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HomeMy WebLinkAbout2005 10 06 Vortex Aqua Structures BidMY Of SFBAT �1J HOME OF PELICAN ISLAND MEMORANDUM Date: October 6, 2005 TO: Vortex Aqua Structures FROM: Linda Kinchen, Administrative Supervisor Subject: Splash pad bid Please find attached bid specifications for a splash pad. Please forward these to your Installation contractor. The bid opening is November 8th, 2005. R of S. -JE. ......... ... HOW OF PELICAN IRD 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 388-8241 FAX (772) 581-0149 E-MAIL=cmccarthy@cityofsebastian.org BID DOCUMENTS SPLASH PAD BY VORTEX PREPARED BY CITY OF SEBASTIAN PUBLIC WORKS PARKS AND RECREATION DIVISION CONTACT: Mr. Chris McCarthy, Superintendent (772) 388- 4401 cmccarthy@cityofsebastian.org CITY OF SEBASTIAN - BID SPLASH PAD NOVEMBER 2005 TABLE OF CONTENTS 1 NOTICE OF INVITATION FOR PROPOSALS 2. PROPOSAL PRICE FORM 3. INSTRUCTIONS FOR BIDDERS 4. BIDDER'S QUALIFICATION QUESTIONNAIRE 5. ATTACHMENT `A' FORM OF AGREEMENT WHICH INCLUDES a. GENERAL TERMS b. DRUG FREE WORKPLACE FORM c. PUBLIC ENTITY CRIMES FORM b. ATTACHMENT `B' WHICH INCLUDES a. TECHNICAL SPECIFICATIONS and PLANS IMPORTANT NOTICE TO BIDDERS! t I ! ! SUBMIT TWO (2) SETS OF THE BID AS FOLLOWS: 1. BID PROPOSAL PRICE FORM COMPLETELY FILLED OUT AND SIGNED 2. PROOF OF INSURANCE AS REQUIRED IN THE INSTRUCTIONS FOR BIDDERS 3. PROOF OF LICENSES 4. DRUG FREE WORKPLACE FORM EXECUTED 5. PUBLIC ENTITY CREMES FORM EXECUTED 7. BIDDER'S QUALIFICATION QUESTIONNAIRE 8. REFERENCES INCLUDING ADDRESS AND PHONE NUMBER TO CONTACT FAIL URE TO SUBMIT THE ABOVE MAY SUBJECT YO UR BID TO REJECTION. READ ALL OF THE BIDDING DOC UMENTS PROVIDED AND THEN SUBMIT YO UR BID ACCORDINGLY. NOTICE OF INVITATION TO BID SEALED BIDS FOR A LICENSED FIRM TO FURNISH AND INSTALL A VORTEX SPLASH PAD, WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL 2:30 P.M. ON, NOVEMBER 08, 2005. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: VORTEX SPLASH PAD OPEN: NOVEMBER 08,2005 @ 2:00 P.M. The City of Sebastian is seeking bids from licensed firms for the construction of a Splash Pad by vortex at the Riverview Park. Suitable equivalent Splash Pads will be considered. The Contractor shall be able to be properly licensed in the City of Sebastian, and shall show Proof of Insurance to conduct its business, with all licenses, permits, and certificates as required by all local, State of Florida, and Federal agencies. Vendor must be capable of obtaining the appropriate licenses and certificates in the City of Sebastian. Firms interested in preparing a bid may pick up or request a complete bid package from the Office of Public Works 772-589-5490. All items bid shall conform to the Contract Documents in their entirety, and no bid shall vary from the Contract Documents unless specifically approved in advance in writing by the City. Any bids received without Public Entity Crime Form, Drug Free Workplace Form, Proof of Insurance (in the amounts specified in the Contract Documents), and Bidder's Qualification Questionnaire, may be considered incomplete and immediately disqualified. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. This contract contains a liquidated damages clause of $ 100.00 per calendar day. Questions concerning this project should be directed to Chris McCarthy, Superintendent (772) 388-4401. A mandatory pre-bid conference has been scheduled for October 25, 2005 @ 2:00 P.M., at the address stated above in City Hall. Attendance is mandatory for all bidders. Pre Bid Conference will include site visit. Bids duly submitted will be publicly opened and read aloud at date and time specified above, in City Hall. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non -substantial irregularities. CITY OF SEBASTIAN - BID SPLASH PAD - NOVEMBER 2005 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, the project site and the location conditions, and time schedule affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and fiunish all the supervision, labor, materials, tools and equipment necessary to provide the services meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may be issued. By the signature below, the Contractor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Contractor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. LUMP SUM PRICE ............................... $ AWARD SHALL BE MADE TO THE BIDDER THAT SUBMITTS THE LOWEST LUMP SUM PRICE or LOWEST ALTERNATE LUMP SUM PRICE PROVIDING THAT THE BIDDER IS BOTH RENSPOSIVE AND RESPONSIBLE. NOTE: CONTRACTOR WARRANTS TOTAL CONTRACT COMPLETION TIME SHALL NOT EXCEED CONSECUTIVE CALENDAR DAYS. Authorized Signature Firm Name & Address Date Signed Printed Name Title Phone Number RIVERVIEW PARK SPLASH PAD SERVICES AGREEMENT THIS AGREEMENT made this day of , 20052 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and ("Contractor"), sets forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence and experience in the construction of Splash Pads; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows: 1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), the Bid Documents, Technical Specifications including Site Plan, Contractor's Bid Proposal with all related Documents and Drawings, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. (a) Intent. The Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. These documents establish minimum design standards of quality for this Project. They do not purport to cover any details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, tools and 1 transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. (b) Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City as required for the electrical construction and lighting, in accordance with the Agreement Documents for the project. 4. TECEMCAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications, and other Agreement Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Contract Documents and all incidental work considered necessary to complete the Work entirely ready for use, occupancy, or operation in a manner acceptable to the City. 2 Any discrepancies found between the Contract Documents and site conditions, or any errors or omissions in the Contract Documents, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in the Contract Documents may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Contract Documents, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by the Contract Documents. All work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. of $ 5. COMPENSATION. The City will pay the Contractor the FIXED AMOUNT for performance of the Work hereunder. Payment shall be made for all Work completed by the Contractor during each calendar month which has been accepted by the City and has been properly documented. Payments shall not be made for Work deemed incomplete or deficient by the City. At the end of each month, the Contractor shall submit an invoice with the supporting documentation of all work completed and accepted by the City for that month to the Finance Department 3 and payment of the approved invoice amount less 10% retainage shall be made within thirty (30) days of receipt. Claims. Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor and City that the Work has been completed in accordance with the terms of the Contract Documents, the completion of the Work shall be certified by the City. At that time, the Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work order. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. 7. PROJECT SCHEDULES The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. Completion of the Project shall be achieved within calendar days of the Notice of Commencement. 4 No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City when the City determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Contractor or the City shall become aware of any condition that may be cause for suspension of the Work, they shall immediately advise the concerned parties of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 8. TERM[NATION OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done by the Contractor shall remain the property of the City. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be subject to the construction review of the City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Technical Specifications and all 5 technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Project Manager who will resolve such questions. All materials and each part or detail of the Work shall be subject at all times to construction review by the City. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Technical Specifications is subject to such inspection. The City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall hold and maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work as described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub -Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. �-I All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any worker, including supervisors, employed by the Contractor or subcontractors who, in the opinion of the City does not perform work under this Agreement in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, the Contractor shall notify the City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. 13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. 14. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an 8 independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -contracts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City. Any subcontracts or outside associates or Contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City. 16. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City of Sebastian, its officers agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, officials representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, subcontractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform contractor's obligations pursuant to this contract. 17. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 18. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or 9 employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 19. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 20. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 21. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 22. PUBLIC ENTITY CRIME The Contractor shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in 10 Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 23. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 24. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 25. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 26. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance with the Agreement, the City shall hold all the payments requested for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with its own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. 11 Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays (but not as penalty) of one hundred dollars ($100.00) per day for each calendar day exceeding the number of days indicated by Clause 7, PROJECT SCHEDULE of this Agreement (including extensions approved by written change orders). This amount represents an estimate of the City's damages for aesthetic and efficiency loss to its citizens and administrative costs associated with the deficiencies and delays. 27. BOND. None required for the projects under this Agreement. 28. CONSTRUING PROVISIONS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. In any conflict between the Technical Specifications, and the general terms of this Agreement, the provisions of the latter shall prevail. 29. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liabilitv - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liabilitv - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to ftu-nish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub -contractors have full insurance coverage as stated above. 12 The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 30. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by City. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the City for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. Any materials, equipment or work which do not satisfactorily meet the Technical Specifications, Contract Documents may be condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the 13 Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. IN WITNESS WIEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written. ATTEST (SEAL): Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the presence of- Name: f Name: THE CITY OF SEBASTIAN M Al Minner, City Manager CONTRACTOR: LM Name: Name: Title: 14 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 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' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, 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 a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that 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 1893 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 Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 15 Contractor PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order in excess of the threshold amount) to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 16 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIlVIES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with the Barber St. Sports Complex Storage Building Services Agreement for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by whose business address is and (if applicable) its Federal Employer Identification (FEIN) is . 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. 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 with 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 misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutesmeans 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, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 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. 17 7. I understand that a "person" as defined in Paragraph 287.13 3 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the 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, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have 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 the officers, directors, executives, partners, shareholders, employees, members or agents who are active in 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, .AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest, to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not. been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) Date: 18 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2005 by , (title) on behalf of . He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. (Notary Signature) Name: My Commission Expires: Commission Number: 19 CITY OF SEBASTIAN INSTRUCTIONS FOR BIDDERS 1. PRE-BID CONFERENCE (ONLY IF CALLED FOR IN THE NOTICE OF INT17TATION TO BID) A mandatory pre-bid conference shall be held at the City of Sebastian City Hall, at the time and date specified in the Notice of Invitation to Bid. All prospective bidders are required to attend this conference. Questions concerning the project or bid requirements may be addressed at this time. 2. REQUIRED COPIES Two (2) sets of bids shall be submitted on the Bid Proposal Price Form provided, including any other forms, proofs, and documents as required. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show (lower left comer) the name of the Bid, and the date and time of opening. The envelope shall also show the name and address of the Bidder. The Bid shall be submitted as stipulated in the Notice of Invitation to Bid. 4. BIDS NOT CONSIDERED Bids not considered are Late Bids, telegraphed or faxed Bids and bids which do not conform to the instructions contained in the Notice Of Invitation To Bid. Bids may be withdrawn by fax or telegraph provided that such notices are received prior to the date and time specified in the Invitation. 5. BID OPENING Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Opening of the Bids will commence at the date and time specified in the Notice Of Invitation To Bid, and publicly read aloud, providing one or more Bidders are in attendance. The Purchasing Agent or his designee shall be present at all Bid openings. 6. BID EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening, by appointment only, by contacting the City Clerk's office at 772-589-5330. 7. REQUIRED INFORMATION Bidders shall follow all instructions and provide all information requested on the Bid Proposal Price Form. Bidders wishing to qualify all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. 8. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed by the Bidder in ink. Instructions Page 1 of 5 9. NEW EQUIPMENT AND MATERIALS Prices shown on the bids shall be prices for new equipment and materials, and the successful bidder shall warrant same for a period of not less than one (1) year from the installation date, or as otherwise stated. 10. SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 11. CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian; fin ther, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the Bidder prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. 12. LICENSING, CERTIFICATION, AND/OR REGISTRATION Contractors must show their current occupational license, as well as any licenses required by Chapter 4892 F.S., Section 62C-20 (F.A.C.), and/or by the US EPA, FL DEP or the FL Department of Agriculture and Community Affairs. All licenses shall be up to date. Contractors must show their current Contractors license. Prior to start of work, if the Bidder is a State Certified General Contractor, the Bidder must be registered with the City of Sebastian; if the Bidder is a State Registered General Contractor, then the Bidder must hold a Competency Card with the City. In any event, the Contractor shall contact the Administrative Assistant Kathy Nappi at the Building Department 772-589-5537 and insure compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Failure to comply with the above may result in the rejection of the Bid. Two (2) copies of any license, or certification as required shall be submitted with the bidding documents. A certificate or letter showing compliance with the City's Contract Licensing requirements must be obtained from the City's Building Department, and is required on this project prior to execution of a contract, and shall be submitted to the Purchasing & Contract Administrator with any Instructions Page 2 of 5 payment/performance bonds which may be required In essence, this authorizes you to perform work in the City of Sebastian. Any Sub -Contractors) must also be certified 13. CORRECTIONS, CANCELLATION, & WITHDRAWAL A. Bidders may be asked to provide further information after bid opening to determine the responsibility of the vendor. B. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to be provided with the bid and becomes a matter of responsiveness. The bid shall be considered responsive if it substantially conforms to the requirements of the Invitation to Bid. The City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. C. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be corrected. In cases of errors in mathematical computations, the unit prices shall not be changed. D. Cancellation or Postponement: The Purchasing & Contract Administrator may cancel or postpone the bid opening or cancel the Invitation to Bid in its entirety. E. Withdrawal: Prior to any published bid opening date and time, a bidder may withdraw his or her bid in writing. A fax is permitted for this purpose, provided a confirming telephone call is made. F. Amendments: Prior to any published bid opening date and time, a bidder may amend the bid provided that it is in writing, in a sealed envelope, and identified. 14. AVAILABILITY OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. 15. PUBLIC ENTITY CRIMES Any person or firm submitting a bid in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said bid. 16. DRUG-FREE WORKPLACE The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding documents. 17. BID GUARANTEE Instructions Page 3 of 5 The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. 18. BID BOND (ONLYIFCALLED FOR INTHENOTICE OFEMTAT70NTo BID) A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and must be submitted along with two (2) copies of the Bid, failure to do so will automatically disqualify the Bid. Unsuccessful bidders shall be entitled to a return of surety after final award of bid. A successful bidder shall forfeit the amount of its security upon failure on his part to execute a agreement within ten (10) days after receipt of a proposed agreement from the City unless the time for executing the agreement is extended by the City. 19. PAYMENT AND PERFORMANCE BONDS (ONLY IF CALLED FOR 17V THENOTICE OFINVITAHON TO BID) A Payment and Performance Bond equal to one hundred percent (100%) of the Agreement price shall be required on this project, and shall be provided by the successful bidder at the stipulated time of the execution of the agreement, failure to do so shall cause said bidder to be in default and forfeit his Bid Bond in its entirety. (Sample Forms are provided for information purposes.) NOTE: BID BOND AND PAYMENT AND PERFORMANCE BOND REQUIREMENTS: The bond(s) shall be provided by a surety company authorized to do business in the State of Florida, and approved by the City. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashiers check or an irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the State of Florida. The form of the check or letter of credit must be approved by the City. Attorneys -in -fact who sign Bonds must file with each bond a certified and effective dated copy of their Power - of Attorney. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State of Florida. 20. LIQUIDATED DAMAGES (ONLY IF CALLED FOR IN THE NOTICE OF BVVITATION TO BID) The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) per day for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. 21. INSURANCE All bidders shall submit evidence of insurance as follows; Auto Liability, Workers Compensation, and General Liability. Cost for all insurance shall be born by the bidder. All insurance shall be Instructions Page 4 of 5 acceptable to the City in its sole discretion. 22. BID AWARD The contract/agreement will be awarded to the lowest responsive and/or responsible Bidder whose bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City. 23. REJECTION OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all non -conforming, non-responsive, imbalanced, or conditional Bids. More than one Bid from an individual, firm or association under same or different names, will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. 24. References are required and must be submitted with the Bid proposal form. Failure to submit references as required may disqualifyyour Bid. Name and phone number to contact shall be included. 25. LIST OF SUB -CONTRACTORS A list of Sub -Contractors is required and must be submitted with the Bid proposal. Failure to submit a list of Sub -Contractors may disqualify your Bid. 26. CO-OPERATIVE PURCHASING It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other Government Entities to -"piggyback" purchase from this proposal by mutual consent. Any such purchase shall be separate and apart from the City of Sebastian, and said City assumes no liability for such action. 27. DISCRIMINATION The Bidder/Contractor shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. Instructions Page 5 of 5 eel, -Ter ;PLASHPAD AREA: 1804.4f1' (167.7m') iRID: 1 SQUARE = 2 ft x 2 ft 5 114 -- ---\ ----------- I POWER v1 -G0;1 A I v0R-Tes0 ce0e-Pwn1 I FROG GUEST e vaR-me 000c ! I I� ------------- I I � I IIT I I I I I I l 1 \ / I f I RAINING ILOwER WATER IELLr 05 vOR0010000' Vo9RTEX 1-877-5867839 www.Nor[ex-ine.eom 1[,T,1 City of Sebastian Splashpao. FL Spray Zone Plan View 41' 113m1 SR 08-12-05 L[ 177-87,,-, Ft. (m) r 1/1 Rn OG InIN'M1. 'N'