ENERGY STAR® • Accessibility: FBC- Florida Building Code Chapter 11 • HAZMAT: HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing • Building Code: CABO 1-4 Unit Dwelling Code • Exceptions: On a case-by-case basis, deviations from the minimum requirements of this standard will be permitted with approval of the appropriate local agency If NSP3 funds are spent to provide financial assistance, at a minimum, the following overall parameters must be met by developers and the contractors: All gut rehabilitation or new construction up to three stories must meet the Energy Star Qualified New Homes standard. Where relevant, housing must be improved to mitigate the impact of disasters. All gut rehabilitation or new construction of mid- or high-rise multi-family housing must meet ASHRAE 90.1-2004, Appendix G plus 20% (which is the Energy Star standard for multifamily buildings piloted by the EPA and DOE). Other rehab must meet these standards to the extent possible, e.g. through use of Energy Star products to replace older obsolete products and appliances, and use of water-efficient fixtures such as the WaterSense label. Compliance with disabled accessibility standards of 24 CFR Part 8 must be incorporated into rehab standards. Any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any 0-bedroom dwelling, will be tested for lead based paint prior to the start on any construction created by renovation, repair, and painting activities that may disturb lead-based paint.
25
Lead Based Paint (LBP)
Repair Standard Minimum Life 5 yrs. For all houses constructed prior to 1978 - four (4) floors, two (2) window sills and two (2) window troughs (all randomly selected) plus a blank sample must be submitted to an EPA-accredited lead analytical laboratory and the dust samples must pass a dust wipe test for lead content as per the protocol in the HUD Guidelines. Lead-safe work practices must be followed, and only certified abatement contractors used to perform the work when the value of the work exceeds $25,000. See: http://www.hud.gov/offices/lead/lbp/hudguidelines/
Replacement Standard Minimum Life 20 yrs. When stabilization of surfaces containing LBP is impractical, the most affordable solution for abatement of the component will be chosen. Walls containing LBP may be covered with drywall or gutted and replaced with drywall. Trim and other wood or metal components containing LBP may be removed and replaced with similar materials. Lead-safe work practices must be followed, and only certified abatement contractors used to perform the work.
C. Health & Safety
Contaminants
Repair Standard Minimum Life 5 yrs. NA
Replacement Standard All materials installed will meet the following standards to minimize the presence of Volatile Organic Compounds (VOC) and Formaldehyde:
• All paints and primers must meet the most recent Green Seal G-11 Environmental Standard. Http://www.greenseal.org/certification/standards/paints_and_coatings.pdf • Adhesives must comply with Rule 1168 of the South Coast Air Quality Management District. http://www.aqmd.gov/rules/reg/reg11/r1168.pdf • All caulks and sealants, including floor finishes, must comply with regulation 8, rule 51, of the Bay Area Air Quality Management District. • All particleboard components will meet ANSI A208.1 for formaldehyde emission limits, or all exposed particleboard edges will be sealed with a low-VOC sealant or have a factory-applied, low-VOC sealant prior to installation. All MDF edges will meet ANSI A208.2 for formaldehyde emission limits, or all exposed MDF edges will be sealed with a low-VOC sealant or have a factory-applied, low-VOC sealant prior to installation.
26
Asbestos
Repair Standard Minimum Life NA Non-friable intact Asbestos materials that are not creating a hazard such as cementitious exterior wall shingles may be left intact and painted if appropriate. Asbestos-resilient floor tiles may be labeled as such and covered with underlayment and new resilient flooring.
Replacement Standard Minimum Life NA Friable asbestos components such as boiler or pipe insulation, badly deteriorated cementitious shingles or deteriorated flooring will be removed and, if necessary, replaced with non-hazardous materials.
Radon
Repair Standard Minimum Life 5 yrs. All housing in this program will be subject to a “Short Term” Radon Test, and if the result is a reading of 4 pCi/L or higher, a follow-up “Short Term” test will be performed. When a second test is required, average the results. If the average is above 4 pCi/L, remediation will be required.
Replacement Standard Minimum Life 20 yrs. If, as a result of the testing above, there is a presence of Radon at or above the 4 pCi/L level, remediation will be undertaken per the EPA guidance in their Consumer’s Guide to Radon Reduction. Http://www.epa.gov/radon/pubs/consguid.html
Mold
Repair Standard Minimum Life NA Any presence of mold is unacceptable and must be addressed per the National Center for Healthy Housing protocol “Creating a Healthy Home.” http://www.nchh.org/Portals/0/Contents/FloodCleanupGuide_screen_.pdf
Replacement Standard Minimum Life NA All carpeting, drywall or other gypsum-based wall coverings or any other non- structural components with mold present will be removed and replaced. The National Center for Healthy Housing protocol “Creating a Healthy Home” will be followed for remediation of structural components.
27
Fire Safety - Egress
Repair Standard Minimum Life NA NA
Replacement Standard Minimum Life NA Egress windows are required in all new sleeping and living areas unless other secondary means of escape requirements are met. The minimum dimensions for egress window clear openings are 20” wide by 24” tall, with a clear opening of 5.7 square feet. No bedrooms should be created in attics or basements unless Life Safety Code egress requirements are met.
Fire and CO Alarms
Repair Standard Minimum Life 5 years Existing fire and smoke and carbon monoxide detectors that meet code will be repaired to operating condition. Directly wired smoke detectors are required on each dwelling floor, immediately outside all sleeping areas and in all bedrooms. CO detectors are required when fuel-burning furnaces and water heaters are present and/or when there is an attached garage or carport.
Replacement Standard Directly wired smoke detectors are required on each dwelling floor, immediately outside all sleeping areas and in all bedrooms. CO detectors are required when fuel- burning furnaces and water heaters are present and/or when there is an attached garage or carport.
D. Site
Grading
Repair Standard Minimum Life NA The grade shall be maintained a minimum of 6” below the finish floor level, and provide sufficient slope away from the foundation to prevent moisture issues.
Replacement Standard An engineer shall be engaged when necessary to design an appropriate storm water management strategy.
28
Outbuildings
Repair Standard Minimum Life 1 yr. Unsafe and blighted structures, including outbuildings, will be removed if it is not financially feasible to complete the repairs required to make them structurally sound and leak free with lead hazards stabilized.
Replacement Standard Replacement of outbuildings is not permitted with the exception of structures for water heaters or hurricane shutters.
Fencing
Repair Standard Minimum Life 3 yrs. Repairs to existing fencing around pools or existing fencing that screens a property from streets with heavy traffic (such as ______streets) is approved.
Replacement Standard Replacement of deteriorated fencing around pools with “Pool Barrier Fencing” is approved.
Paving And Walks
Repair Standard Minimum Life 5 yrs. Badly deteriorated paved driveways shall not be repaired.
Replacement Standard Essential walks and drives shall be replaced with concrete. Badly deteriorated paved driveways shall not be patched. A new 1-1/4” asphalt overlay may be applied to driveways that appear structurally sound.
Trees and Shrubbery
Repair Standard Minimum Life 5 yrs Trees that are dead, dying, or hazardous will be removed. Removal will include cutting close to the ground, grinding of the stump to 12 inches below the finished grade, installation of topsoil and re-sodding. Trees that have the potential to cause
29
structural damage to a structure or may be considered a hurricane hazard may be removed.
Replacement Standard Replacement trees and shrubs are permitted if economically feasible and must be selected from the State Extension Service list of local, drought-resistant and non- invasive plant materials. In placement of trees, attention should be paid to shading the house to reduce air conditioning costs. Also, trees should be located a sufficient distance from foundations, sidewalls, walkways, driveways, patios and sidewalks in order to avoid future damage from root growth and branches brushing against the structure. Setbacks from structures should typically exceed half of the canopy diameter of a full-grown example of the species. Any “Native” trees installed by this program shall be clear of all structures and overhead utilities (no closer than 15’) Native trees shall be those trees currently approved by the Town forester.
Lawn
Repair Minimum Life 1 yrs. Standard
A maximum of 100 SF of bare earth will be permitted. Either Bahia or Floratam sod will be installed to cover excessive areas of bare earth.
Replacement Standard Wholesale replacement of lawn grasses is not allowed, over-seeding is permitted with State Extension Service-recommended, drought-resistant varieties such as Tall Fescue.
E. Exterior Building Surfaces
Exterior Cladding
Repair Standard Minimum Life 10 years Buildings designated as historic will have existing wood siding repaired in kind. New exterior wood will blend with existing and will be spot-primed and top-coated in a lead-safe manner. Siding and trim will be intact and weatherproof. All exterior wood components will have a minimum of two continuous coats of paint, and no exterior painted surface will have any deteriorated paint.
Replacement Standard New exterior wood trim shall without gaps, caulked, and shall be be primed and painted by roller and brush with two coats of Semi-Gloss or Gloss exterior paint. Wood siding or T-111 shall be replaced with stucco.
30
Exterior Porches
Repair Standard Minimum Life 5 years Unsafe or unsightly porches will be repaired to conform closely with historically accurate porches in the neighborhood. Porch repairs will be structurally sound, with smooth and even decking surfaces.
Replacement Standard Deteriorated porches shall be rebuilt with concrete or preservative treated wood.
Exterior Railings
Repair Standard Minimum Life 5 years Existing handrails will be structurally sound. Guardrails are required on any accessible area with a walking surface over 30" above the adjacent ground level. Sound railings may be repaired if it is possible to maintain the existing style. On historic structures, railing repairs will be historically sensitive.
Replacement Standard Handrails will be present on one side of all interior and exterior steps or stairways with more than two risers and around porches or platforms over 30" above the adjacent ground level, and will meet local codes. Handrails and guardrails shall be metal.
Exterior Steps and Decks
Repair Standard Minimum Life 5 years Steps, stairways, and porch decks will be structurally sound, reasonably level, with smooth and even surfaces. Repairs will match existing materials,
Replacement Standard New steps and stairways shall be concrete or masonry pavers.
Exterior House Numbers and Mailboxes
Repair & Replacement Standard Minimum Life 5 years
31
Every dwelling unit will have a mailbox with numbers from both directions, or mail slot, and (in addition to) minimum 4” high address numbers at the front door.
F. Foundations & Structure
Firewalls
Repair Standard Minimum Life 5 years Party walls and walls adjoining attached garages will be maintained without cracks and plaster deterioration and covered with 5/8" type X gypsum, glued and screwed to structure.
Replacement Standard When frame walls and floors adjoining other dwellings are gutted, new wall finish installations will conform to local requirements for fire ratings.
Foundations
Repair Standard Minimum Life 15 years Foundations will be repaired to be sound, reasonably level, and free from movement.
Replacement Standard Foundation replacements are beyond the scope of the program.
Structural Walls
Repair Standard Minimum Life 15 years Structural framing and masonry will be free from visible deterioration, rot, or serious termite damage, and be adequately sized for current loads. Prior to rehab, all sagging floor joists or rafters will be visually inspected, and significant structural damage and its cause will be corrected.
Replacement Standard New structural walls will be minimum 2" x 6", 16" OC. All exterior walls that are part of the building envelope (the air barrier and thermal barrier separating the conditioned space from the non-conditioned space) will be insulated with a minimum R-19 insulation and sheathed to code.
32
Additions
Repair Standard Minimum Life NA NA
Replacement Standard Minimum Life 60 years New additions are acceptable only when – for marketing and livability reasons – it is necessary to add additional bedroom space. Stamped plans must be submitted to the Town Building Official for review and approval. All standards for Exterior Building Surfaces, Roofing, Windows and Doors, Insulation and Ventilation, Plumbing, Electrical, HVAC apply.
G. Windows and Doors
Interior Doors
Repair Standard Minimum Life 5 years Baths and occupied bedrooms will have operating doors and lock sets.
Replacement Standard Hollow-core, pressed-wood product consistent with the style of existing doors including a privacy lock set.
Exterior Doors
Repair Standard Minimum Life 5 years Exterior doors will be solid, weather-stripped and will operate smoothly. They will include a peep site, a dead bolt, and an entrance lock set.
Replacement Standard Impact resistant ENERGY STAR (ES not required for unconditioned space) doors and doorjambs, peepholes, and dead bolt locks are required for all door openings. * Exception: an approved glazed door system with approved shutters may be used when there is alternate door opening that is impact rated.
Windows
Repair Standard Minimum Life NA
33
Operable windows shall have a locking devise and mechanism to remain partially open. Window panes shall not be broken and glazing shall be intact. Hurricane protection shall be provided where there is no protection or the current installation is older than 1994.
Replacement Standard Aluminum Single hung, horizontal slider, or casement window with screens meeting the current ENERGY STAR requirements for Region 4. (Currently a U value of 0.60 and a SHGC of 0.27.) Hurricane protection shall be provided.
H. Roofing
Flat and Low-Slope Roofing
Repair Standard Minimum Life 2 years Not permitted.
Replacement Standard Replace all damaged and deteriorated wood, Including any previous repairs that do not span 3 framing members. Re-nail existing sheathing to code using ring shank galvanized 10d nails. Apply one layer of fiberglass base sheet tin-tagged to code and hot mop two layers of Ply IV. Install hot modified bitumen cap sheet with ENERGY STAR rating.
Pitched Roofs
Repair Standard Minimum Life 5 years Missing and leaking shingles and flashing shall be repaired on otherwise functional roofs. Only when the (permitted) roof has not been subjected to a hurricane, is less than 5 years old and the repairs are covered by a 5 year leak free warranty available from a certified roofing contractor. Antennae will be removed.
Replacement Standard Replace all damaged and deteriorated wood, Including any previous repairs that do not span 3 framing members. Re-nail existing sheathing to code using ring shank galvanized 10d nails. ENERGY STAR Fiberglass, asphalt, dimensional class A shingles with a 130MPH wind rating. Certainteed Solaris, Elk Timberline Ultra HD or Owens Corning Duration Premium shingles are approved.
I. Insulation and Ventilation
34
Insulation
Repair Standard Minimum Life NA NA
Replacement Standard Minimum Life 20 years The envelopes of all homes of units will have a continuous air barrier and a continuous thermal barrier that is in contact with the air barrier. Attic areas will be insulated to R30. Frame walls will be insulated to R13 if the wall finish is removed. Masonry walls will be insulated to R4.2 if the wall finish is removed. Rim joists will be insulated to R19 with either foil-faced foam board or Class 1-rated spray foam. Crawl space walls shall be insulated with 1-inch, foil-faced polyisocyanurate foam board and a 6-mil plastic vapor barrier will be installed continuously over the ground to the sill plate with all seams sealed. The ENERGY STAR Thermal Bypass Inspection Checklist shall be referenced for each home. http://www.energystar.gov/ia/partners/bldrs_lenders_raters/downloads/Thermal_Bypa ss_Inspection_Checklist.pdf
Infiltration
Repair Standard Minimum Life All homes or units will be tested with a Blower Door and any existing air sealing will be repaired to attain a maximum 0.35 Air Changes per Hour at 50 Pascal pressure (0.35 ACH50).
Replacement Standard All homes or units will be air sealed to meet the minimum Blower Door test requirements of 0.35 Air Changes per Hour at 50 Pascal pressure (0.35 ACH50).
Bath Ventilation
Repair Standard Minimum Life NA NA
Replacement Standard Minimum Life 10 years Each bathroom must have an 80 CFM bath fan switched one of three ways: by a switch at the entrance, with an adjustable time-delay function that runs the fan for an additional period after the switch is turned off; or a motion detector with an adjustable
35
time-delay function that runs the fan for an additional period after the motion detector ceases to see motion.
Kitchen Ventilation
Repair Standard Minimum Life 2 years All kitchens must have functional mechanical ventilation vented to the outside operating at a minimum 120 CFM.
Replacement Standard All kitchens must have mechanical ventilation vented to the outside operating at a maximum of 20 Sones and producing a minimum of 150 CFM after accounting for ducting losses. All ductwork will be heavy gauge galvanized metal, air tight with mastic-sealed seams (no duct tape).
Roof Ventilation
Repair Standard Minimum Life 5 years 1 square foot of free venting must be supplied for every 150 SF of area directly under the roof if there is no soffit venting. 1 square foot of free venting must be supplied for every 300 SF of area directly under the roof if 20% of the venting is soffit vent.
Replacement Standard Same as Repair Standard.
J. Interior Standards
Interior Walls and Ceilings
Repair Standard Minimum Life 3 years Holes, cracks and deteriorated and un-keyed plaster will be repaired to match the surrounding surfaces. All visual surfaces will be stabilized to minimize lead paint hazards using premium vinyl acrylic paint.
Replacement Standard When necessary plaster walls will be replaced by ½” gypsum board and ceilings will be replaced with 5/8” gypsum board. Fire-rated assemblies will be specified on a project-by-project basis as required by local codes. Denshield shall be used on the lower 4’ of walls in bathrooms and kitchens (sink wall).
36
Flooring
Repair Standard Minimum Life 3 years Bathroom, kitchen and other water-susceptible floor areas will be covered with water- resistant flooring that is free from tears or tripping hazards. Damaged wood floor will be repaired. When existing deteriorated carpet is installed over hardwood floors, the hardwood will be refinished whenever possible.
Replacement Standard Bathroom and kitchen floors shall be covered with water resistant flooring, including Terrazzo, Linoleum or Ceramic tile. Baths over wood frame flooring will receive resilient sheet goods over plywood underlayment, and kitchens over wood frame flooring will receive resilient sheet goods or tile over plywood underlayment. Whenever possible rooms other than kitchens and baths with existing wood flooring will be maintained as wood floors and refinished when appropriate. Rooms other than kitchens or baths shall have ceramic tile.
Closets
Repair Standard Minimum Life 5 years Existing closets with a minimum depth of 2 feet will be maintained in good repair and have a shelf and clothes rod.
Replacement Standard New closets may be created if there is a significant lack of storage space, if there is adequate room for the closet, and if the budget permits. New closets will have a depth of 2 feet and include a shelf and clothes rod.
37
Kitchen Cabinets and Countertop
Repair Standard Minimum Life 3 years Kitchens will have a minimum of 10 feet of countertop (space permitting) with base and wall cabinets (or dishwasher) to match. Existing cabinets with hardwood doors and face frames may be repaired if in good condition. All cabinets will be sound and cleanable.
Replacement Standard New kitchen cabinets will have casework of minimum ½” cabinet grade plywood. Cabinets will have hardwood doors and face frames. There will be a minimum of 10 lineal feet of countertop (space permitting) with corresponding base cabinets and wall cabinets, and a dishwasher. Plastic laminate and ceramic tile countertops will not be permitted. A drawer base (12” or 15”) will be included in new cabinetry. A full backsplash to match the countertop will be installed as a base cabinet to wall cabinet backsplash behind the range and extending 6 inches past the range on both sides, or if the range is in a corner along the side wall. Certified under Kitchen Cabinet Manufactures Association’s (KCMA) Environmental Stewardship Program (ESP) - http://www.kcma.org/index.cfm?fuseaction=Visitors.Environmental
Bathroom Vanities
Repair Standard Minimum Life 3 years Existing vanity cabinets with hardwood doors and face frames may be repaired if in good condition. All cabinets will be sound and cleanable.
Replacement Standard New bathroom vanity cabinets will have casework of minimum ½” cabinet grade plywood. Cabinets will have hardwood doors and face frames. Cultured marble tops are required. If cabinet size prohibits the use of cultured marble, an exception may be approved.
K. Electric
Ground Fault Interrupter Circuits
Repair Standard Minimum Life 5 years Non-functioning GFCIs will be replaced. Kitchen counter, bath and laundry receptacles within 6' of a sink will be replaced with a GFCI-protected receptacle or protected by a GFCI device.
38
Replacement Standard Kitchen counter, bath and laundry receptacles within 6' of a sink will be replaced with a GFCI-protected receptacle or protected by a GFCI device.
Passage Lighting
Repair Standard Minimum Life 7 years All lights and switches in hallways, stairs and other passages will be operable and safe. Existing fixtures with incandescent lamp fittings will have minimum 7W CFL replacement lamps installed.
Replacement Standard All halls, stairs and rooms necessary to cross to other rooms and stairways must be well lit and controlled by a 3-way switch using concealed wiring. Attics must have utility fixtures. All new light fixtures will be ENERGY STAR labeled.
Kitchen Electric Distribution
Repair Standard Minimum Life 5 years Existing receptacles, fixtures and switches will be safe and grounded.
Replacement Standard Permanently installed or proposed stoves, refrigerators, microwaves, freezers, dishwashers, and disposals, washers and dryers will have separate circuits sized to N.E.C. Two separate 20-amp counter circuits are required with each kitchen area.
Utility Room Electric Distribution
Repair Standard Minimum Life 5 years Existing receptacles, fixtures and switches will be safe and grounded.
Replacement Standard Permanently installed or proposed washers and dryers will have separate circuits sized to N.E.C. One separate 20-amp counter circuit is required.
Interior Electric Distribution
39
Repair Standard Minimum Life 7 years Exposed knob and tube will be replaced. Every room (except bathrooms and utility rooms) will have a minimum of two duplex receptacles, placed on separate walls and one light fixture or receptacle switched at each room entrance. Where the source wiring circuit is accessible receptacles will be grounded. All switch, receptacle, and junction boxes will have appropriate cover plates. Wiring will be free from hazard, and all circuits will be properly protected at the panel. Exposed conduit is allowed.
Replacement Standard When a room's wall finishes are removed, receptacles, lighting and switching shall meet the latest version of the National Electric Code.
Service and Panel
Repair Standard Minimum Life 10 years Distribution panels will have a main disconnect, at least 10 circuit-breaker-protected circuits, a 100-amp minimum capacity and be adequate to safely supply existing and proposed devices. If a working central air conditioning system is present, the minimum service will be 150 amp.
Replacement Standard A minimum 150-amp service with a main disconnect panel containing at least 24 circuit breaker positions.
L. Plumbing System
Drain, Waste, Vent Lines
Repair Standard Minimum Life 1 year Waste and vent lines must function without losing the trap seal.
Replacement Standard When walls are removed exposing vent and waste lines those lines will be reworked to the current mechanical code.
Plumbing Fixtures
Repair Standard Minimum Life 3 years
40
All fixtures and faucets will have working, drip-free components. Toilets with greater that a 1.6 GPF rating will be replaced with a maximum 1.28 GPF model.
Replacement Standard Single lever, metal faucets and shower diverters with 15-year, drip-free warranty and maximum 2.0 GPM flow for kitchen faucets, 0.5 GPM for bathroom vanity faucets, and 1.5 GPM for shower heads. White ceramic low-flow toilets (1.28 GPF), 6.5” deep double bowl stainless steel sinks, and Americast or equal tubs with ceramic tile surrounds.
Plumbing Minimum Equipment
Repair Standard Minimum Life 3 years Existing equipment will be repaired to conform to the Housing Quality Standards.
Replacement Standard Every dwelling unit will have a minimum of one single bowl sink with hot and cold running water in the kitchen and at least one bathroom containing a vanity with a sink, and a shower/tub unit, both with hot and cold running water, and a toilet. Redesigned kitchens will include an ENERGY STAR-labeled dishwasher. Refrigerators will have a working icemaker. http://www.hudnsphelp.info/media/resources/GuidanceonNSPEligibleAppliancePurc hases.pdf
Water Heaters
Repair Standard Minimum Life 7 years Each housing unit will have a working water heater having at least 3 years remaining on its warranty, and with a minimum capacity of 40 gallons if it is gas-fired or electric. Gas water heaters more than 3 years old may be repaired if it is clear that a repair will make it operable.
Replacement Standard All units will have a water heater with a minimum 10-year warranty installed to the mechanical code. Gas units will be replaced with a high efficiency power-vented or sealed combustion tankless model. A minimum 40-gallon Heat Pump water heater is required for electric.
41
Water Supply
Repair Standard Minimum Life 10 years The main shut off valve must be operable and completely stop the flow of water to the house. All fixtures must be leak-free and deliver sufficient cold water and, where applicable, hot water.
Replacement Standard The main shut off valve must be operable and completely stop the flow of water to the house, and should be replaced if it does not. Lead and galvanized pipe that is part of the water service or the distribution system will be replaced. All fixtures will have brass shut off valves. Vacuum breakers are required on all hose bibs.
M. HVAC
Air Conditioning
Repair Standard Minimum Life - NA Non-functioning, non-repairable air conditioners will be removed and drained of all CFCs. AC units more than 10 years old will be replaced. Existing central air conditioning will be inspected, serviced and refurbished to operate safely. Programmable thermostats are required.
Replacement Standard Minimum Life 20 years New Air conditioning systems shall have a minimum 16 SEER with a programmable thermostat. All ductwork shall be tested and repaired for leakage.
Distribution System
Repair Standard Minimum Life 5 years Duct work will be well supported, insulated if in unconditioned space. All ductwork will be insulated to R-6, sealed at all seams with mastic (not tape) and pressure tested to eliminate leakage.
Replacement Standard Minimum Life 25 years
All duct work will be insulated to R-8, sealed at all seams with mastic (not tape), pressure tested to eliminate leakage.
Heating System
Repair Standard Minimum Life 5 years
42
Workable existing heating systems will be inspected and serviced to operate in a safe manner. Programmable thermostats are required.
Replacement Standard Minimum Life 25 years Gas-fired heating plants to be rated at > 92% AFUE or better. Heat pumps to be rated at > 16 SEER. Programmable thermostats are required. If new ductwork systems are installed keep all ductwork and air handlers in conditioned space.
N. Appliances
Appliances
Repair Standard Minimum Life 3 years All units will have a working and cleanable range. If there is an existing dishwasher in working and cleanable condition, it may be retained with minor repairs.
Replacement Standard Minimum Life 15 years All redesigned kitchens & utility rooms will have ENERGY STAR-labeled appliances where applicable. A clothes washer & dryer, refrigerator, dishwasher, vented range hood microwave and range will be installed.
XI. Materials & Specifications The materials and specifications listed below are required on all Housing Rehabilitation Programs unless otherwise specified or required by Code or other regulation. Please include these specifications when bidding on housing projects.
The Contractor must submit in writing any changes or deviations from these specifications. The written request must be submitted to and approved by CSD before such changes are made.
A. Concrete All concrete placing will be of 3,000-psi strength including but not limited to footers, stem walls, floors, lintels, and walkways. Driveways will have at least 3,000-psi strength and conform to standards set forth by the Town of Davie Building Department.
B. Framing All lumber will be #2 or better grade, wall stud spacing will be on 16” centers.
C. Roof Decking Roof decking shall be 5/8” CDX four-ply or greater and secured with a minimum 8d galvanized deck nails installed 6”/6”.
43
D. Roof Underlayment All roof decking shall be covered in one (1) layer of 30 lb. felt.
E. Shingles All shingles will be a minimum 25-year architectural, fiberglass/asphalt UL Class A Fire Rated, meeting ASTM D3161 or ASTM D7158 for wind resistance and UL 2218 for impact resistance with a minimum 25-year manufacturer’s warranty and a 15 year algae/mildew resistant warranty. Drip edge will have a minimum width of two-inches and be constructed of either galvanized or aluminum.
F. Windows Exterior windows will be impact-resistant (conforming to section R4410 of the Florida Building Code,) single hung, insulated, aluminum, one over one, vertical lift (except as required for egress2,) tempered where required, in a color, if available, to be selected by the Homeowner. Better Built grade or equivalent.
G. Exterior Front Doors Doors shall be impact-resistant (conforming to section R4410 of the Florida Building Code,) steel clad, insulated, six panel, and equipped with a single cylinder dead bolt, Schlage, Yale or equivalent. All doors shall have a lever style handle for easy access unless otherwise requested.
H. Paint All exterior and interior paint shall have a 25-year minimum manufacturer’s warranty. All painted surfaces will have one coat of primer/sealer and tow coats of finish paint.
I. Soffit & Fascia Soffit will be 12”, vented, aluminum in white or bronze. Fascia will be either 4” or 6” aluminum depending on application.
J. Cabinets Cabinets shall be made of high-density furniture board wrapped in veneer. Counter tops will be Formica over ¾” plywood. Backsplashes will be made of ¾” plywood wrapped with Formica.
K. Flooring Ceramic tile will be used in the kitchen, baths, utility room, dining room, and the entryway. Stain resistant carpet on the remaining floors unless otherwise specified.
L. Plumbing • Faucets - Delta, American Standard, or Moen • Lavatories, Sinks and Water Closets - Briggs, American Standard, or Gerber
2 Required by the Program 44
• Bathtubs- Briggs or American Standard • Hot Water Heater - 40-gallon minimum, A. O. Smith, Rheem, Ruud, Whirlpool M. Heating & Cooling Heat Pump will be used with a Seer Rating of 15 or greater; Minimum of 10 KW back up heat strip.
N. Electrical • One ceiling fan/ light combination per bedroom and living room • One light fixture per exterior door • Standard toggle style light switches • Standard style electrical outlets • 200-amp main service panel O. Minimum Insulation • Attic: R-30 value • Exterior Block Wall: R 4.2l • Exterior wall studs: R-19 • Garage stud wall: R-11 P. Drywall Texture Knockdown or orange peel
Q. Tub & Shower Single piece fiberglass tub and shower units with at least one soap dish and towel bar. **Handicapped accessible bathrooms will follow code.
R. Interior Trim Interior doors will be six panel fiberboard paint grade, Door casings 2 ¼”, finger joint, colonial, paint grade. Base boards 3 ¼”, finger joint, colonial, paint grade. Door Handles will be lever style.
S. Window Sills Marble sills
T. Closet Shelving Vinyl coated Closet Maid shelving, at least one row in each bedroom closet, linen closet, pantry, and utility room.
U. Mirrors One mirrored medicine cabinet or one mirror as required by the Scope of Work will be placed over every bathroom vanity. It will run the full length of the vanity. Mirror height will be 42”.
45
V. Smoke Detectors All rehabilitation projects will have smoke detectors installed to bring it up to current code, including interconnecting each unit together and wiring them on the same circuit.
W. Colors Neutral colors only
46
XII. Sample Forms & Documents A. Contractor Checklist B. Contractor Application C. Compliance Certification Form D. Section 3 Clause and Provisions and Statement of Compliance E. Contractor Sign-In Town of Davie F. Invitation for Bids G. Bid Results H. Rehab Owner/Contractor Agreement I. Rehab Agreement between the Town of Davie and the Homeowner J. Closing Conference Report K. Truth-In-Lending Statement L. Notice to Proceed M. Subcontractors List N. Multifamily/Rental Draw Schedule O. Contractor Payment Request P. Notice of Commencement Q. Change Order R. Punch List S. Final Walkthrough/Inspection T. Release of Lien and Affidavit of Contractor U. Termination of Notice of Commencement V. Partial Waiver and Release of Lien W. Final Release of Lien X. Contractor Warranty Y. Contractor Evaluation – Community Services Manager Z. Contractor Evaluation – Homeowner AA. Mortgage Modification Form BB. SHIP Owner-Occupied Rehabilitation Strategy (LHAP) CC. Green Building Improvements DD. Sam.Gov Registration Start Guide EE. HQS Inspection Report and Checklist
47
A. CONTRACTOR CHECKLIST
CHECKLIST FOR CONTRACTOR’S SUBMISSION OF DOCUMENTS
1. Town of Davie Contractor’s Application
2. Valid State General Contractor’s License and Qualified Business License in his/her own name. 3. The Contractor shall maintain and carry in full force during the Term the insurance required herein. Upon Town’s notification, the Contractor shall furnish to the Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below:
a. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, Products & Completed Operations with minimum limit of $1,000,000, Personal and Advertising Injury with minimum limit of $1,000,000. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. b. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 per person and $1,000,000 per occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. c. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Must include Employers’ Liability with a minimum limit of $100,000 each accident, Disease each employee minimum limit of $100,000, Disease policy limit of $500,000. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the Town harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement detailing the number of employees and that they are not required to carry Worker’s Compensation insurance, and do not anticipate hiring any additional employees during the term of this contract or a copy of a Certificate of Exemption.
4. Sworn Statement Affidavit (included in application package)
5. Certification for Compliance with City, County, State, Federal Laws and Regulations (included in application package)
48
6. Three Letters of Reference
7. Section 3 Clause and Provisions (included in application package)
All documents on this list are required to be submitted with the application.
49
B. CONTRACTOR APPLICATION 1. GENERAL INFORMATION
Company Name:
Company Address:
IRS ID (EIN) #:
Office number: Fax:
Email: Web page:
Name of Primary Contact to answer questions about this application
Name: Title:
Phone of Primary Contact:
E-mail of Primary Contact:
Are you a licensed Contractor? Yes No
Please list your license category and licensing entity:
License Number:
What is your specialty?
Do you have any additional licenses? Specify trade and license number.
Trade License #
Trade License #
2. COMPANY INFORMATION
Is your company a:
Corporation Partnership Individual Joint Venture LLC Other______
50
IF CORPORATION, PLEASE ANSWER THE FOLLOWING:
A. Date Incorporated
B. State Incorporated
C. President’s Name
Phone E-mail
D. Vice-President’s Name
Phone E-mail
E. Secretary’s Name
Phone E-mail
F. Treasure’s Name
Phone E-mail
IF INDIVIDUAL OR PARTNERSHIP, PLEASE ANSWER THE FOLLOWING:
A. Date Established:
B. Name/Address of all partners (State General or Limited Partnership)
IF OTHER THAN A CORPORATION OR PARTNERSHIP, DESCRIBE ORGANIZATION AND PROVIDE NAME/ADDRESS OF PRINCIPALS: ______
______
How many years has your organization been in business under its present name?
51
Has your organization operated under any other name? Yes No If yes, list name(s):
How many employees do you have?
Have you ever failed to complete any work awarded to you? Yes No If yes, provide the details. Please use separate sheet if necessary.
Within the last 5 years, has any Officer or Partner of your organization ever been an Officer or Partner of another organization when it failed to complete a construction contract?
Yes No
If yes, provide the details. Please use separate sheet if necessary.
Have you or any Officer of your company ever been suspended, or denied participation in a federally funded contract or any construction project? Yes No
If yes, provide the details. Please use a separate sheet if necessary.
Have you or any Officer/Partner of your company ever filed for Bankruptcy?
Yes No
If yes, please provide date of dismissal.
Do you or any Officer of your Company have any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three (3) years.
If yes, provide the details. Please use a separate sheet if necessary.
52
Have you maintained a consistent record of passed inspections with no lengthy construction delays and have been free of any substantiated complaints or violations and during the past two (2) years?
If yes, please provide the details. Please use a separate sheet if necessary.
Are you: Minority Owned Business (MBE) Yes No
A MBE is defined as a business concern that is at least 51% owned by one or more individuals who are African American, Hispanic American, Native American, Asian-Pacific American or Asian-Indian American; and whose management and daily business operations are controlled by one or more of these owners.
Woman Owned Business (WBE) Yes No
A WBE is defined as a business concern that is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more of these owners.
3. REFERENCES
Have you ever performed any residential work for the City, State, or any Government Office?
Yes No
List the City, State or Government Office:
List below the three most recently completed Construction/Rehabilitation Contracts: Client Name Phone or e-mail Address Job Date Amount ($)
List below up to three Construction/Rehabilitation Contracts underway:
Client Name Phone or e-mail Address Job Date Amount ($)
53
Please provide three references:
Client Name Phone or e-mail Address Job Date
List of suppliers and address: a. Name Telephone Number
Address Years Acquainted
b. Name Telephone Number
Address Years Acquainted
c. Name Telephone Number
Address Years Acquainted
Bank Reference:
54
4. CONFLICT OF INTEREST
Are you related to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Town of Davie? Yes No
If yes, please disclose your relationship:
5. CONDITIONS AND CERTIFICATION
Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required?
In consideration of being placed upon the “Active Contractor List”, the undersigned contracting firm will comply with the following conditions on all construction/rehabilitation work performed and agrees: a. To use only contract forms approved by the program. b. That work will be performed in accordance with the standards established by the program, the Florida Building Code, and Town of Davie and Broward County Codes. c. That if work performed by the contractor is found to be unsatisfactory or if contract relations between the contractor, homeowner, or other parties are found to be unsatisfactory, the Department may temporarily or permanently remove the contractor’s name from the “Active Contractor List.”
d. The Contractor shall maintain and carry in full force during the Term the insurance required herein. Upon Town’s notification, the Contractor shall furnish to the Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below: • Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, Products & Completed Operations with minimum limit of $1,000,000, Personal and Advertising Injury with minimum limit of $1,000,000. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance. 55
• Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 per person and $1,000,000 per occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance.
• Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Must include Employers’ Liability with a minimum limit of $100,000 each accident, Disease each employee minimum limit of $100,000, Disease policy limit of $500,000. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the Town harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement detailing the number of employees and that they are not required to carry Worker’s Compensation insurance, and do not anticipate hiring any additional employees during the term of this contract or a copy of a Certificate of Exemption. e. That the contractor will abide by Equal Opportunity laws of the Civil Rights Act and all other applicable City, Federal, State, and County laws and regulations.
I certify that the information provided on this application is true as completed and authorize the Town of Davie to verify the information listed herein.
Signed at , this____day of , 20 .
Signature
Print Name
Title
Company 56
STATE OF FLORIDA
COUNTY OF ______
, being duly sworn deposes and says that he is______, of______, and all statements therein contained are true and correct.
Sworn, to and subscribed before me this day of , 20 , by______, who has produced photo identification ______or who is personally known to me and who did/did not take an oath.
Notary Public:
My Commission Expires: ______
57
C. CERTIFICATION FOR COMPLIANCE WITH CITY, COUNTY, STATE, FEDERAL LAWS AND REGULATIONS
I,______agree to comply with all Town, County, State, and Federal laws and regulations, including, but not limited to the following:
CONFLICTS OF INTEREST Contractor covenants that no person who presently exercises any functions or responsibility on behalf of the Town of Davie in connection with this agreement has any personal financial interests, direct or indirect, with the Contractor. Contractor further covenants that, in the performance of any contract, no person having such conflicting interest, shall be employed by the Contractor. Any conflict of interest attributable to the Contractor or its employees must be disclosed in writing to the Town of Davie immediately upon discovery.
Contractor is aware of the conflict of interest laws of the State of Florida, particularly Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban Development, particularly, 24 CFR Part 570 § 570.611, and agrees to fully comply with all respects to those provisions.
EQUAL OPPORTUNITY Contractor agrees that it will comply with equal opportunity requirements, which require that no person in the United States shall on the ground of race, creed, color, national origin, age, sex, religion, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with State or Federal funds.
In the event local laws or ordinances governing equal opportunity apply as well, Contractor agrees to comply.
DEBARMENT/SUSPENSION The Contractor certifies, by submission of this certification, that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency.
Developers, general contractors and sub-recipients must ensure that all sub-contractors are checked on the federal’s government’s electronic web-based system through the System for Award Management (SAM) website Sam.gov. Contractors that are listed on the Excluded Parties List System as entities that are debarred, suspended or otherwise declared ineligible from receiving Federal grants. 58
Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification.
ZONING CODES AND BUILDING CODES Contractor must comply with the Town of Davie Housing Quality Standards, the Florida Building Code, local building codes and other standards established by the Town of Davie, as deemed necessary by such agency.
Signature: ______
Print Name:______Date:______
STATE OF FLORIDA COUNTY OF ______
Sworn to and subscribed before me this ______day of ______, 20____, by ______, who has/have produced photo identification______or is personally known to me and who did/did not take an oath.
______Notary Public, State of Florida
My Commission Expires: ______
59
D. SECTION 3 CLAUSE AND PROVISIONS
1. “Section 3" Compliance in the Provision of Training, Employment and Business Opportunities
(A) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
(B) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.
(C) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
(D) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
(E) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.
(F) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
60
(G) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible but not in derogation of compliance with section 7(b).
(H) Preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
61
SECTION 3 STATEMENT OF COMPLIANCE
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS
A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 70U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.
B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the “Section 3 Clause” specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements.
C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the City of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135.
Name of Contractor: ______
Title of RFP or Spec:______
Spec # or RFP # or Purchase Order Bid No ______
Will you hire new employees as a result of this contract? Yes [ ] No [ ]
Contractor: ______
Contractor’s Signature and Title______Date: ______
62
E. Contractor Sign-In Town of Davie CDBG/NSP/HOME/SHIP/RCMP NAME COMPANY PHONE EMAIL
63
F. INVITATION FOR BIDS The Town of Davie will accept sealed bids for the following owner occupied property: Homeowner Name: Property Address:
Housing Type: Mandatory Pre-Bid Walk-Through: Walk Through Date: Time: Scope of Work: • Item 1 o Description o Description • Item 2 • Item 3 Contractor is responsible for verifying all quantities and measurements. Questions & Answer Period: Deadline for Submitting Questions: Time: Response to Questions Via Email: Time: Submit all post-walk through questions in writing via email to: Bids Due & Opening: Bid Due Date Time: Bid Opening Date: Time: NOTE: Late Bids Time-stamped 2:01 or Later Will NOT Be Accepted Bid Opening Location:
Deliver sealed bids to:
Mark the envelope “Sealed Bid.” Include on the envelope: Property address Client’s name Date & Time of Bid Opening Company Name All bids will be stamped with the time and date of submittal when they are turned into the Community Services Division. If you have questions regarding this bid, please contact the Community Services Division at (954) 757-1173. All Prices Must Be Typed or Printed Legibly in Blue Ink. Do Not Combine Line Items. Bid Must Be Properly Signed and Dated in Blue Ink. Any Bid Not Following These Instructions May Be Rejected.
64
G. Bid Tabulation Results BID NUMBER: HOMEOWNER NAME ADDRESS OF PROPERTY TO BE BID
DATE OF PRE-BID CONFERENCE DATE BID OPEN
AMOUNT OF RANK CONTRACTORS WHO BID (W-9 Name) In Order Received BID
LOWEST BIDDER:
Bid Awarded to:
Taxpayer ID of Contractor Awarded the Bid:
Comments: _____ Signature of Reviewer: ______Witness: ______(Sign and Print Names)
65
H. CDBG/NSP/HOME/SHIP/RCMP REHABILITATION OWNER/CONTRACTOR AGREEMENT
THIS AGREEMENT is hereby made as of DATE BETWEEN the Owner: Fill In Homeowner Name(s) and the Contractor: Fill In Contractor Company Name
The Project Address:
The Owner and the Contractor agree to do the following:
ARTICLE 1: The Work §1.1 The Contractor shall perform all the work required by the Contract Documents for the rehabilitation of the above-described property according to the Scope of Work, plans and specifications provided by the Town of Davie (Town) and the Owner.
ARTICLE 2: Time of Commencement and Completion §2.1 The Contractor shall, within 15 calendar days from the date of the issuance of the Notice to Proceed, commence performance hereunder, and all work to be performed by the Contractor shall be completed in accordance with the conditions, plans, and specifications within 90 calendar days of issuance of the Notice to Proceed. The parties agree that a sum of $250.00 per calendar day shall be deducted from the Contract Sum as liquidated damages for each day the project remains incomplete beyond the date specified for completion. The deadline date for completion is Date
ARTICLE 3: Contract Sum and Payment §3.1 The Town, on behalf of the Owner, utilizing loan proceeds provided by the Town, shall pay the Contractor the total Contract sum of Insert Sum of Contract Here. The sum of the Contract is final. No changes will be allowed once this contract is executed unless authorized by the Town of Davie.
§3.2 Payments may be withheld due to any one of the following: (1) defective work not remedied; (2) claims filed; (3) required inspections not passed by building department; (4) required documents not submitted; and (5) unsatisfactory performance by the Contractor.
§3.3 Final payment shall not be due until the Contractor has delivered to the Owner through the Town all guarantees and warranties, a complete release of all claims of 66
lien, notices filed or received in connection with the work or receipts covering all labor, materials, and equipment for which a lien could be filed, a payment and performance bond, if applicable, satisfactory to the Owner and the funding Program.
§3.4 Final payment shall constitute a waiver of all claims by the Owner and the Contractor, except those claims presented in writing to the Town prior to final payment arising from:
(1) Unsatisfied liens,
(2) Faulty or defective work appearing after substantial completion,
(3) Failure of the work to comply with the requirements of the Contract Documents,
(4) Or, substandard work violating guarantees/warranties required by the Contract Documents.
The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unresolved at the time of final payment.
ARTICLE 4: Method of Payment §4.1 The Owner agrees authorize the Town to pay the Contractor in accordance with the following Program payment schedule: For projects of $15,000 or less Contractor will receive one payment at project completion. The draw schedule will be as follows for contracts from $15,001- $40,000: First Draw: 35% Second Draw: 35%
Final Draw: 30%
A final payment will be processed at project completion. No more than three draws will be permitted. Each item requested on each payment draw including electrical, plumbing, mechanical, and roofing must have proper inspections at the time the draw request is made. The contractor must submit to the Town’s Community Services Division (CSD) staff (Staff), proof of all required inspections. Payments can be made for work items 100% completed and for which permit has received final approval. A release of lien and Contractor warranties must also be submitted before payment will be processed.
§4.2 One hundred (100%) percent completion is defined as all work being completed and accepted by the Owner and Community Services Manager and verified by the Building Department, in writing (approved building permits and final Certificate of Occupancy). The final payment will not be released until there is 100% completion
67
of the work as so defined. Progress payments and final payment are subject to final inspections by Community Services Manager inclusive of final punch list items.
ARTICLE 5: Contract Documents §5.1 The Contract Documents consist of this Agreement and Attachments, the drawings, the Scope of Work, all addenda issued prior to the execution of this Agreement, all modifications, Change Orders, written interpretations of the Contract Documents issued by the CDBG/NSP/HOME/SHIP/RCMP Programs, all appropriate regulations issued by the Town and the Florida Building Code, and all required federal regulations. The intention of the Contract Documents is to include all labor, materials, equipment, tools, services, and other items as provided in paragraph 5.2 necessary or reasonably implied for the proper execution and completion of the work and compliance with the terms and conditions of payment.
§5.2 The Contract Documents shall be executed in duplicate by the Owner and the Contractor. By executing the Contract, the Contractor represents that he has visited the site and familiarized himself with the local conditions under which the work is to be performed, and all applicable regulations and requirements of the CDBG/NSP/HOME/SHIP/RCMP Program and Florida Building Code.
§5.3 The term "work" as used in the Contract Documents includes all labor necessary to perform the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction.
ARTICLE 6: Supervision §6.1 Staff will make periodic visits to the site to monitor the progress and quality of the work in order to assess compliance with the Scope of Work. Neither Staff nor CSD will be responsible for the means, methods, techniques, sequences, or procedures relating to the construction, or for safety precautions and programs in connection with the work; nor shall the Staff or CSD be responsible for the Contractor's failure to carry out the work in accordance with the Contract Documents.
§6.2 Staff will attempt to adjudicate all claims and disputes between the Owner and the Contractor. Unsettled claims or disputes between the Homeowner(s) and the Contractor arising from or related to the work shall be submitted to arbitration under the laws governed by the State of Florida. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement, and shall be made within a reasonable time after a dispute has arisen. The award rendered by the Arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The prevailing party may be entitled to recover all costs, including reasonable attorney’s fees.
68
§6.3 Work that does not conform to the Contract Documents and/or to the Florida Building Code, in concert with the Town’s Building Department, shall be rejected by Staff.
ARTICLE 7: Owner §7.1 The Owner may issue instructions to the Contractor through the Staff, and apprise the Staff of any changes, discrepancies, or problems that may arise during the term of the Contract.
ARTICLE 8: Contractor §8.1 The Contractor shall communicate with the Community Services Manager assigned to this project regarding all milestones of the project including, but not limited to: projected date to begin work, permit applications, tear-off, building department inspections, and project completion. CSD Representatives are required to document all stages of work photographically and must be aware of project milestones in order to fulfill this requirement. Failure to inform CSD of milestones will significantly delay payment for the project. The Contractor must similarly communicate with the property owner so they may make appropriate personal arrangements.
§8.2 The Contractor must notify Staff prior to commencing any rehabilitation work of any known or suspected hazardous, dangerous, toxic, or radioactive substances, including asbestos, on the property. The Owner will take all necessary measures to remove hazardous, dangerous, toxic, or radioactive substances from the site.
§8.3 The Contractor shall supervise and direct the work using his best skills and attention. The Contractor shall be solely responsible for all the means, methods, techniques, sequences, and procedures relating to the construction, and for coordinating all portions of the work under the Contract. All work shall be performed in a workmanlike manner according to standard practices.
§8.4 Unless otherwise specifically noted, the contractor shall provide and pay for all labor, withholding and unemployment taxes, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services for the proper execution and completion of work.
§8.5 The Contractor shall at all times enforce strict discipline, sobriety, and good order among his employees, and shall not employ any person not skilled in the task assigned to him.
§8.6 The Contractor warrants to the Owner that all materials and equipment incorporated in the work will be new unless otherwise specified and that all work will be of good quality free from faults and defects and in conformity with the Contract Documents. All work not in conformity with these standards may be considered defective and the
69
work may be rejected and/or appropriate deductions from the Contract price shall be accordingly made.
§8.7 The Contractor shall pay all sales, use, and other similar taxes required by law. The Contractor shall secure all permits, fees, and licenses necessary for the execution of the work.
§8.8 The Contractor shall give all notices and comply with all laws, ordinances, rules regulations, and orders of any public authority bearing on the performance of the work and shall notify Staff if the drawings and specifications are at variance therewith.
§8.9 The Contractor shall be responsible for the acts and omissions of his employees and all other persons performing any of the work under the Contract at the request of or direction of the Contractor or subcontractor.
§8.10 The work shall be in accordance with approved samples and shop drawings.
§8.11 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his activities. At the completion of the work, he shall remove all waste materials and rubbish from and about the project as well as tools construction equipment, machinery, and surplus materials, and shall clean all glass surfaces and shall leave the work "broom clean" or its equivalent, except as otherwise specified.
§8.12 The Contractor shall indemnify and hold harmless the Owner, CSD and the Town, by and through the CDBG/NSP/HOME/SHIP/RCMP Program, its and their employees, officials, representatives, agents and attorneys, from and against all claims, damages, losses, and expenses including attorney's fees, cost and expenses (trial, appellate and administrative) arising out of or in connection with the performance of the work, provided that any such claim damage or loss or expense: (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from; and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or against CSD or the Town, its officials, employees, agents, representatives or attorneys, by any employee of the Contractor, subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, the indemnification obligation under this subparagraph shall not be limited in any way by any limitation on the amount or type of damages, compensation on benefits payable by or for the Contractor or any 70
subcontractor under workers' compensation laws, disability benefit laws, or other employee benefit laws. The obligation of the Contractor under this subparagraph shall not extend to the liability of the Town, its agents or employees arising out of: (1) the preparation or approval of maps, drawings, opinions, or (2) the giving of or the failure to give direction or instructions by the CDBG/NSP/HOME/SHIP/RCMP Program, its agents or employees; provided such acts or omissions are the primary cause of the injury or damage.
§8.13 The Contractor shall guarantee all work performed for a period of one year from the date of final acceptance. The Contractor shall furnish the Owner, in care of the Staff, properly completed manufacturer’s and supplier’s written guarantees and warranties covering materials and equipment furnished under this Contract. Any defects that appear within the one-year period and arise out of defective or improper materials or workmanship shall, upon direction of the Staff, be corrected, and made good by the Contractor at his expense. Contractors who fail to comply with the terms of the warranty will be removed from the bidder’s list and reported to the Department of Business and Professional Regulation.
§8.14 Other federal, State, and Local Requirements: The Contractor and/or subcontractor agrees to adhere to all federal, State, and local requirements including but not limited to the CDBG/NSP/HOME/SHIP/RCMP Program Regulations, Federal Labor Standard Provisions, if applicable, Section 3 Regulations, Equal Employment Opportunity Affirmative Action requirements including 24 CFR Part 570 Section 602, which require that no person shall be excluded from participation, be denied the benefits of or be subjected to discrimination based on race, color, national origin, age, sex, religion or disability. Failure to cite specific federal, State, or local requirements shall not relieve the Contractor or subcontractor of compliance with the appropriate regulation, if deemed applicable.
§8.15 As it relates to construction, the Town, developers and contractors must comply with Section 3 of the Housing and Urban Development Act of 1968 and implementing regulations at 24 CFR part 135. If combined NSP investment is in excess of $200,000 in applicable projects then the requirements of Section 3 are applicable to all individual properties that receive services with these funds, regardless of the actual amount that is spent on each individual unit/property. If a covered contractor receives an award that exceeds $100,000 for construction and rehabilitation activities, the Town shall share Section 3 compliance with that firm, except reporting to HUD.
To comply with both Section 3 and Vicinity Hiring Preference requirements, where applicable, the Town, developer and contractor should give first preference to: hiring low-income residents and contracting with Section 3 business concerns in the NSP target area. If there are not enough low-income residents or Section 3 business
71
concerns in the target area, then the Town, developer and contractor can try to hire/contract with qualified residents and businesses from the Section 3 priority areas. The Section 3 priority areas are: first, residents of the neighborhood or service area; second, HUD Youthbuild participants; and third, other residents of the metropolitan area or non-metropolitan county.
ARTICLE 9: Subcontractors §9.1 A subcontractor is a person who has a direct written contract with the Contractor to perform any work at the site.
§9.2 Unless otherwise specified in the Contract Documents or in the instructions to the Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to CSD, in writing, a list of the names of subcontractors proposed for the principal portions of the work. The Contractor shall not employ a subcontractor to whom CSD, the Town, or the Owner may have a reasonable objection. The Contractor shall not be required to employ any subcontractor to whom he has a reasonable objection. Contracts between the Contractor and the subcontractor shall be in accordance with the terms of this Agreement and shall include the General Conditions of this Agreement insofar as applicable. The contractor may not employ a subcontractor that is not licensed or insured in the trade hired to work.
ARTICLE 10: Separate Contracts §10.1 The Owner does not reserve the right to award other contracts while this contract is underway. All construction work will be limited to the work specified in the Scope of Work to be performed by the contractor and his subcontractors.
§10.2 The Contractor shall notify CSD if other work is being performed at the site. The contractor may not enter into any contract with the owner for work other than what is specified in the Scope of Work during the term of this contract.
ARTICLE 11: Royalties and Patents §11.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall hold the Owner harmless from loss on account thereof.
ARTICLE 12: Time §12.1 Time is of the essence.
§12.2 If the Contractor is delayed at any time in the progress of the work by changes ordered in the work, labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the Contractor's control, or by any cause which Staff, may determine justifies the delay, then the Contract time may be extended by a Change Order for such reasonable time as Staff may determine. The Contractor must request 72
such extension of time in writing prior to the contract deadline. Contractors who do not submit extensions of time in writing before the contract deadline will be fined in accordance with Article 2 of this contract.
ARTICLE 13: Protection of Person and Property §13.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He shall make all reasonable precautions in accordance with prevailing industry standards for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees of the job and other persons who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein; and (3) other property at the site or adjacent thereto. He shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of person or property, or to protect them from damage, injury, or loss. The Contractor will be held responsible for all damage or loss to any property caused in whole or in part by the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable.
ARTICLE 14: Contractor's Liability Insurance §14.1 The Contractor shall purchase and maintain and shall ensure that each of his subcontractors shall purchase and maintain such insurance as will protect each of them from claims from worker's compensation laws and other employee benefit laws, from claims for damage because of bodily injury including death, and from claims for damages to property which may arise out of or result from the Contractor's operation under this Contract, including any subcontractor or their respective employees, agents or representatives. This insurance shall be written for not less than any limits required by law, and shall include liability insurance as applicable to the Contractor's obligations.
§14.2 The Contractor shall provide builders risk insurance to cover all losses in the event of theft of materials from the project site during the term of the Contract.
§14.3 Certificates evidencing the above-required insurance shall be filed with Staff, prior to issuance of the Notice of Commencement.
ARTICLE 15: Owner's Insurance §15.1 The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may maintain such insurance as will protect him against claims that may arise from activities under the Contract.
§15.2 Flood Insurance Requirements: The owner shall be responsible for purchasing and maintaining flood insurance if the property is located in a Special Flood Hazard Area
73
as defined by the National Flood Insurance Program. The insurance will be maintained active for the duration of the lien filed in connection with this project.
ARTICLE 16: Changes in the Work §16.1 Once this contract has been executed, no changes to the work will be allowed. Under extreme circumstances, when CSD determines that changes must be made to this contract, any approved alterations, deletions, or deviations from this Contract will be executed upon a written change order signed by the Owner, Contractor, and the Staff. Such Change Orders and resulting cost changes, if any, will be made part of the original Contract and will be limited to 10% of the cost of the line item. However, no extra costs will be paid if the Contractor has neglected to properly evaluate the extent of the work. Work performed prior to the execution of a Change Order will not be paid.
§16.2 The Contract sum and the Contract time may be changed only by written Change Order.
§16.3 The cost or credit to the Owner from a change in the work shall be determined by mutual agreement of the Owner, Contractor, and CDBG/NSP/HOME/SHIP/RCMP Program Staff.
ARTICLE 17: Correction of Work §17.1 The Contractor shall correct any work that fails to comply with the requirements of the Contract Documents where such failure to comply appears during the progress of the work, and shall remedy any defects due to faulty materials, equipment, or workmanship which appear within a period of one year from the date of final payment of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The provisions of this Article apply to work done by subcontractors as well as to work done by employees of the Contractor.
ARTICLE 18: Prohibition against Use of Lead-Based Paint and Elimination of Lead-Based Paint Hazard §18.1 No Contractor or subcontractor shall use or permit the use of lead-base paint on applicable surfaces. Every Contract and subcontract shall contain a prohibition on the use of lead-based paint.
§18.2 Defective paint shall be presumed to be lead-based and deemed a health hazard that must be corrected, unless testing shows that lead is not present in the paint at a level above one (1%) percent.
§18.3 All applicable surfaces identified in subparagraph 18.4 as health hazards shall receive adequate treatment to protect against the ingestion of the contaminated 74
paint. Particular care shall be taken to correct conditions of cracking, scaling, peeling, and loose paint on walls, ceilings, doors, windows, trim, stairs, railings, cabinets, and piping. All such surfaces that require treatment shall be thoroughly washed, sanded, scraped, or wire brushed; so as to remove all cracking, scaling, peeling, and loose paint before repainting. At a minimum, these surfaces must receive two coats of a suitable non-lead based paint. Where it is not feasible to control or correct the cracking, scaling, peeling, or loosening of the lead-based paint and where the film integrity of the treated surfaces cannot be maintained, the paint of these surfaces shall be removed or covered with materials such as hardboard, plywood, drywall, plaster, or other suitable materials.
§18.4 Definitions:
(a) Lead-based Paint as defined in section 501(3) of the Lead-Based Paint Poisoning Prevention Act [42 U.S.C. § 4341(3)] means any paint containing more than one (1%) percent lead by weight (calculated as lead-metal) in the total nonvolatile content of liquid paints or in the dried film of paint already applied.
(b) Applicable surface means all interior surfaces and those exterior surfaces, such as stairs, decks, porches, railings, windows, and doors, which are readily accessible to children under seven (7) years of age [42 CFR 90.2(g)].
ARTICLE 19: Termination by the Owner §19.1 If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents or fails to perform any provisions of the Contract as determined by the Owner or the Staff, the Staff may, after giving seven (7) days written notice specifying the default to the Contractor, correct deficiencies and deduct the cost thereof from the payment then or thereafter due the Contractor or, at his option, terminate the Contract and complete the Contract utilizing the next lowest-bidding contractor, and if expenses of completion exceed the unpaid balance, the defaulting Contractor shall be liable for the difference.
ARTICLE 20: Conflict of Interest §20.1 Contractor is aware of the conflict of interest laws of the State of Florida, particularly, Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban Development, particularly 24 CFR Part 570 § 570.611, and agrees that it shall fully comply in all respects with those provisions.
75
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed by duly authorized officials on the date first above written.
Signed, sealed and delivered in the presence of:
Owner (Signature) Owner (Signature) (Printed/Typed Name) (Printed/Typed Name)
Contractor – Individual (Signature) (Printed/Typed Name)
Contractor – Corporation (Signature) Corporate Secretary (Printed Name) (Printed/Typed Name) By (Seal)
Witness (Signature) Witness (Signature) (Printed/Typed Name) (Printed/Typed Name)
76
I. CDBG/NSP/HOME/SHIP/RCMP Rehabilitation Agreement BETWEEN The Town of Davie and the Homeowner
The Homeowner certifies that he/she has received, read, and understands the rehabilitation contract price, the scope of work, the rehabilitation and construction process, and the services to be offered and performed on the subject property. The Homeowner acknowledges and approves of the Contractor selected through the open competitive bid process and agrees to the amount of the contract and the scope of work to be performed.
Furthermore, the Homeowner agrees to the following:
ACCESS: The Homeowner will grant access to his/her property during normal business hours to all parties involved in the rehabilitation process. In the event that the Homeowner continues to occupy the property during construction, a time of operation will be established between the Homeowner and the Contractor.
PERSONAL PROPERTY: The Homeowner agrees to remove personal property within the construction area as to not interfere with the progress of work. The Contractor shall have easy access in and around the area of the home for operation of equipment necessary for the rehabilitation process.
PETS: The Homeowner will secure all pets at a location as to not interfere with the construction process and allow the Contractor to fulfill the requirements of the contract.
COOPERATION: The Homeowner will cooperate fully with the Town of Davie (Town) Building Department and the Contractor during the performance of the contract.
UTILITIES: The Homeowner will agree to fully furnish the use of electricity and water to the Contractor, at no cost to the Contractor or Town, during the rehabilitation process.
TIME & PERFORMANCE: The Contractor shall start the work within fifteen (15) days of receiving the Notice to Proceed, and will finish all work within ninety (90) days thereof. The Homeowner shall provide written authorization to the Contractor for the commencement of work. If the Contractor fails to start or finish the work within the time allowed, the Contractor would have defaulted on the contract and the Homeowner will have the right to terminate the contract. A notice to terminate the contract shall be in writing and addressed to the Contractor and Town. Such notice shall be sent by certified mail within five business days of termination. If the Contractor performs sub-standard work as determined by the building inspector or the Construction Coordinator, He or She shall have seven (7) business days to correct the work. If the work is not corrected within the time allowed, the Homeowner shall have the right to terminate the contract and he/she may hire the Contractor who had the 77
next lowest bid in order to complete the unfinished work. All new contracts and Contractors must be approved by the Town’s Community Services Division (CSD). Any additional costs or fees to complete the work will become the responsibility of the defaulting Contractor.
CHANGE ORDERS: The Homeowner expressly agrees that no changes in material or description of work shall take place in cooperation with the Contractor without the Town being notified in writing. All changes in material or description of work shall be in the form of a Change Order and agreed upon by the Homeowner, Contractor, and CSD. All changes must be approved by CSD before work commences.
LIEN ON PROPERTY: The Homeowner acknowledges and understands that a lien will be placed upon their property. The lien amount will equal the total cost of rehabilitation plus the cost of documentary stamps, recording fees, surveys, title searches and any other fees or closing costs related to the rehabilitation process. The lien holder will be CSD. The Homeowner further acknowledges that construction liens may be placed on their property by the Contractor or subcontractors.
RESOLUTION OF DISPUTES: All unsettled claims or disputes between the Homeowners and the Contractor arising from or related to the scope of work shall be submitted to arbitration under the laws governed by the State of Florida. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement, and shall be made within a reasonable time after a dispute has arisen. The award rendered by the Arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The prevailing party shall be entitled to recover all costs, including reasonable attorney’s fees.
HOLD HARMLESS: The Homeowner agrees to indemnify and hold harmless CSD and its affiliates from any and all liability resulting from injury, death, sickness, disease, property damage, theft, or any loss and expense by execution of work under this contract. The Homeowner agrees to pay reasonable attorney’s fees if CSD is required to defend or prosecute any claim or action arising out of this contract not caused by act or omission on the part of CSD. It is understood that the Contractor is acting in the capacity of an independent Contractor with respect to the Homeowner.
COLOR COORDINATION: All colors chosen by the Homeowner and the Contractor shall be of a neutral color such as white, off white, and beige. This applies to all materials including, but not limited to roofs, windows, interior and exterior paint, cabinets, flooring, plumbing fixtures, doors, trim and appliances. Any deviations in color from the list above must have CSD approval.
78
ACKNOWLEDGEMENT: I, the Homeowner, have received, read and understand the Homeowner’s Agreement and shall enforce and agree to the policies within during the rehabilitation process.
Address of property to be improved:
Homeowner Homeowner
Print Name Print Name
Date Date
Community Services Manager
Print Name
Date
79
J. CONTRACT CONFERENCE REPORT – HOME REPAIR OWNER / CONTRACTOR
I (we) the undersigned have on this date, at the Town of Davie Community Services Division participated in a pre-construction conference prior to signing the contract. The Community Services Manager briefed the contractor and myself (property owner) on all terms of the contract and explained in detail the work write-up and specifications as to how the work will be completed. I understand that the contract is for the work specified in the contract and nothing more is to be done and nothing less will be accepted. I understand no changes are permitted to the basic contract unless a written change order is signed by both parties to the original contract and approved by the Community Services Manager. I (we) have a complete understanding of the work to be done under the contract. Additional items discussed such as color preferences of the Homeowner are attached.
Homeowner Date
Homeowner Date
I, the undersigned hereby certify that a pre-construction conference was held on this date between the property owner(s), Community Services Manager and myself. I have a complete understanding of all terms of the contract and work write-up and a mutual understanding with the property owner(s) and Community Services Manager of work that will be done and the specified work will be completed. Additional items discussed such as color preferences of the Homeowner are attached.
Contractor Date
I, the undersigned hereby certify that a pre-construction conference was held this date between the contractor and property owner(s) and that all the terms of the contract and a detailed explanation of the work write-up was explained to the contractor and property owner(s). Additional items discussed such as color preferences of the Homeowner are attached.
Community Services Manager Date
80
Additional Comments:
81
K. CDBG/NSP/HOME/SHIP/RCMP Rehabilitation Program TRUTH-IN-LENDING STATEMENT
This statement discloses conditions of the Deferred Payment Loan issued by the (Town of Davie’s Community Services Division) Program to:
APPLICANT: ______
Amount Financed:
Annual Percentage Rate: %
Monthly Payments: $ ______
Repayment of the loan is not required as long as the owner maintains the terms agreed to in the Rehabilitation Agreement.
The Deferred Payment Loan is secured by the Mortgage and Note covering property at:
(Address and legal description)
The loan consists of repairs in the amount of $_ __. There are no escrows associated with the Deferred Payment Loan. However, Documentary Stamps in the amount of $ ___and Recording Fees in the amount of $______have been added to the loan amount.
The Mortgage and Note will be recorded with the Clerk of the Court. A Modification Agreement will be prepared and recorded at the end of construction to amend the total amount of construction, recording fees or calculation errors if this initial mortgage amount differs from the final cost.
I hereby acknowledge receipt of a copy of this statement, agree to the terms herein and agree to sign a final Mortgage Modification Agreement if necessitated.
Owner Signature Date
Owner Signature Date
Witness Date
82
L. Notice to Proceed
Date:
Property Address:
Owner(s)
Contractor
Dear [contractor name]: Pursuant to the construction Contract signed on , you are hereby notified to proceed with the rehabilitation work on the property described above. Upon receipt of this notice, you are responsible for performing the rehabilitation work on said building under the terms and conditions of the contract and in accordance with the specifications in the work write-up.
Pursuant to the provisions of Article 2 of the Contract, you are hereby given Notice to Proceed with the work within ten (10) calendar days of the date of this notice. This notice provides that the work will be completed within ninety (90) calendar days of the date of this notice. The completion date is and can only be changed by written change order.
Please acknowledge receipt and acceptance of this notice by signing both copies in the space provided below. Keep one copy and return the other to:
Town of Davie Community Services Division 4700 SW 64 Avenue, Suite D Davie, FL 33314
I Acknowledge Receipt of this Notice on: ______(Date)
Contractor: ______
Authorized Signature: Community Services Manager 83
M. Subcontractors List Bid Number: Program: Project Name:
Project Address: General Contractor: Complete and submit the names of all subcontractors who will be actively employed in the actual rehabilitation of the above-mentioned project prior to contract commencement date. Use additional pages as needed.
Type of Firm Name Business or Address Phone Trade
1
2
3
4
5
6
7
8
9
10
11
12
13
14
84
N. Multifamily/Rental Draw Schedule Property Owner:
Property Address:
Contractor:
Draw # Work Item Amount
1st Draw
2nd Draw
3rd Draw
4th Draw
5th Draw
6th Draw
This schedule becomes part of the Contract documents.
Contractor Date
Community Services Manager Date
85
O. Contractor Payment Request
Property Owner:
Property Address:
Contractor:
Contractor Address:
Contractor E-mail: Contractor Telephone:
This Contract Amount: $ Payment: $
Partial Final
Contractor:
I hereby request an inspection to receive payment in the above amount. I certify that I have satisfactorily completed the necessary work to justify this request. I further certify that all bills incurred for labor used and material furnished in making said repairs and improvements have been paid in full to this date. Attached is my company invoice with a line item breakdown as bid in the Scope of Work.
Contractor’s Signature Date
86
Property Owner:
I/We hereby agree that the work stated by the Contractor is complete and approve payment to the Contractor in accordance with the Agreement contingent upon inspection and concurrence by the Community Services Manager. It is understood that the actual amount disbursed will be based on the findings of that inspection.
Owner’s Signature Date
Owner’s Signature Date
Community Services Manager
I hereby certify that all work is completed as indicated on the Contractor’s payment request and hereby approve the payment to the Contractor in the amount of $ INSERT AMOUNT HERE
Community Services Manager’s Signature Date
87
AFTER RECORDING – RETURN TO:
PERMIT NUMBER: P. NOTICE OF COMMENCEMENT The undersigned hereby given notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statues the following information is provided in the Notice of Commencement.
1. DESCRIPTION OF PROPERTY (Legal description & street address, if available) TAX FOLIO NO.: ______SUBDIVISION ____BLOCK _____TRACT _____LOT _____ BLDG_____UNIT______
2. GENERAL DESCRIPTION OF IMPROVEMENT: ______
3. OWNER INFORMATION: a. Name ______b. Address______c. Interest in property______d. Name and address of fee simple titleholder (if other than Owner)
4. CONTRACTOR’S NAME, ADDRESS AND PHONE NUMBER:
5. SURETY’S NAME, ADDRESS AND PHONE NUMBER AND BOND AMOUNT:
6. LENDER’S NAME, ADDRESS AND PHONE NUMBER:
88
7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13 (1) (a) 7, Florida Statutes:
NAME, ADDRESS AND PHONE NUMBER: ______
8. In addition to himself or herself, Owner designates the following to receive a copy of the Lienor’s Notice as provided in Section 713.13 (1) (b), Florida Statutes:
NAME, ADDRESS AND PHONE NUMBER: ______
9. Expiration date of notice of commencement (the expiration date is 1 year from the date of recording (unless a different date is specified): , 20 .
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN R E SUL T IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.
Signature of Owner or Owner’s Print Name and Provide Signatory’s Authorized Officer/Director/ Title/Office Partner/Manager
89
State of Florida County of (Name of County)
The foregoing instrument was acknowledged before me this _____day______, 20______.
By , as
(name of person) (type of authority, e.g. officer, trustee, attorney in fact)
For (name of party on behalf of whom instrument was executed)
Personally known or produced the following type of identification:
Notary (Signature of Notary Public)
Under Penalties of perjury, I declare that I have read the foregoing and that the facts in it are true to the best of my knowledge and belief (Section 92.525, Florida Statutes).
Signature(s) of Owner(s) or Owner(s)’ Authorized Officer/ Director / Partner/ Manager who signed above:
By By ______
90
Q. CHANGE ORDER FORM
DATE:
CHANGE ORDER NUMBER:
CONTRACTOR Name: Address: Phone Number:
CLIENT Name/Project #: Address: Phone Number:
Project Title: ______PROGRAM Upon the complete execution of this order (the "Change Order''), the parties hereto agree to change and modify the terms of the contract dated (ENTER DATE) (the "Contract") and the Statement of Work annexed thereto (the "SOW"), as each have been amended, along with any previously executed change order (each a "Prior Change Order"), by the terms of this Change Order. In the event of any conflict or inconsistency between the provisions of the Contract and the SOW, as each has been amended, and/or any Prior Change Order and this Change Order, the provisions of this Change Order shall control and govern. Except as modified by this Change Order, the terms and conditions of the Contract, the SOW, as each have been amended, and all Prior Change Orders shall continue in full force and effect. Contractors are not to proceed with the work until they have received a signature from the Town of Davie Community Services Division.
CHANGE •
COST BREAKDOWN SUMMARY:
MATERIALS: COST (Materials Continued) Cost (Cont.) $ $ $ $ $ LABOR HOURS: $ Revisions / Permits + City Fees $ $ PROFIT $ 91
COST BREAKDOWN DETAILED
CHANGE ORDER ITEM # 1 DESCRIPTION:
Description Quantity Unit Materials Labor Other Total
Profit/Overhead
Permit
Total
CHANGE ORDER ITEM # 2 DESCRIPTION:
Description Quantity Unit Materials Labor Other Total
Profit/Overhead
Permit
Total
**PLEASE NOTE: IF MORE SPACE IS NEEDED FOR AN ADDITIONAL “CHANGE ORDER ITEM”, PLEASE CONTINUE THIS INFORMATION ONTO THE NEXT PAGE BY COPYING AND PASTING THE TABLE FORMAT AND CONTINUE TYPING OR YOU CAN PROVIDE A HANDWRITTEN COPY OF THE INFORMATION ON A SEPARATE PAGE.
92
TOTAL CHANGE ORDER AMOUNT
Total Cost Change Order Item # 1 $ Total Cost Change Order Item # 2: $ Total Change Order Amount $
(Please list any additional change order items as well by adding another row in the table to include the price)
NEW PROJECT TOTAL COST (Change Order + Original Contract Price)
Original Contract/SOW Total: $ Costs of the Change Order: $ Project Total Cost (including this Change Order): $
CHANGE TO COMPLETION DATE
The completion date the parties agreed upon in the original contract (HAS CHANGED OR HAS NOT CHANGED) as a result of this Change Order.
Original contract completion date: New completion date:
IN WITNESS WHEREOF the parties have duly executed this Change Order as of the date first written above on page 1 of this form.
Contractor Signature Homeowner Signature Licensed General Contractor
Community Services Manager Signature Co-Applicant Signature
NOTES:
•
93
R. Punch List Owner(s):
Project Address:
Contractor:
Upon inspection of the above property on this____day of______, 20____, I do hereby require the following items to be completed and/or corrected within 10 working days of this inspection. Failure to include any item on this list does not relieve the Contractor the responsibility to complete all work in accordance with the Contract documents.
1
2
3
4
5
6
7
8
9
10
11
12
Another inspection is scheduled for: _____day of ______, 20____ at:
Community Services Manager Date
94
S. Final Walkthrough/Inspection Owner(s): Project Address: Contractor:
As of this_____day of______, 20____, all items for the above project have been completed and/or corrected to the satisfaction of the Owner(s) and Town.
Owner Date
Owner Date
Contractor Date
Community Services Manager Date
95
T. RELEASE OF LIEN AND AFFIDAVIT OF CONTRACTOR
STATE OF FLORIDA COUNTY OF ______
1. The______(Name of Contractor) is the General Contractor of______(Name of Company) hereinafter referred to as Contractor, and that said Contractor entered into a direct contract with the owners of the following described property, for ______.
2. Legal Description of Property:
3. Owner(s) name and address: , , Florida, and that said description encompasses the property described in the Notice of Commencement recorded______, in Official Records Book ,Page, ______in the Public Records of County, Florida.
4. That the improvements which the Contractor had agreed to construct on the above described property pursuant to said contract are 100% complete as of this date.
5. That in compliance with Section 713.06(3)(d)(1) of the Mechanics Lien Law of the State of Florida, the undersigned states that all laborers, material men, subcontractors or other lienors contracting directly with or employed by the Contractor for services or materials supplied for the improvements to the above-described property, have been paid in full for services and materials supplied up to the date hereof.
6. That said Contractor has received full payment for all work performed and materials furnished to the above-described property up to date hereof, and does hereby release and discharge the said property from any and all recorded claims of lien, and waives and relinquishes any and all rights to any liens of the Contractor arising out of, connected with, or resulting from said services, or performance of the obligations of the Contractor pursuant to said contract.
Contractor’s Signature
Sworn, to and subscribed before me this___day of ______, 20____, by , who has produced photo identification .
Notary Public, State of Florida at Large My Commission Expires:______
96
U. TERMINATION OF NOTICE OF COMMENCEMENT
The below undersigned, (Contractor) and (Owner(s)) assisted in that certain Notice of Commencement recorded on______(date) in Official Records Book______, Page______, in the Public Records of ______, County, Florida, hereby acknowledge the following:
1. That the proposed improvements to said property have been 100% completed. 2. Any lienors who performed services or supplied materials for the improvement of said property have been paid in full.
The below undersigned further acknowledge that the above described notice of commencement is hereby terminated against the following described property:
Legal Description:
Property Address:
CONTRACTOR OWNER
______OWNER
Contractor: Address: City: Phone:
State of Florida County of
Sworn, to and subscribed before me this day of 20 , by ______, who have produced photo identification .
Notary Public, State of Florida at Large My commission expires:
97
V. PARTIAL WAIVER AND RELEASE OF LIEN
The undersigned (Contractor) for and in consideration of the value received, hereby waives and releases all liens, claims of lien, bond rights, suits, accounts, debts, demands, claims, torts, charges and causes of action against (Town of Davie), (Owner), any sureties of Contractor and their officers, directors, employees, agents, parent and subsidiary companies arising out to labor, services, work, materials or equipment performed, furnished or utilized in connection with the Rehabilitation work at ______(PROPERTY ADDRESS) through the , 2___, except as follows:
The undersigned warrants and represents that all labor, services, work, materials and equipment performed, furnished or utilized in connection with the Rehabilitation of the above mentioned property, have been paid in full, including any and all applicable duties and taxes, including sales, use and payroll taxes, if any applicable to the labor, services, work, materials and equipment performed, furnished or utilized by or for the undersigned, except as follows:
The undersigned further represents and warrants that title to all materials and equipment furnished or utilized in connection with the Rehabilitation work at the above Property through the date identified above has been transferred to the Contractor and/or Owner, that the Contractor and/or the Owner has good title to such materials and equipment, and that there are no liens, encumbrances or security interests against such materials or equipment.
Owner’s Name: Contractor’s Name:
Dated at County, Florida this_____day of
20 .
98
This form must be (1) signed by two witnesses,
Witnesses:
Print Name Contractor’s Signature
Title: Print Name or (2) Notarized:
State of Florida County of
Sworn to and subscribed before me this ____day of ______, 20____, by______, who has produced photo identification ______or is/are personally known to me.
Notary: My Commission Expires:
99
W. CONTRACTOR’S FINAL INVOICE, RELEASE OF LIENS, AND WARRANTY
TO: ______FILE NO.:______
______PROPERTY:______
KNOW ALL MEN BY THESE PRESENT:
1. As a final invoice, the undersigned hereby certifies that there is due and payable by the Owner to the Contractor under the above contract the balance or sum of $______.
2. The undersigned further certifies that all work required under this contract has been performed in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of this contract.
3. That in the consideration of the payment of the amount stated in paragraph one (1) hereof the undersigned does hereby release the Owner and the Town of Davie from any and all claims arising under or by virtue of this contract; provided, that if for any reason the Owner does not pay in full the amount stated in paragraph one (1) thereof, said deduction shall not affect the validity of this release.
4. The undersigned hereby guarantees the work performed for a period of one year and all roofing work guaranteed for a period of ( ) year(s) from the date of final acceptance of all the work required by the contract, shown on attachments herewith, all manufacturers’ and suppliers’ written guarantees and warranties covering materials and equipment furnished under the contract. The undersigned will replace faulty workmanship and materials within the period of the guarantee free of charge.
IN WITNESS WHEREOF, the undersigned, has signed and sealed this instrument this day of______, 20 .
Contractor’s Signature
Title
Company WITNESSES:
______100
X. Contractor Warranty Owner(s): Project Address:
I, the Contractor, Contractor Name, do hereby warrant that all labor, materials furnished, and work performed in conjunction with the above referenced project are in accord with the Contract Documents and the authorized modifications thereto, and will be free from defects due to defective materials and workmanship for a period of ONE YEAR from the date of project completion. This warranty commences on Month day, year, and expires on Month Day Year.
Should any defect develop during the warranty period due to improper material, workmanship, or arrangement, the same shall, upon written notice by the Owner or the Town of Davie Community Services Division, be made good by the undersigned at no expense to the Owner or the Town. Nothing in the above shall be deemed to apply to work that has been abused or neglected by the Owner.
Contractor’s Signature Date
Title
STATE OF FLORIDA
COUNTY OF Sworn to and subscribed before me this day of , 20 , by , who has/have produced photo identification or is personally known to me and who did/did not take an oath.
My Commission Expires: Notary Public
SEAL:
101
Y. Contractor Evaluation Community Services Manager Contractor:
Homeowner:
1 = Does Not Meet 2 = Needs 3 = Meets 4 = Exceeds 5 = Excellent Expectations Improvement Expectations Expectations
Question 1 2 3 4 5 Comments Did the Contractor start the project promptly? Did the Contractor communicate with the specialist? Was the Contractor accessible to the Specialist and the Homeowner? Was the Contractor patient and understanding with the Homeowner? Did the Contractor manage staff and subcontractors appropriately? Did the Contractor notify the specialist regarding project milestones (work commencement, inspections, etc.)? Did the Contractor finish the job within the contractual time? Was the quality of the Contractor’s work acceptable? Was there an excessive amount of punch list items? Did the Contractor leave the job site clean? Totals: Total Score: 0 Additional Comments:
Scoring 40 to 50 Points Excellent Any Contractor receiving an overall score of “Poor” 26 to 39 Points Good will be suspended from the bidding for 60 days. 10 to 25 Points Poor
Neighborhood Resource Specialist Date
Community Services Manager Date
Contractor Date
The signing of this form by the Contractor does not indicate agreement with the evaluation. The Town of Davie reserves the right to use this evaluation as a basis for determination of future awards.
102
Z. Contractor Evaluation Homeowner Contractor: Homeowner:
Rate the Contractor on the Following Statements: Yes No The Contractor conducted himself in a professional manner. The Contractor, his staff, and subcontractors were considerate & careful of my personal property. The Contractor, his staff, and subcontractors were considerate of my neighbors.
The Contractor, his staff, and subcontractors were neat & professional.
The Contractor was willing to answer my questions.
The Contractor returned my phone calls in a timely manner.
The Contractor provided good, quality products.
The Contractor, his staff, and subcontractors provided quality workmanship.
The Contractor kept my yard clear of construction debris.
The work progressed without numerous delays.
I was not inconvenienced beyond what I was told to expect.
The completed work was what I expected.
The Contractor responded to problems and concerns appropriately.
The Contractor explained all procedures and warranties adequately.
The Contractor recommended additional work to my residence.
I would recommend this contractor to another homeowner.
Please rate the quality of work completed:
Very Satisfied Satisfied Unsatisfied Very Dissatisfied Please explain any negative evaluation and add additional comments here. Use reverse side if necessary.
Homeowner Signature Date
103
Prepared By and Return To: TOWN OF DAVIE COMMUNITY SERVICES DIVISION 4700 Southwest 64th Avenue, Ste. D Davie, Florida 33314
AA. MODIFICATION AGREEMENT
THIS MODIFICATION AGREEMENT is entered into on (date) by and between , (hereinafter “borrower”) and Town of Davie Community Services Division (hereinafter “Lender”) with reference to the following facts;
1. Borrower has executed a Promissory Note (the “Note”) in favor of the lender in the original principal amount of $ 0.00, dated , which is secured by a Mortgage Deed (the “Security Instrument”) of even date, recorded on DATE ______BOOK PG______in the official records of County, Florida.
WHEREAS, the Borrower(s) have requested the Lender modify certain terms of the Note and Mortgage, and
WHEREAS, the Lender is agreeable to the terms of the requested Modification of Mortgage and Note, and
WHEREAS, the parties desire to restate the modified terms of said loan so that there will be no misunderstanding of the matter,
NOW THEREFORE, In consideration of the mutual promises of the parties hereto, and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Effective DATE the modified balance will be $0.00
2. The legal description of the Security Instrument that secures the loan is hereby amended and reads in full as follows:
3. The Borrower agrees to pay the Lender said balance amount due according to the terms, obligations, and conditions of the Note and Mortgage as altered by this Modification and to perform all of said conditions and obligations.
4. The parties intent that the Note and Mortgage be modified only to the extent provided hereby and all other terms and provisions of the Note and Mortgage, shall remain unaltered by this modification.
104
5. The borrower hereby warrants and covenants that the Mortgage is a valid second mortgage lien upon the property and that said Mortgage is superior in lien and dignity to any other lien or encumbrance, which may have attached to the property. Borrower further covenants that there have been no intervening liens or encumbrances filed against the borrower or the property since the execution and recording of the Mortgage.
IN WITNESS WHEREOF, the parties hereto have set their signs and seals on day first mentioned above.
Signed, sealed, and delivered In the presence of:
Owner Name
Owner Name
State of Florida County of
The foregoing instrument was acknowledged before me on this day of 20_____, by______who is personally known to me or has/have produced as identification and who did not take an oath.
Notary Public My commission expires:______
105
BB. SHIP OWNER-OCCUPIED REHABILITATION STRATEGY
Section II. Housing Strategies: Code 3 Owner Occupied Rehabilitation
a. Summary of Strategy: SHIP funds will be awarded to households in need of repairs to correct code violations, health and safety issues, electrical, plumbing, roofing, windows and other structural items, roof replacement, re-wiring, kitchen and bathroom remodeling to replace deteriorated conditions, A/C and heating systems, floor covering to replace materials containing holes, rips or tears, or in otherwise poor condition, termite treatment and repair (termite inspection required). Cosmetic items may be included on rehabilitation projects if funds are available after completing all required repairs listed above. Repairs will not be provided to nonconforming structures (those built without a permit) that are observed during the assessment, however, the Town may consider repairs to bring existing, non- permitted violations into compliance with Town of Davie Codes on a case by case basis. Mobile Homes are not eligible for this strategy.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served: Very-low, Low, Moderate
d. Maximum award: $50,000
e. Terms:
1. Loan/deferred loan/grant: Funds will be awarded as a deferred loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%
3. Term: 10 years
4. Forgiveness/Repayment: Loan is forgiven on a prorated basis so that 10% of the principal is forgiven annually.
5. Default/Recapture: The loan will be determined to be in default if any of the following occurs during the Loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as primary residence. If any of these occur, the outstanding balance will be due and payable.
In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP income eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable.
If the home is foreclosed on by a superior mortgage holder, the Town will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment.
106
f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first-qualified, first-served basis with the priorities for Special Needs, Essential Services Personnel and income groups as described in section I. (I) of this plan. Applicants who have received assistance from the Town cannot re-apply for a period of 10 years from the date of the executed home repair agreement. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: All work will be performed by contractors on the Town’s approved contractors list.
107
CC. GREEN BUILDING IMPROVEMENTS
A. Describe efforts to incorporate Green Building and Energy Saving products and processes:
The Town will, when economically feasible, employ the following Green Building requirements on rehabilitation and emergency repairs:
1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non-flat paint); 2. Low-flow water fixtures in bathrooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less, b. Faucets: 1.5 gallons/minute or less, c. Showerheads: 2.2 gallons/minute or less; 3. Energy Star qualified refrigerator; 4. Energy Star qualified dishwasher, if provided; 5. Energy Star qualified washing machine, if provided in units; 6. Energy Star qualified exhaust fans in all bathrooms; and Air conditioning: Minimum SEER of 14. Packaged units are allowed in studios and one bedroom units with a minimum of 11.7 EER.
108
DD. Sam.Gov Registration Start Guide (SEE NEXT PAGE) EE. HQS Inspection Report and Checklist
109 Quick Start Guide for Entities Interested in Being Eligible for Government Contracts
How to register your entity to be eligible for CONTRACTS in SAM:
Before you register, you need to know the following: Steps For Registering Your Entity in SAM 1. Go to www.sam.gov What is an Entity? 2. Create a Individual Account and Login In SAM, your company/business/organization is now referred to as an “Entity.” 3. Click “Register New Entity” under “Register/Update Entity” on your “My SAM” page • REGISTERING IN SAM IS FREE. • If you were registered in CCR, your company’s information is 4. Select your type of Entity already in SAM. You just need to set up a SAM account. See the 5. Select “Yes” to “Do you wish to bid on contracts?” “Migrating Roles” Quick Start Guide. 6. Complete “Core Data” ./ Validate your DUNS information Your Entity’s DUNS Number ./ Enter Business Information (TIN, etc.) You need a DUNS to register your entity in SAM. ./ Enter CAGE code if you have one. If not, one will be assigned to you • If you do not have a DUNS number, you can request a DUNS after your registration is completed. Foreign registrants must enter NCAGE code. number for free by visiting D&B at http://fedgov.dnb.com/webform ./ Enter General Information (business types, organization structure, etc. • It takes 1-2 business days to obtain a DUNS. ./ Financial Information (Electronic Funds Transfer (EFT )Information) Your Entity’s Taxpayer Identification Number (TIN) ./ Executive Compensation ./ Proceedings Details You need your entity’s Tax ID Number (TIN) and taxpayer name (as it 7. Complete “Assertions” appears on your last tax return). Foreign entities that do not pay ./ Goods and Services (NAICS, PSC, etc.) employees within the U.S. do not need to provide a TIN. ./ Size Metrics • A TIN is an Employer Identification Number (EIN) assigned by the ./ EDI Information Internal Revenue Service (IRS). ./ Disaster Relief Information • Sole proprietors may use their Social Security Number (SSN) 8. Complete “Representations and Certifications” assigned by the Social Security Administration (SSA) if they do not ./ FAR Responses Architect-Engineer Responses have a TIN, but please be advised it will not be treated as privacy act ./ ./ DFARS Responses data in SAM. 9. Complete “Points of Contact” • To obtain an EIN visit: Your entity registration will become active after 3-5 days when the IRS www.irs.gov/businesses/small/article/0,,id=102767,00.html 10. validates your TIN information. • Activating a new EIN with the IRS takes 2-5 weeks.
How do I get more information? Take a look at the SAM User Guide.
Go to Our Website: www.sam.gov Contact the SAM Help Desk: www.fsd.gov
COMMUNITY DEVELOPMENT BLOCK GRANT & STATE HOUSING INITIATIVES PARTNERSHIP FUNDING AGREEMENT
between
TOWN OF DAVIE
and
XXXXXX
PROVIDING FOR
CONTRACTOR POOL FOR HOME REPAIR PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) STATE HOUSING INITATIVES PARTNERSHIP PROGRAM (SHIP)
1
AGREEMENT No. B-XXXXXXX BETWEEN THE TOWN OF DAVIE AND XXXXXX
THIS AGREEMENT is made by and between XXXXXXX, a corporation organized and existing under the laws of the State of Florida, with offices at XXXXXXXXXXXXXX (hereinafter referred to as the "Contractor"), and the Town of Davie, a political subdivision of the State of Florida, having its principal office at 6591 Orange Drive, Davie, Florida 33314 (hereinafter referred to as the "Town").
WITNESSETH:
WHEREAS, the Contractor has offered to provide the materials and/or services and to be bound by the terms and conditions of the Request for Proposals (RFP) No. B-XXXXXX General Contractors for Home Repair Projects (Term Contract), which includes the General Terms and Conditions of the Request for Proposals, Special Conditions, Required Forms and associated addenda attached hereto and incorporated herein as Exhibit "A", and the terms of Contractor’s Proposal attached hereto and incorporated herein as Exhibit "B"; and
WHEREAS, the Contractor has submitted a written proposal pursuant to RFP No. B-17-74, hereinafter referred to as the "Contractor’s Proposal", the terms of which are incorporated herein by reference as if fully set forth herein; and
WHEREAS, the Town desires to procure from the Contractor such services for the Town, in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows:
1. The Contractor agrees to provide the materials and/or services pursuant to and to be bound by the terms and conditions of the Request for Proposals, which includes General Terms and Conditions of Request for Proposals, Required Forms and associated addenda and the terms of which are incorporated herein by reference as if fully set forth herein and attached hereto as Exhibit "A", and the Contractor's Proposal attached hereto and incorporated herein as Exhibit "B".
2. The Town agrees to abide by and to be bound by the terms of the Request for Proposals, which includes General Terms and Conditions of Request for Proposals, Required Forms and associated addenda attached hereto and incorporated herein as Exhibit "A", and by the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit "B".
3. Contractor shall deliver materials and/or provide services in accordance with the terms of the Request for Proposals, which includes General Terms and Conditions of 2
Request for Proposals, Required Forms and addenda attached hereto and incorporated herein as Exhibit "A" and with the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit "B".
4. The Town agrees to make payment in accordance with the terms of the Request for Proposals and attached hereto and incorporated herein as Exhibit “A” and with the terms of Contractor's Proposal attached hereto and incorporated herein as Exhibit “B”.
5. This Agreement and attachments hereto constitute the entire agreement between the parties hereto, and its provisions shall not be amended, except in writing, after formal approval by both parties.
6. The Agreement term will commence upon Town Council approval and expire on XXXXXXXX.
7. In addition to any other contractual indemnification provisions in Exhibit “A” or Exhibit “B” in favor of the Town, Contractor hereby agrees to indemnify and hold the Town harmless from any and all claims, suits, actions, damages, causes of action, and attorney’s fees, arising from any personal injury, loss of life, or damage to person or property sustained by reason of or as a result of the products or materials used or supplied in the performance of this Agreement.
This is a federally funded activity through the United States Department of Housing and Urban Development (HUD) and through the State Housing Initiatives Partnership Program (SHIP). Therefore, all HUD Federal rules and regulations pertaining to this activity are applicable including Section 3 requirements and Davis Bacon Wage Rates and reporting requirements, if applicable.
Assurances
CONTRACTOR agrees to comply with all applicable Federal, State, County and Local laws, ordinances, and codes and regulations, including but not limited to 24 CFR 24 Part 92, as may be amended from time to time. Any conflict or inconsistency between the above Federal, State, or County guidelines or regulations, and this Agreement shall be resolved in favor of the more restrictive guidelines or regulations.
CONTRACTOR agrees to act in accordance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which states that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which CONTRACTOR receives State financial assistance and will immediately take any measures necessary to effectuate this Agreement.
CONTRACTOR agrees if applicable, to inform affected persons of the benefits, policies, and procedures provided for under CDBG regulations.
CONTRACTOR agrees to establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for 3
private gain for themselves or others, particularly those with whom they have family, business or other ties.
CONTRACTOR agrees further that it shall be bound by these standard terms and conditions contained in this Agreement and such other rules, regulations or requirements as TOWN may reasonably impose, in addition to the aforementioned assurances provided at, or subsequent, to the execution of this Agreement by the Parties.
CONTRACTOR agrees to act in accordance with Section 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 in addressing the problem of discrimination against individuals with disabilities in such areas as employment, housing, public accommodations, education, and transportation.
CONTRACTOR shall comply with Title I and Title II of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and in State and local government services, in the course of providing any services funded in whole or in part by TOWN.
Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act
CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by TOWN, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR, shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CONTRACTOR’S decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery.
In addition, CONTRACTOR or subcontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants and employees are treated without regard to their race, color, religion, sex, or national origin.
Copeland Act (Anti-Kickback Act) 40 USC 276c
CONTRACTOR agrees to comply with the Copeland Act which makes it a criminal offense for any person to induce, by any manner whatsoever, any person employed in the construction, prosecution, completion, or repair of any public building, public work, or building or work financed in whole or in part, by loans or grants from the United States, 4
to give up any part of the compensations to which they are entitled under their contract of employment. The Act also provides for the submission of weekly statements of compliance and weekly payrolls by all contractors.
Contract Work Hours and Safety Standards Act (CWHSSA) 40 USC 327-333
CONTRACTOR agrees to comply with the CWHSSA which applies to both direct Federal contracts and indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA provides that work in excess of 40 hours per week shall be compensated for at rates not less than one and one-half times the base rate. This Act mandates that all contracts in excess of $100,000 which require the employment of laborers and mechanics (and watchman and guards) in the performance of work in connection with such projects, contain implementing provisions which will render CONTRACTOR and any subcontractor responsible for violations liable to the affected employees for their unpaid wages, and to the United States for liquidated damages. The Act established an appeals procedure and makes intentional violations of the Act a Federal criminal misdemeanor.
Davis-Bacon Act (DBA) 40 USC 276a-276a-5
CONTRACTOR agrees to comply with the DBA which provides that all workers employed by the contractor for work involving the employment of laborers and/or mechanics in conjunction with this project, shall be paid a wage not less than that delineated in a Wage Determination which has been promulgated by federal authority. It should be noted that all Wage Determinations are updated immediately prior to bid award, and the final Wage Determination, as modified, shall become a legally binding part of the Town's construction contract. The applicable Wage Determination shall be made a part of every subsequent contract and subcontract for performance of construction work on the project, and must be posted at the job site.
Working Papers Retention and Access to Working Papers
All working papers and reports must be retained at CONTRACTOR’S expense for a period of three years following final payment to CONTRACTOR and all other pending matters are closed, unless CONTRACTOR is notified in writing by TOWN of the need to extend the retention period. CONTRACTOR will be required to make working papers available, upon request, to the following parties or their designees:
• Town of Davie –-Community Services Division (OCD-CSD) • Comptroller General of the United States • U.S General Accounting Office (GAO) • Parties designated by the Federal government or by the Town of Davie as part of an audit quality review process.
In addition, CONTRACTOR shall respond to the reasonable inquires of auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.
5
Suspension or Termination
This Agreement may be terminated by either party without cause upon 45 days written notice to the other party as follows: for TOWN, Giovanni Moss, Community Development Director, 4700 SW 64 Avenue, Suite, D, Davie, FL 33314, and for the CONTRACTOR, XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. Additionally, in the event that TOWN discovers any violation of CDBG Rules and Regulations governing the terms of this Agreement during the performance of the work contemplated under this Agreement, then TOWN will notify CONTRACTOR of any corrective actions needed, and the time-line for such actions. If CONTRACTOR fails to make the required corrections within the time stipulated, TOWN may, at its discretion, suspend or terminate this Agreement for cause. All such notifications shall be by Certified-Mail, Return-Receipt Requested.
Insurance
The Contractor shall maintain and carry in full force during the Term the insurance required herein. Upon Town’s notification, the Contractor shall furnish to the Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below:
Commercial General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, Products & Completed Operations with minimum limit of $1,000,000, Personal and Advertising Injury with minimum limit of $1,000,000. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance.
Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 per person and $1,000,000 per occurrence. Town of Davie must be shown as an additional insured with respect to this coverage. The mailing address of Town of Davie 6591 Orange Drive, Davie, Florida 33314, as the certificate holder, must appear on the certificate of insurance.
Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. Must include Employers’ Liability with a minimum limit of $100,000 each accident, Disease each employee minimum limit of $100,000, Disease policy limit of $500,000. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the Town harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit a written statement detailing the number of employees and that they are not required to carry Worker’s Compensation insurance, and do not anticipate hiring any additional employees during the term of this contract or a copy of a Certificate of Exemption.
6
Compliance with Clean Air and Clean Water Acts
CONTRACTOR agrees that any contractor that has been designated by the Administrator of the Environmental Protection Agency as not in compliance with all applicable standards, orders, or requirements issued under Section 306 of the Federal Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Federal Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR part 15) shall be barred from receiving or performing work under any federally funded program until such time as that contractor can demonstrate that such designation has been abated.
Independent Contractor
CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR, shall be performed by employees of CONTRACTOR, subject to supervision by CONTRACTOR, and shall not be deemed officers, employees, or agents of TOWN. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, which policies of CONTRACTOR, shall not conflict with TOWN or State of Florida policies, rules or regulations relating to the use of these funds provided for under this Agreement.
Prior Agreements Suspended
This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to these matters; and, the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms shall be predicated upon any prior representations or agreements whether oral or written.
Amendments
TOWN may, in its discretion, amend this Agreement to conform to changes in Federal, State, Local, County and/or CDBG guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Town Council, that change the term of the Agreement, reduce the funding, or change the Project, so long as the Project consists of eligible activities under 24 CFR Part 92. Except for the provisions as set forth herein, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith.
7
Transfer or Assignment of Services
CONTRACTOR shall not transfer or assign the performance of services called for in this Agreement.
Conflict of Interest
CONTRACTOR covenants that no person who presently exercises any functions or responsibilities in connection with the Agreement or any individual has any personal financial interest, and for one (1) year following Project completion or Agreement's term, whichever is later. Any possible conflicting interest on the part of CONTRACTOR, its employees, or agents, shall be disclosed in writing to TOWN.
Conflicts
Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR, loyal and conscientious exercise of judgment related to its performance under this Agreement. CONTRACTOR, agrees that none of its employees shall, during the term of this Agreement, serve as an adverse or hostile witness against TOWN in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of TOWN in any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding regarding this Agreement. In the event CONTRACTOR, is permitted to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR, agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section.
Legal Remedies
Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sites, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise, each party waives any rights it may have to a trial by jury of any such litigation.
Third Party Beneficiaries
Neither CONTRACTOR nor TOWN intends to directly or substantially benefit a third party by this Agreement, except the Recipients, whose property is being improved. Notwithstanding that exception, the Parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim
8
against either of them based upon this Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement, except as provided herein.
Energy Efficiency
CONTRACTOR shall be responsible for adhering to the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
Remainder of this page intentionally left blank.
9
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this______day of ______, 2020.
XXXXXXXXX TOWN OF DAVIE
By: ______(Signature) By: ______Mayor Judith Paul Name: ______(Print) Date: ______
Title: ______Attest: ______Evelyn Roig, Town Clerk Date: ______Approved as to form and legal sufficiency
Attest: ______Corporate Seal/Notary Public Allan Weinthal, Town Attorney
Corporate Seal/Notary Seal
10
Registering for DemandStar
We are pleased to announce our membership in the DemandStar network. DemandStar is an online marketplace that connects our suppliers directly to the bids, quotes and RFPs that matter to them.
DemandStar is open and accessible to all businesses and provides instant access to our solicitations. By registering for your complimentary DemandStar account, you will receive:
• Instant access to bids, quotes and RFPs • Automatic notifications, right to you inbox, of bids that match the commodity codes you select • The ability to quickly view the contractual terms and scope of work • All the forms and documents you need in one place • Access to more government bids in neighboring cities, counties and states
It’s EASY! Get started with these 3 easy steps!
1 REGISTER Go to: https://www.demandstar.com/registration
2019 DemandStar® Corporation. All Rights Reserved. 206.940.0305 2 CHOOSE YOUR FREE AGENCY Type in the name of the government agency you’d like to add, for example “City of Metropolis” in the Search Box
3 CHECK OUT Check out with your FREE AGENCY Registration by clicking “Skip for now” on the page where it gives you options to add additional counties and States
SIGN UP Visit www.demandstar.com
2019 DemandStar® Corporation. All Rights Reserved. 206.940.0305 Responding to an Electronic Bid 5 Step Instructions Step 1
Many governments are moving toward requiring bid responses electronically. Here are the steps to respond to a bid Electronically. • Click on the solicitation name Step 2
Once you are in the solicitation, you will see the Bid Details page that is standard for all solicitations • When you are ready to submit your bid, click on “Submit E-Bid Proposal” Step 3
Enter information requested page- by-page and you can see what will come next via the menu bar on the left under “E-Bid Progress” Step 4
After you click NEXT on the Contact Information page, you will be directed to enter the documents required. In this example, they only ask for one document, however, in others, they may ask for multiple documents that each need to uploaded separately. TIP: There is a place for you to add “Supplemental”, i.e. non-required, documents. Step 4 continued
TIP: There is a place for you to add “Supplemental”, i.e. non-required, documents. Step 5
Review Your E-Bid Response, and if everything is correct, then press “Submit Response”
You are done! And the government to which you’ve submitted this will download your responses and documents and see the day and time upon which you submitted your proposal. WebEx Meeting Instructions Links (Click appropriate link for instructions)
Desktop: https://help.webex.com/en-us/nrbgeodb/Join-a-Webex-Meeting#id_134856
Mobile: https://help.webex.com/en-us/nrbgeodb/Join-a-Webex-Meeting#id_135069
Web: https://help.webex.com/en-us/nrbgeodb/Join-a-Webex-Meeting#id_135013
Phone Only: https://help.webex.com/en-us/nrbgeodb/Join-a-Webex-Meeting#id_134853
Town of Davie, Florida Purchasing Division (954) 797-1016
ADDENDUM TO RFP DOCUMENTS
SOLICITATION RFP No. RM-20-81 General Contractors for Home Repair Projects 2:00 PM EST ADDENDUM No. 1 RFP DUE DATE ON 06/30/2020 TODAY’S DATE 6/23/2020
To All Proposers:
This addendum is issued to modify the previously issued solicitation documents and/or given for informational purposes and is hereby made a part of the solicitation documents. Please attach this addendum to the documents in your possession and acknowledge receipt of this addendum in the space provided. RFIs
Q.1: When I submit the application, is it require to send from page 1 through page 63? A.1: Proposers are not required to submit the terms and conditions, insurance requirements, special conditions, and specifications (pages 1-36). Proposers shall submit required forms.
Q.2: After page 63 comes Contractor Application (which are only forms), Do I submit that too along with pages 1- 63? A.2: Yes, proposers shall submit Contractor Application.
Q.3: Do I need to include the contractor handbook and sample forms and documents with the pages I’m submitting for the bid? A.3: You are not required to submit the Contractor handbook or sample forms and documents.
Q.4: The part A. Transmittal Letter (page 32). Is this like a cover letter describing the company's scope of services? A.4: Yes, the minimum required items that are to be included in the letter are outlined in Section 3.6 Content of Proposal, A. Transmittal Letter
Q.5: In page 33 content of proposal part C - Contractor handbook, is calling for attachment C, while table of contest is calling attachment C sample agreement. Is there a typo or do i need to look for something in particular? A.5: That is a typo.
Reviewed by:
Digitally signed by Brian K. O'Connor Date: 2020.06.23 09:22:55 -04'00' ------Purchasing Manager Purchasing Division
6591 Orange Drive Davie, FL 33314 954-797-1016 [email protected]
Town of Davie
Date CERTIFICATE OF LIABILITY INSURANCE 06/19/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CUSTOMER SERVICE PHONE FAX Infinity Insurance Agency Inc (A/C, No, Ext): 8004282342 (A/C, No): 8553794454 Po Box 2048 Birmingham, AL 35201-2048 E-MAIL ADDRESS: [email protected] INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Infinity Assurance Insurance Company 39497 INSURED INSURED B : INSURED C : Reliant Construction Group Inc. INSURED D : 7607 Kismet St INSURED E :
Miramar, FL 33023 INSURED F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
______MED EXP (Any one person) $
______PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED A AUTOS ONLY AUTOS X 509800020681001 08/04/2019 08/04/2020 BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Davie ACCORDANCE WITH THE POLICY PROVISIONS.
6591 Orange Dr AUTHORIZED REPRESENTATIVE Davie, FL 33314
© 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SUNZ Insurance Solutions, LLC. ID: (TLR) NAME: Workers' Comp Department PHONE FAX c/o TLR of Bonita, Inc (A/C, No, Ext): 727-520-7676 x 3 (A/C, No): 727-525-3862 700 Central Ave, Suite 500 E-MAIL St. Petersburg, FL 33701 ADDRESS: [email protected] INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : SUNZ Insurance Company 34762 INSURED INSURER B : TLR of Bonita, Inc EnterpriseHR INSURER C : 700 Central Avenue Suite 500 INSURER D : St. Petersburg FL 33701 INSURER E :
INSURER F : COVERAGES CERTIFICATE NUMBER: 56254059 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $ A WORKERS COMPENSATION WC016-00001-020 6/1/2020 6/1/2021 PER OTH- ✓ STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000.00 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000.00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000.00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Coverage Provided for all leased employees but not subcontractors of: Reliant Construction Group Inc Client Effective: 9/28/2015
CERTIFICATE HOLDER CANCELLATION 8836 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Davie THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 6591 Orange Dr. ACCORDANCE WITH THE POLICY PROVISIONS. Davie FL 33314
AUTHORIZED REPRESENTATIVE
Rick Leonard © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
56254059 | TLR of Bonita PEO 016 MASTER CERT | Aimee Gray | 6/29/2020 11:05:59 AM (CDT) | Page 1 of 1
Reliant Construction Group Inc. C/O Himmler Quettan, Project Manager 7607 Kismet St Miramar, FL 33023 305-975-5596 [email protected]
Town of Davie 6591 Orange Dr Davie, Florida 33314
Re: Bid RM-20-81 General Contractors for Home Repair Projects
Dear Sir or Madam,
Reliant Construction Group Inc is a minority owned company that was established in 2014. Since then we have been dedicated to serving the various municipalities in South Florida as far as construction is concerned.
Our company is owned by Ronald Augustin, who is a certified Florida General Contractor. He also has the EPA certification. Mr. Augustin has been involved in the rehabilitation of residential homes for over two decades. Mr. Augustin is dedicated to running and operating Reliant Construction Group Inc in a manner that is exemplary for the community and his peers.
Reliant Construction Group Inc is located in Miramar, which is minutes away from The Town of Davie.
We are interested in becoming one of the contractors for your pool because of your town’s great reputation and track record of dealing with contractors. Our project manager, Himmler Quettan, is no stranger to your town. He has completed many projects in and for The Town of Davie. All his projects with your town and every city he has worked with; has been completed in a timely manner. We are committed to upholding that standard and we are committed to performing the required work in this RFQ. Furthermore, we are committed to performing said work at the highest level.
Our direct employees and sub-contractors specialize in the different phases of construction which include but are not limited to minor and major structural repairs and restorations, window and door installation, drywall and framing installation, and minor plumbing, electrical, mechanical, roof repairs. Major mechanical, roofing, electrical, and plumbing will be handled by our fully licensed, fully insured, and fully qualified sub- contractors. We also specialize in mold remediation and lead abatement.
We specialize in government projects such as yours. Thus, we are intimately acquainted with government programs funded by HUD, CDBG, HOME, and NSP grants and funds. In the past we have worked with and/or are currently working with The City of North Miami, The City of Opa-Locka, The City of Coral Springs, The City of Tamarac, and The City of Ft. Lauderdale. We have also partnered with Construction Management Firms; such as CRA and Broward Minority Builders.
We have the financial stability, strength, and experience to handle as many as 10 government jobs at one time. Our ratings with the cities we have worked with, along with homeowner ratings has always been and continue to be high.
We are confident in the fact that we can be an asset to your pool of contractors. Because….
1) 90% of our work is with city and municipality programs such as yours 2) Our project manager is intimately acquainted with most if not all the inspectors in your pool 3) We have the funds to run multiple projects at once
We would like to thank you in advance for choosing our company to be part of your pool. We look forward to working you.
Sincerely,
Himmler Quettan, Project Manager for Reliant Construction Group Inc.
305-975-5596 [email protected]