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1593 A-1 Ultimate Home Inspection Dorothy A Sinan r -,...._, ei,,, .:, 159 cr., vr ST\f01fl , • RIB Tuesday, July 02, 2013 i 0 i — 1877 - , CO .r PURCHASING DEPARTMENT 4-1 -I TRANSMITTAL MEMORANDUM To: City Clerk /City Manager Y Y er g RE: A -1 Ultimate Home Inspection Dorothy A Sinan Piggy Back with the City of Port St Lucie # 20130051 less than $50,000 The item(s) noted below is /are attached and forwarded to your office for the following action(s): n Development Order 1 I Mayor's signature n Final Plat (original mylars) I I Recording l Letter of Credit / -'- :•-� rh__T/- n 3 Maintenance Bond n Safe keeping (Vau / n Ordinance IN 1- :. . I" anager Performance Bond n Payment Bond Resolution n City Manager Signature , 1 X City Clerk Attest /Signature Z ,F -7 - j(J - / 3 Once completed, please: n Return originals to Purchasing Return copies n w Special Instructions: Marisol Ordonez p2. � 3 (JrVrt Date T: \Dept_fonns \City Clerk Transmittal Memo - 2009.doc r:‘ T-i T®I 9INFOliTi 1.1. I.A. co co i -187 77 i c\I 1-I 4-4 DOCUMENT APPROVAL 7/212013 12:55 PM Contract Agreement Name: A -1 Ultimate Home Inspection Dorothy A Sinan Piggy Back with the City of Port St Lucie # 20130051 less than $50,000 /1/ ■ ., 7 . � ` 2 - %i ' asing M.'ger ii Date -i-t-; .- \\ A ,; \ _k, Finance Director Date / I 1t/ I I 7-d - 3 t1.1111 �i� / City fAo ey / Date e i: NO fa✓iJ /2 idrb atkAnvitt 0464411 o N a filMold /0 i /1444d a isiessya#"-li . Daiitagia 7 Pvik /,‘---1 4 r^I PIGGYBACK CONTRACT FOR HOME INSPECTION SERVICES WITH "A ULTIMATE r HOME INSPECTION" A/K/A "A -1 ULTIMATE HOME INSPECTION" A/K/A 4�:1 "DOROTHY A. SINAN" The City of Sanford ( "City ") enters this "Piggyback" Contract with "A Ultimate r°° P Home Inspection" a/k/a "A -1 Ultimate Home Inspection" a/k/a "Dorothy A. Sinan ", (hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: 1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with the City of Port St. Lucie, Florida, said contract being identified as "City of Port St. Lucie Contract # 20130051"; said original contract being referred to as the "original government contract "). 2. The original government contract, and related documents, are incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original govemment contract are fully binding on the parties and said terms and conditions are incorporated herein. 3. Notwithstanding the requirement that the original govemment contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original govemment contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ( "Term ") of this Contract: (state N/A if this is not applicable). N /A. (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N /A. 1 (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). (1). Address change for the City: Notwithstanding the address and contact information for the govemment entity as set out in the original government contract, the Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Andrew Thomas, Senior Project Manager, Office Of the City Manager, City of Sanford, Post Office Box 1788, 300 North Park Avenue; Sanford, Florida 32771 -1778, telephone number (407 -688 -5132) and whose e-mail address is: Andrew.Thomas @Sanfordfl.gov. (2). Notwithstanding anything in the original govemment contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (3). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non - binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. 2 (4). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State, or local regulatory agencies including, but not limited to, those listed in the exhibits hereto relating to Community Development Block Grant projects, activities and programs of the City and, to that end, any and all Federal laws, rules and regulations applicable to Community Development Block Grant programs, and with regard to work funded under those programs, shall be applicable and are incorporated herein by this reference thereto. (5). Notwithstanding anything in this document or the original govemment contract, no travel expenses shall be paid to the vendor and the vendor shall not be paid for travel time associated in any way with the provision of service. (d). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. SIGNATURE PAGE FOLLOWS 3 Entered this � day of �: , 013. Attest: $ 0714.e., LESLEY GEORGE "A Ultimate Home Inspection" a/k/a * � , MEXCPPi ES :Jul 31,201 "A -1 Ultimate Home Inspection" a /k/a • .; Bonded Nu Notary PuNc Underwdtens "Dorothy A. Sinan" By: A. • Signature of Witness # 1 Dorothy . Sinan I Printed Name: L 5 Date: / a /(3 // ti, ,te, r y Signature of Witn #2 Printed Name: /frbei-4cL gKo Attest: City Of Sanford -C1�: B f y. J net Dougherty, City CI e t ✓ Norton N. Bona , ., I CMA -CM City Mana (B delegation). f/ ' Date: --/ Approved as to form and legal sufficiency. # .A dli m L. Colbert City Attem 41 r„ #/1416- civtavi Itt4 4 ExhibitA City of Port St Lucie Solicitation No. 20130051 (said original government contract) di TORT � 66 + 4 4 CITY OF PORT ST. LUCIE Office of Management & Budget %mpt A CITY FOR ALL AGES April 25, 2013 Dorothy A. Sinan, Owner A Ultimate Home Inspection 2081 SE Wald Street Port St. Lucie, FL 34984 Subject: Contract #20130051— Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment for the City Housing Programs Dear Ms. Sinan: As a result of the above bid, your Company has been selected (subject to City Council approval on May 13, 2013) to receive the award. Attached is the Contract for this project. Please print two (2) originals to have signed and notarized in the spaces provided, furnish the required certificate(s) of insurance, an invoice for the $10.00 Indemnification Fee, and return all documents as soon as possible to the attention of: Gina Jolly, Contract Facilitator Office of Management and Budget 121 S.W. Port St. Lucie Blvd. Port St. Lucie, FL 34984. In signing the Contract do not complete the blank space for the date. Our staff will date the Contract when formally executed. The Contracts will be executed by the City Manager, at which time one original will be returned for your files. If you have any questions or need additional information from this office, please do not hesitate to contact me. Sincerely, Helen Quintana, CPPB c: Gina Jolly Attachment: 121 S.W. Port St. Lucie Blvd. — Port St. Lucie FL. 34984 Telephone # 772 - 871 -5223 Fax # 772 - 871 -7337 20130051 -52 • QORTs _ �G CITY OF PORT ST. L1JCI n m CITY CLERK'S OFFICE p t sT. � P LOR1O C " A CITY FOR ALL AGES "A City for All Ages" LETTER OF TRANSMITTAL Date: Tune 6, 2013 To: A -1 Ultimate Home Inspection Services 2081 S.E Wald Street Port St Lucie, FL 34984 From: City Clerk's Office City of Port St. Lucie 121 SW Port St. Lucie Blvd. Port St. Lucie, Fl 34984 RE: Contract #20130051 Inspection & Coordinating Activities for Repair, Rehabilitation, and Redevelopment of Housing Programs Please find enclosed: • X Fully executed original contract fdr your file. Fully executed copy of the contract for your file. Other: Sincerely, Sally Walsh Deputy Clerk/Record Analyst 121 S.W. Port St. Lucie Blvd. • Port St. Lucie. FL 34984 -5099 • 772/871 -5157 • Fax 772/344 -4094 • TDD ti 772/873 -6340 MEMORANDUM DATE: June 3, 2013 TO: City Clerk's Office - FROM: Gina Jolly Contract Facilitator Office of Management & Budget SUBJECT: Authorization to Release Contract CONTRACT #: 20130051 CONTRACT TITLE: Inspection & Coordination Activities for Repair, Rehabilitation, and Redevelopment of Housing Programs VENDOR NAME: A -1 Ultimate Home Inspection Services VENDOR ADDRESS: 2081 SE Wald Street CITY & STATE: Port St. Lucie, Fl 34984 ENCUMBRANCE REQUIRED: DATE COUNCIL APPROVED: 5/13/13 Please accept this memorandum as your authority to distribute the executed document. Thank you. Attachments: 2 Original signed contracts, dept memo, sign off sheets RECEIVED JUN 052013 City Manager's Office ♦., , ,. •gib .r...:.: „. ,...,a:..�.....::_ ..:.:., y,....,._ r...::. ».— e- :.s.., :, «— .. ..,rh .,,:,,,. . ,.• »:, . :.._. .. .. _.re m,erc... .... Inspection and Coordination Activities for Repair, Rehabilitation and' Redevelopment of City Housing Programs CITY OF PORT SAINTLUCIE CONTRACT #20130051 This CONTRACT, executed this day of T 3 . \ L. , 2013, by and between the CITY OF PORT ST. LUCIE, FLORIDA, a municipality, duly organized under the laws of the State of Florida, hereinafter called "City" party of the first part, and A ULTIMATE HOME INSPECTION SERVICES, 2081 SE Wald Street, Telephone (772) 879 -0093, Fax No. (772) 879 - 0172, hereinafter called "Contractor ", party of the second part. RECITALS In consideration of the below agreements and covenants set forth herein, the parties agree as follows: CONTRACT SUPERVISOR Notices All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person, sent by certified mail with return receipt request, email or fax and addressed as follows unless written notice of a change of address is given pursuant to the provisions of this Contract. City Contract Administrator: Office of Management & Budget Attn: Cheryl Shanaberger City of Port St. Lucie 121 SW Port St. Lucie, Blvd. Port St. Lucie, FL. 34984 Telephone: (772) 871 7390 Fax 772 871 733,7 Email: cshanaberger@cityofpsl.com City Project Manager: Patricia A. Tobin, Assistant Director Community Services Department City of Port St. Lucie 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 Telephone (772) 873 -6350) Fax (772) 344 -4340 SECTION 1 DESCRIPTION OF SERVICES TO BE PROVIDED The specific' work that the Contractor has agreed to perform pursuant to the Bid Specifications and all Addenda, made a part of this Contract, is Inspection and Coordination Activities for.Repair /Rehabilitation for Homes in the City # 201 30051. 1 of 10 Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment of City Housing Programs Contractor shall perform the following duties: 1. For owner occupied homes to be repaired/rehabbed with funds from the Port St. Lucie housing program, the following duties will apply: a. Inspect owner occupied homes to be repaired/rehabilitated with funds from the Port St. Lucie housing program upon receipt of information from housing staff. b. Determine which repairs qualify as eligible for assistance, in coordination with housing staff and prepare a cost estimate. c. Assist homeowners to obtain proper bids from contractors, preparing specific work write -ups for each repair when necessary. d. Provide digital photos of work to be done for each file before and after repairs. e. Request purchase orders for successful contractors/bidders and convey information on payment release procedures to homeowners /contractors. f. Conduct preconstruction conferences with homeowners and contractors on any repair items over $2,500. Coordinate formal bidding process with housing staff and the Office of Management and Budget for repairs over $25,000, if required. g. Coordinate any dispute resolution between contractor and homeowner in conjunction with housing staff. h. Prepare a list of two (2) or three (3) appliance vendors (and other vendors as required) who will agree to sell their items at a reasonable rate to housing program applicants with a purchase order from the City, if required by housing stag. 2. For City owned homes to be repaired /rehabbed or redeveloped with funds from the Port St. Lucie housing program, the following duties will apply: a. Inspect repairs on City owned homes where permitting is not required according to the procedures manual or upon request from housing staff. b. Work with housing staff, building department and contractors to ensure completion of repairs according to housing program specifications and in a timely manner. 2 of 10 .. _ . _ u. _ _..... - _ /c ._-- ...... ...... ...... .J. ._.__:1. _..t' -« a ..v....t ...,.... .�.... .. 1 ....... Via...:' ?.au... Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment of City Housing Programs 3. For both owner occupied and City owned homes the following duties will apply: a. Authorize change orders with City approval where work will exceed the original estimate, inspecting areas of potential increased cost as necessary, in coordination with housing staff. b. Inspect repair work when finished (as evidenced by an invoice to the City) if no permit was required. (If a permit is required, the building department will inspect the repair work.) c. Maintain contact with City Building Department staff to stay current with local code enforcement regulations, contractor licensing requirements and permitting requirements. d. Maintain separate billing process (hourly time sheet) for inspections; work write - ups and coordination procedures for each program and based on specific rates. The cost of all duties listed herein should be included in the hourly price. e. Plan and conduct home maintenance workshops /classes for homeowners and /or potential homeowners, including routine maintenance tasks, prioritization of repairs and /or improvements, doing work yourself or hiring professionals, establishing a reserve, etc. Frequency and length of session will be established by housing staff according to need. SECTION II TIME OF PERFORMANCE Contract period shall commence June 10, 2013 and terminate June 9, 2016. In the event all work required in the bid specifications has not been completed by the specified date, the Contractor agrees to provide work as authorized by the Contract Supervisor until all work specified in the bid specifications has been rendered. SECTION III • COMPENSATION The total amount to be paid by the City to the Contractor is to be determined by the actual number of inspections and coordination activities performed in accordance with the following rates: Inspections: $ 55.00 Per Hour Coordination Activities: $ 55.00 Per Hour Training/Education $100.00 Per Class (based on 2 hrs. min.) Contractor shall invoice the City for the amount of the indemnification payment and said invoice shall accompany the signed Contracts. 3 of 10 • Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment of City Housing Programs The Contractor shall not be paid additional compensation for any loss, and /or damage, arising out of the nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulties encountered in the performance of the work, or for any expenses incurred by or in consequence of the suspension or discontinuance of the work. Invoices for services shall be submitted once a month, by the 10th of the-month, and payments shall be made within thirty (30) days unless contractor has chosen to take advantage of the Purchasing Card Program, which guarantees payment within several days. Payments shall be made provided the submitted invoice is accompanied by adequate supporting documentation and approved by Contract Supervisor. No payment for projects involving improvements to real property shall be due until Contractor delivers to City a complete release of all claims arising out of the contract or receipts in full in lieu thereof, and an affidavit on his personal knowledge that the releases and receipts include labor and materials for which a lien could be filed. All invoices and correspondence relative to this contract must contain the Purchase Order number and Contract number. SECTION IV CONFORMANCE WITH BID It is understood that the materials and/or work required herein are in accordance with the bid made by the Contractor pursuant to the Invitation to Bid and Specifications on file in the Office of Management and Budget of the City. All documents submitted by the Contractor in relation to said bid, and all documents promulgated by the City for inviting bids are, by reference, made a part hereof as if set forth herein in full. SECTION V INDEMNIFICATION/INSURANCE The Contractor agrees to indemnify, defend, and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligent acts, recklessness, or intentional wrongful misconduct of the Contractor or Contractor and persons employed or utilized by the Contractor in the performance of the construction contract. As consideration for this indemnity provision the Contractor shall be paid the sum of ten dollars ($10.00), which will be added to the contract price, and paid prior to commencement of work. The Contractor shall, on a primary basis and at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverage, limits, including endorsements, as described herein. The requirements contained herein, as well as City's review 4 of 1 0 Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment of City Housing Programs or acceptance of insurance maintained by Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract. The parties agree and recognize that it is not the intent of the City of Port St. Lucie that any insurance policy /coverage that may be obtained pursuant to any provision of this Contract will provide insurance coverage to any entity, corporation, business, person, or organization, other than the City of Port St. Lucie and the City shall not be obligated to provide any insurance coverage other than for the City of Port St. Lucie or extend its sovereign immunity pursuant to Section 768.28, Florida Statutes, under its self - insured program. Any provision contained herein to the contrary shall be considered void and unenforceable by any party. This provision does not apply to any obligation imposed on any other party to obtain insurance coverage for this project, or any obligation to name the City of Port St. Lucie as an additional insured under any other insurance policy, or otherwise protect the interests of the City of Port St. Lucie as specified in this Contract. The Contractor shall agree to maintain Workers' Compensation Insurance & Employers' Liability in accordance with Section 440, Florida Statutes. Employers' Liability must include limits of at least $100,000 each accident, $100,000 each disease /employee, $500,000 each disease /maximum. A Waiver of Subrogation endorsement must be provided. Coverage should apply on a primary basis. Should scope of work performed by Contractor qualify its employee for benefits under Federal Workers' Compensation Statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must be provided. Commercial General Liability insurance issued under an Occurrence form basis, including Contractual liability, to cover the hold harmless agreement set forth herein, with limits of not less than: Each occurrence $1,000,000 Personal/advertising injury $1,000,000 Products/completed operations aggregate $2,000,000 General aggregate $2,000,000 Fire damage $50,000 any 1 fire Medical expense $5,000 any 1 person An Additional Insured endorsement must be attached to the certificate of insurance and must include coverage for Completed Operations (should be ISO CG20101185 or CG20371001 & CG20100704) under the General Liability policy. Products and Completed Operations coverage to be provided for a minimum of five (5) years from the date of possession by owner or completion of contract. Coverage is to be written on an occurrence form basis and shall apply as primary. A per project aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation is to be provided in favor of the City. Coverage for the hazards of explosion, collapse and underground property damage (XCU) must also be included when applicable to the work performed. Coverage shall extend to independent contractors and fellow employees. Contractual Liability is to be included. Coverage is to include a cross liability or severability of interest's provision as provided under the standard ISO form 5 of 1 0 inspection. and•Coordination Activitiesfor Repair; Rehabilitation and Redevelopment of City Housing Programs separation of insurers clause. There shall be no exclusion for Mold, Silica or Respirable Dust or Bodily injury or Property Damage arising;out.ofheat; smoke, fumes ash from a hostile fire. The Contractor' shall agree to maintain Professional Liability or equivalent Errors & Omissions Liability at a Unit of liability not less than $1,000,000 Per Occurrence. When a self - insured retention (SIR) or deductible exceeds $10,000, City reserves the right, but not the ,obligation, to review and,requesta copy of Bidders most recent report or audited financial statement: For policies written on a "Claims- Made" - basis, ;bidder warrants the retroactive date equals or precedes the effective date of this contract. In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right t� purchase a Supplemental Extended Reporting Period (SERP) during the life of this Contract, bidder'shall agree to purchase a SERP with.a minimum reporting period not less than three (3) years. Except as to Workers! Compensation and Employers!' Liability, said Certificate(s) and policies shall clearly. state thaticoverage required by the •Contract-bas been endorsed to include the City of Port St. Lucie, a political subdivision of the State of•Florida, its officers, agents and employees as Additional Insured with a CG 2026 - Designated Person or Organization endorsement, or similar endorsement, added to its Commercial General Liability policy and Business Auto policy: The name. for the Additional Insured endorsement issued by the insurer shall read "City of Port St.,Lucie; municipality of the State of Florida, its officers, employees and agents, and Contract: #20130051, Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment of City Housing Programs." Said policies shall be specifically endorsed to provide thirty (30) days written notice to the City prior to any adverse changes, cancellation, or non- renewal of coverage there under. Said liability insurance must be accepted by and approved by the City as to form and types of coverage. In the event that the statutory liability of the City is amended during the term of this. Contract to exceed the above limits, the Contractor shall be required, upon receipt of thirty (30). days written notice from the City, to .provide coverage at least equal to the amended statutory -limit of liability of the City. Copies of the Additional'lnsured.endorsements including Completed Operations coverage should be attached to the Certificate of Insurance. The Contractor shall agree to maintain Business Automobile Liability at a limit of liability not less than $500;000 each accident covering any auto, owned, non -owned and hired automobiles. In the event, the Contractor does not own any automobiles; the Business Auto Liability requirement shall be amended allowing Contractor to agree to maintain only Hired & Non -Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General' Liability, or separate Business Auto Coverage form. Certificate holder must .be listed as additional insured. A waiver of subrogation. must'be'provided. Coverage should 'apply on aprimary basis: The Contractor .shall: agree by entering into this Contract to a Waiver of Subrogation for eaeh required policy. When required by the insurer, or should a policy condition not permit an 'Insured to enter into a pre. =loss Contract to waive subrogation without an endorsement then Contractor shall agree >to notify the.insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery against Others, or its equivalent. This Waiver of Subrogation 6 of 10 Inspection and Coordination Activities for Repair, Rehabilitation and of City Housing Programs requirement shall not apply to,any policy where, a condition to the policy specifically prohibits such an,endorsement, or voids coverage should Contractor enter into such a Contract on a pre- loss basis. It shall be the responsibility of the Contractor to ensure that all subcontractors comply with the same insurance requirements referenced above and any additional insurance requirements needed to perform the scope of work as described herein. All deductible amounts..shall be paid for and be the responsibility of the Contractor for any and all claims under this Contract. The Contractor may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, and Employers' Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have , an Aggregate limit not less than the highest "Each Occurrence" limit for Commercial General Liability, Business Auto Liability, or Employers' Liability. When.required by the insurer, or when Umbrella or Excess Liability is written on "Non - Follow" forni,•:the City shall be endorsed as an "Additional Insured." The City, by and throughits Risk Management Department, reserves the right, but not the obligation, to review and reject insurer providing coverage. SECTION VI PROHIBITION AGAINST `FILING OR MAINTAINING LIENS AND SUITS Subject to the.laws of the State of Florida and of the. United States, neither Contractor nor any subcontractor, supplier ofmaterials, laborer or other person shall file or maintain any lien for labor or materials delivered in.the.performance of this contract•against the City. The right to maintain such Iien for: any or all of the above parties is hereby expressly waived. SECTION VII WORK CHANGES The City reserves-the right to order work changes in the:nature of additions, deletions or modifications .withoirtinvalidatingthe Contract, and agrees to: make corresponding adjustments in the contract price and tinie`forcompletion. Any and all changes must be authorized by a written: :order signed by, the Director of OMB or his designee as:representing the City. Workshall:,be'changed,and thecontract price and completion time shall be modified only as set out in the,written Any•adjustment in the contract price resulting in a credit or a charge to the shall: be determined by mutual agreement of theparties. 7 of10 • Inspection :and Coordination Activities for Repair, Rehabilitation and Redevelopment of City Housing Programs SECTION VIII COMPLIANCE WITH LAWS The Contractor shall give all notices.required by and shall otherwise comply with all applicable laws, ordinancesand and shall, at his own:expense, secure and pay the fees and 'charges for all permits required for the performance the contract. All materials furnished and works done are to comply with all local, state and federal laws and regulations. SECTION IX CLEANING UP "Not Applicable" • SECTION X ADDITIONAL REQUIREMENTS In the event of any conflict.between the terms and conditions, appearing on any purchase order issued relative to'this and those contained in this Contract and the Specifications herein referenced, the terms of this Contract and Specifications herein referenced shall apply. If there is a conflict between the contract and the specifications, the contract will control. SECTION XI LICENSING Contractor warrants that he possesses all licenses and certificates necessary to perform required work and is not in violation of any laws. Contractor warrants that his license and certificates are current and will be maintained throughout the duration of the contract. SECTION XII SAFETY PRECAUTIONS' Precaution shall be:exercised at all times for the protection of persons, including employees,,and•property. The safety provisions of all applicable laws and building and construction' codes shall be observed. SECTION XIII ASSIGNMENT Contractor'shall not.delegate, sublet.or subcontract any part of the work under this contract "onassign any4monies'due him hereunder without first obtaining the written consent of the City. 8 of 10 • • _ i - _ • _ fib;,,:- a:- - - -.. _ -a5r. ?� s4 7 .. t+ 2 : t_4,! . •.. _:;.m ;' b•_ ..- Inspection and :Coordination Activities for Repair, Rehabilitation and Redevelopment of City Housing Programs SECTION XIV TERMINATION The City may this agreement with or without cause by giving the vendor /contractor thirty(30) days:•notice in writing. Upon delivery of said notice and upon expiration of the thirty (30);day period, the vendor /contractor shall discontinue all services in connection with the performance of this.agreement and shall proceed to cancel promptly all existing contracts in so far as' such contracts are chargeable to this agreement. SECTION XV LAW AND VENUE This agreement :is to lie,construed as though made in and to be performed in the State of Florida and is to be governed"by the laws of Florida in all respects without reference to the laws of any other state or nation. The venue of any action taken pursuant to this contract shall be in St. Lucie County, Florida. SECTION XVI APPROPRIATION APPROVAL The Contractor acknowledges that the City's performance and obligation to pay under this Contract is contingent'upon an annual appropriation by the City Council. The Contractor agrees that, in' the event. such appropriation is not forthcoming, the City may terminate this Contract and that no charges, penalties or other •costs shall be assessed. SECTION XVII RENEWAL OPTION This may :be extended for one (1) additional thirty-six (36) month period provided the City and Contractor have mutually agreed upon a -two (2) hourly rate for the extension. To exercise this option a response should be submitted three (3) months prior to the termination of the contract period. SECTION XVIII ENTIRE AGREEMENT The writtemternis: and provisions of this contract shall supersede all prior verbal statements o°f any.official or 'other representative. of the City. Such statements shall not be effective or.be:construed asentering into, or forming a part of, or altering in any manner whatsoever, thiscontract or contract documents. 9 of 10 Inspection. and Coordination Activities for. Repair, Rehabilitation and Redevelopment of City Housing Programs IN WITNESS WHEREOF, the parties,have executed this contract at Port St. Lucie, Florida, the day '.and year first above written. CITY OF PORT ST. LUCIE'FLORIDA By: A Y) Interi t ' anager ATTEST: By: . /G,./ . ` - .. City - r By: A.,(427, ut(l , Authorized Repres` tative of • LTIMATE HOME INSPECTION State of: 4,i�Q..( ) r County of: 1 I t oY 1 Before me personally appeared: J)OR 0 T 11 A, eS /AIA -n/ ) (pleaieprint) Please check one: Personally known Produced Identification: (type of identification) Identification No. and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that cj-E. executed said instrument for the purposes therein expressed. (he /she) WITNESS my hand and official seal, this i day of , 2013. /Chiev A , eP. W;12■frz-0 -I . Notary Signature NEM E. QUINTANA 4` NOpty Pala - SON of F ada Notary Public -State of ditaia.dedat Large. VI',`f . w Co a M O 9• JOIE . .. • Ctamnis�lon 01f 211419 IsiIt1 Nang Attu My Commission Expires q P/ • • 1 0 of 10 e :x. - .-;P:-.,-,..`144-4%,1%.4-4'4.44.---4,,;-1%. . _ -,-. 1..- ,- .:�_i::t_•€.e„u'x€c,,;B• • . MEMORANDUM TO: David Pollard, Director of OMB FROM: Patricia A. Tobin, Assistant Director of Community Services PT • DATE: April 22, 2013 SUBJECT: Bid # 20130051 - Inspection and Coordination Services for Repair, Rehabilitation_and Redevelopment for the City's .Housing Programs Recommendation: The Community Services Department recommends approval of the low bidder on the above mentioned contract - A Ultimate Home Inspection. The Community Services department has worked with A Ultimate Home Inspection since • 1993. Their professionalism and knowledge has provided our department with reliable expertise in the fields of repair /rehab, new construction and client education through several state and federal housing programs. In addition, A Ultimate Home Inspection is located in Port St. Lucie and is always readily available to meet our needs. • _ • .. • Y ...x • . : fr_k' '. :...F 5� ...: - QTR? Y'�'�• °�"i(..��'_'i'": m_ter MEMORANDUM DATE: 2/13/13 - ciVfi'b � ; } 'TO: Departrrient Directors MAR 0 7 NI FEB 1 3 2013 .JI I3 FROM: Cheryl Shanaberger 6f ee�� t t CITYATE;l1s•.LV'SOFFICE SUBJECT: SB #20130051, Inspection and Coordination Activities:for Repair and Rehabilitation of Homes in the City • • Please_:reyiew the attached. Next, sign, date, and return this form. If there are any changes to the attached documents, OMB will incorporate them into the bid documents. Thank you. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COMMUNITY DEVELOPMENT has reviewed standard specifications and standard contract documents and approved: - '(With Changes Without Changes )` (Pending Changes Listed ( g Listed) (Date) ****************************_******************.************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LEGAL has reviewe standard specifications and standard contract documents and approved: (With Changes Without Changes ) P 3 )115 , 2.o mi scio .,• afid � .� i (Pending Changes Listed) J (Date) / 4 q *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RISK MANAGEMENT has reviewed! standard •specifications - and.standard contract documents and approved: (With Changes Without Changes ) • (Pending Changes Listed) (Date) **'******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FINANCE has reviewed standard specifications and standard contract documents and approved: (With Changes Without Changes (Pending Changes Listed) (Date) ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BUILDING DEPARTMENT has,:reviewed standard specifications and standard contract documents and approved: (With Changes ' Without Changes OFFICE OFMANAGEMENT BUDGET has received and completed all requested changes. OMB:Confirrnation: (Date) 7 MEMORANDUM RECEIVED DATE: 2/15/13 RECEIVED TO: Department Directors FEB 2 61013 FEB 0 2013 Mee orMemt & Budget COMMUNITY FROM: Cheryl .Shanaberger SERVICES SUBJECT: SB #20130051, Inspection and Coordination Activities for, Repair and Rehabilitation of Homes in the City Please review the attached. Next, sign, date, and return this form. If there are any changes to the attached documents, OMB will incorporate them:into the.bid documents. Thank you. ************************************************************ * * * *_ * * * * * * * * * * * * * * * * * * * * * * * * ** COMMUNITY DEV LOPMENT has reviewed standard specifications and standard contract documents and approved: (With Without Changes ) � 2. . 3 (Pending Changes Listed) • (Date) *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LEGAL has reviewed standard specifications and standard contract documents and approved: (With Changes Without Changes ) (Pending Changes Listed) (Date) ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RISK MANAGEMENT,has:reviewed standard specifications and standard contract documents and approved: (With Changes Without Changes ) (Pending Changes Listed) (Date) ******************.***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FINANCE has reviewed standard •specifications and standard contract documents and approved: (With Changes Without Changes ) (Pending Changes Listed) (Date) *******'**************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BUILDING DEPARTMEN:T'has reviewed standard specifications and standard contract documents and approved: (With Changes Without'Changes ) . OFFICE OF MANAGEMENT AND BUDGET has received and completed . alt requested changes. OMB Confirmation:. (Date) • MEMORANDUM RECEIVED DATE: 2/13/13 FEB 13 2013 TO: Department Directors, omee or Mgmt & Budget FROM: Cheryl Shanaberger SUBJECT: SB #20130051, Inspection.and Coordination Activities for. Repair and Rehabilitation of Homes in the City Please review the attached. Next, sign, date, and return this form. If there are any changes to the attached documents, OMB will incorporate them into`thebid.documents. Thank you. * * * * * * * * * * * * * * * * *: * * * * * * * * ** * * * * ** t * * ** ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COMMUNITY DEVELOPMENT ^has reviewed standard specifications and standard contract documents and approved: (With Changes Without Changes ) (Pending Changes Listed) (Date) **********:******************«*************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LEGAL has reviewed standard specifications and standard contract documents and approved: (With Changes Without Changes ) (Pending Changes Listed) (Date) *****************;*****•************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RISK MANAGEMENT has reviewedstand specifications and;standard contract documents and approved: (With Changes Without Changes; I. ) MA ,gm 743~ (3 (Pending Changes Listed) 1 (Date) ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ***********i,** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FINANCE has reviewedstandard.specificatibns and standard contract:documents.and approved: (With Changes Without Changes ) (Pending'Changes Listed) (Date) * * ** *' * * * ** ** ***:***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BUILDING. DEPARTMENT has reviewed standard specifications and standard contract documents and approved: (With Changes: Without Changes ) .OFFICE OF'MANAGEMENT.AND. BUDGET has received and "completed all requested changes. • 'OMB Confirmation: (Date) r . MEMORANDU REem DATE: 2/13/13 FEB 14. 20 13 ! om of & Gadget TO: Department' Directors FROM: Cheryl Shanaberger SUBJECT: SB #20130051,Inspectibmand Coordination Activities for Repair and Rehabilitation of Homes in the City Please review the:attached. Next, sign, date, and return this form. If there are any changes to the attached documents,.. OMB will incorporate them into the bid documents. Thank you. ***** * * * * * * *: * * * * *: * * * * * * ** * * * * * * * ** ***:** 1,*** * * * * * * * ** * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * ** COMMUNITY DEVELOPMENT Iias reviewed standard specifications and standard contract documents and approved: (With Changes Without Changes. ) (Pending Changes Listed) (Date) **************************** *** * * * *. * * * * * * * * * * * * * * * * * ** * ** *: * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LEGAL has reviewed standard specifications and standard contract documents and approved: (With Changes Without Changes ) (Pending, Changes Listed) (Date) ****************************;*'********:********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** RISK MANAGEMENT has reviewed standard specifications and standard contract documents and approved: (With Changes Without Changes ) (Pending Changes Listed) (Date) ************************************:********************** * * * * * * * * * * * * * * * * * * * * ** * * * * * * * ** FINANCE has re _viewed'standard'<specificat's and standard contract documents and approved: (With Chan s Without Ch — Os Y ) LAA, , . t' g // " l `' l (Pending- . anges Li- =d (Date). * *. * * * * * * * * * *** ** * * * **. * * **, **.******************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BUILDINGDEPARTMEN•Ias reviewed 'standard specifications and standard contract documents and approved: (With Changes Without Changes ) -OFFICE OF`MANAGEMENT'AND BUDGET has received and comp leted all requested changes. OMB Confirmation: (Date) . DA :.- 1 . • A.CCPREP • CERTIFICATE OF 'LIABILITY INSURANCE . 5/1 2013 IL__■.- . THIS eEifriFicATE , li ISSUED AS •A MATTER OF'INFORMATION•ONLy.AND CONFERS NO RIGFITS'ttippit THE , CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AINEt !EiffEili: OR .kiiiimii COVERA AFFORDED BY THE POUCIES filiCaiii: 'THIS CERTIFICATE OF INSURANCE DOES NO CONSTITUTE CONTRACT BETWEEN:THE ISSUING, INSURER(S), AUTHORIZED EPRESENTATIVEiOR PRODUCER, AND THB•TODFT3FIDATE 130111ERt _ IMPORTANTf. :TT the holder Is* ADOMONAL'INSURED,ithSipolicy(1is) must 6*J II;SUBROGATIORIS WAIVED,.subject.to thigerms!and coniiiinns'of,the policy, cerialn!polideirmay :require an:enciorsement.• A' Itatement onthis certificste;ctoss not confer rights to the cirtificnts•holder initial at sUcti'enciOtitement(1).. :PsooucER ' ' " -- ..cornscr 4. :134TTE4 DEAL INSURANCE AGENCY . ' PHONE - • .772: .8715485 FAX 72, 87,1-9134 1034. SW Bapiihoke Bliidi ■71 • ApoREes:LENNYM55eBELLSOUTH . NET Port St Luaie, FL 34983 PRO00cE0 CUSTOMER ID N: INSUREIRS) AFFORDING COVERAGE MICI - $45tA/M OOROTif SINAN INSURER A: CANAL .... . ,.,..._ A ULTIMATE HOME INSPECTION INSURER B :. INTEGPLI 2081 HE WALD STREET •INscRERc: • PORT.. , ST LUCIE, FL 34984 - INSURER D : . . INSURER E: • - _ INSURER F : .__ .. . .COVERAGES ' CERTIFICATE _NUMBER: . ' :REVISION NUMBER: : THIS IS TO:SeITTIFY THAT The LPoLipies , oF INSLIRANCEiUSTED BELOW. HAVE BEER:ISSUED TO THEINSURED NAMED ABOVE FOR'THE POLHY PERIOD ;INDICATED. NOTWITHSTANDING Aire : r RtoUlFiEMENT,IERM:OR,CONOITIDN.0•ANYCONTRACT ON,OTHER WITH RESPECT TO WH H THIS CERTIFICATE MAY BCISSUED'OR:IAAy'PERTAPI„ IFISURANCE:AFFOADED BY THE POUCIES:DESCRIBED HEREIN IS SUBJECT TO ALL T E TERMS, it5OLOSIONS'ANO'CONDITION6 OF SUCH FickidEs!Limits SHOWN MAY HAVE BEEN REDUCED BY di**. GDR; AbOl: so= • OUCY.:EfT '..POUCY E<P LTIIr TYPE OF INSURANCE urns FrVD POIJCY NUMBER (MWDO/TYYY) 0•414/00/Yreel UNITS GENERAL LIAM UTy EACH OCCURRENCE $ 1 000,000 DAMMAE10 HEIN EL) X. COMMERCIAL GENERAL LIABIUTY PREMISES (Ea occurrence) 8 50,000 _ I CLAIMS-MADE In OCCUR . MED E: (My one person) $ 5,000 A. '4102 04/15/13 04/15/14 PERSONAL 6 AM/ INJURY $ 1 0.00,000 ntsnEnsi_ AGGREGATE $ 2 000, GEM_ AGGREGATE IJMIT APPUES PER: PRODUCTS - COMP/OP AGG $ i NCLUDED — I POLICY I I J I LOC $ AUTOMOBILE UABIUTY COMBINED SINGLE usirr — (Ea accident) $ 500,000 ANYAUTO — BODILY INJURY (Per person) 4 ALL OWNED AUTOS • BODILY INJURY (Per 'S X, $cHEDULED AUTOS 2002010829 05/01/13 05/01/14 — PROPERTY DAMAGE HIRED auros (Per accident) 8 • NON.OWNED AUTOS • $ — $ - umonelA,w0 — OCCUR EACI-I OCCURRENCE $ It(OESS.IJAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ t WORKERS COMPENSATION I WC STATU- I 'WH- AM, EMPLOYERS LIABILITY I TORY UNITS 1 I ER ANY elsOPMETORPARTNER/EXECUTNE , E.L EACH *coma $ OF1CFV14ENER .IEXCUJOED? MR • Plii.."thijOiNili. ,- EL DISEASE - EA EMPLOYEE' 8 lifdestbit undrii . . 'DESCRIPTION OF. OPERATIONS below E.L DISEASE - POLICY UMIT .$ . _ . DESCRIPTION OF OpERATIONS / LOCATIONS/ VEHICLES ,(A6sc, t" ACORD loi; Additional RemarkiScheibili:It more 'Pica la iisisked) iiigi!gOtIODIF COMPANIES Oitt: ,OF PORT SAINT LUCIE IS' LISTED AS , ADDITIONAL INSURED ON THE GENERAL LIABILI TY ..... • POLICY 40 THE BUSINESS. AUTO GEkriFttAft: HOLDERI CANCELLATION • CITY 'PORT, SAINT, :LUCIE SHOULD ANY OE THE ABOVE DESCRIBED POUCIES BE CANC LLED BEFORE 21 SW PORT.: :SAINT' LUCIE BLVD - -MIE EXPIRA • - • .TE: - THEREOF. NOTICE BE * EINERED IN PORT :sotil LUCIE FL -34984 Ad0OR 9 - • .. .WITH REPOLICY .-` •: - izED wee -. .A . . • -, - -od ■t # '/ ..elidik*-4.0(4d - . ' OW:2009 ' Ps ' D CORPORATION.. AM rig k- reserved. ACCiRD25 (21309/09) The ACORD name Ingo are. registered msults ACORD Policy Number. 2002010829 • GMAC .Insurance Named Insured: • ■r �:o Dorothy Sinan PO'Box 3199 Policy Period: 1 :32 PM Winston Salem, NC 27102 -3199 5/1/2013 - 5/1/2014 Date of.Notice:" 5/1/2013 DOROTHY SINAN Policy Underwritten By DBA A ULTIMATE HOME'INSPECTION Integon National insurance Company 2081, SE WALD'ST 24. Hour Claim' Re Reporting: 14100- 468 -3466 PORT SAINT LUCIE FL 349844754 For Policy:lrrfonmation:l -871- 468 -3466 •ww.GMAClnsurance.com Your Agent A Better Deal Ins Inc 1034 "SW Bayshore Blvd Port St Lucie FL 34983 772 -871 -7764 FL;COMMERCIAL VEHICLE DECLARATIONS PAGE' New Business Effective 5/1/2013 INTEGON NATIONAL. INSURANCE CCOMPANY Drivers and Household Residents #1 Dorothy Sinan Driver Status License # Li; State Date of Birth Gender Marital Status Driver Pts Yrs. Licensed Owner Driver= XXX(8760 • FL '10/16/1958 Female Married 0 38 Insured`Vehicle(s) and Schedule:of, #1 1995 CHEV:CAPRICE VIN: 'Usage: Radius: Stated Amt: I 1 G1 BL52PX Business and Personas Use 100 $7,000.00 SR155363- 11 Garaging•Location: .34984 -4754 Coverages Provided Limits‘! Deductibles Premium Bodily Injury,FProperty Damage - , $500,000 Combined Single Limit $1,156.00 ,Combined Single Limit Personal Injury Protection Basic $300,00 Other Than Collision $500 Deductible $37:00 Collision $500 Deductible $89.00 Total For This Vehicle $1,582.00 a l Combined Vehicle Premium $1,582.00 1 Additional Insured Charge $25.00 Florida Hurricane Catastrophic Fund $20.57 Assessment Total 12. Month. Policy Premium $1,627.57 Discounts Applied Policy 'Level • Transfer:Disco(int Vehicle Level #1 Airbag.Discount #1. AntRick Brakes'Discount 'SurchargesrApplied '' /eficte;Level 10039FL.(03012010) 1 of 2 #1 Personal Use lmpoitant Notice THIS PQLICYDOES,NOtPROVIDEBODILY INJURY•ANDPROPERTY DAMAGE LIABILITY INSURANCE OR ANY OTHER COVERAGE FOR WHICHA SPECIFIC: PREMIUM CHARGEIS NOT :MADE, AND;DOES'NOT COMPLY WITH ANY - FINANCIAL RESPONSIBILITY LAW. Additional Policy•Information Tier Preferred Additional Interest Address City Of Port•Saint Lucie 121 Sw Port Saint Lucie Blvd, Port Saint Lucie FL 34984 Disclosure of Possible,Additional Charges The a_mounts.below are authorized for use in :this state. :However, they are only charged it they apply to your policy. Form E Filing Charge $50.00 FR Filing Charge $50.00 Late Charge $10.00 Norisufcient Funds Charge $15.00 • Formsand `Enclorsements Endorsement Edition 10826 06012012 PIP MEDICAL FEE SCHEDULE CVO8 09011996 CUSTOM.PARTS AND, EQUIPMENT: COVERAGE CV175 07011995 ADDI TIONAL INTEREST COVERAGE 6V175 07011995 ADDITIONAL INTEREST COVERAGE CV21 -4 05011998 COMMERCIAL AUTO POLICY • CV23 08012003 LIMITATION OF'USE COVERAGE 'CV241 01012013 MOTOR VEHICLE NO -FAULT (PERSONAL, INJURY: PROTECTION) COVERAGE IL0021 ;01011997 NUCLEAR ENERGY LIABILITY EXCLUSION - BROAD FORM f- B*A4stc- GOtEitAta Authorized Signature • • • • 2 of 2 10039FL(03012010) CANAL INDEMNITY COMPANY P.O. BOX 7 GREENVILLE, SOUTH CAROLINA 29602 COMMERCIAL LINES POLICY Policy No.: GL104480 COMMON'POLICY DECLARATIONS Pievious Policy fee GL102912 Endorsement Effec Named Insured and Marling Address: Insureds Agent: Dorothy Slnan A Better Deal Insurance Inc DBA A'UUitl hate Home Inspection 1034'SW Bayshore Blvd. 2081 SE Wald Street Port St. Lucie FL 34983 Port Saint Uicie 34984 Producer #: 630, Phone: 772- 871 -7764 .Policy Period: From 4/15/2013 to 4/15/2014 at 12:01AM'Standard time at -your mailing address shown . •eve. Business Description: see Coverage Part CIND -GL (11/07) Entity Description: Individual IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL T}1E TERMS OF THIS POLICY, WE AG EE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY: THIS POLICY CONSISTS OF HE FOLLOWING COVERAGE PARTS FOR 'WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT OR AUDIT. PREMIUM Commercial General Liability Coverage Part $ 750:0 0 Minimum Premium GL Subtotal $750-D0 Policy Fee $ 3 5. 0 0 FSLSO $1.5 7 FHCF $ Surplus Lines Tax $ 3 9 .2 5 Policy Total $ 83 6. 0 3 Form(s) andEndorsenient(s) made`s'part of•this policy at time of issue *: see attached SCHFORMI (11/0i) *Omits applicable Forms and Endorsements if Specific Coverage Part /Coverage Form Declarations. Any person who, with intent defraud or knowing thathe is'facfltating a•fraud against •an Insurer, submits and application or files a dalincontaining false or°deceptive.statemerit is gutty of Insurance fraud. COMPANY REPRESENTATIVE Striddaixi General_Agency;af FL Inc Countersigned By:' 15950 Bey Vista Drtie Suite 235 Clearwater FL 33760 Authorized Representative 94/18/2013 FLA56 Surplus Lines Agent: Dorothy A.'Mappin, License no: A164441 Surplus Un Agent Signature: 159 Bay:Vista Drive Suite 235 Clearwater, EL 33760 Pr odLring Agent Darlene . Smith L.,`' Producing Agent U conseNNumber to 53 799 'SURPLUS LINES. INSURERS POLICYRATES�AND FORMS NOT APPROVED BY'ANY FLORIDA,REGULATOHYAGENCY. " THIS .INS.URANCE;ISSUED�PURSI7ANTTO THE FLORIDASURPLUS ;UNES'LAW..PERSONSjNSVRED BY SURPLUJS LINES CARRIERS DO HAVE THE; PROTECTION' OF THE•FLORIDAINSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBUGATLON OF:AN INSOLVENT UNUCENSED�INSURER_" CiNO•MO (1.i'cw FL THIS POLICYCONTAINS AN ARBITRATIONPROVISION Insured • CANAL.INDEMNITY COMPANY COMMERCIAL. GENERAL LIABILITY No.: GL104480 ABiLITY COVERAGE'PART DECLARATIONS Named.Insured and Mailing Address: Dorothy Slnan DBA A.Ultimate Home Inspection 2081 Wald Street Port Saint:Lucie FL 34984 Policy Period; From 4/15/2013 to'4/15/201;4:at.12:01AM Standard time at your mailing address shown above. LIMITS OFINSURANCE: General Aggregate Limit (Other.than Product Operations) $ 2 , 000., ) 0 0 Products - Completed Operations Aggregate Llmft Inc luled Personal.andAdvertising Injury.Umit _ $1,.000., x.00 . _. _ Each Occurrence Limit $1, 000 , ) 0 0 Damage to Premises Rented to You Limit $ 5 0 , ) 0 0 Medical Expense Limit $ 5 , 30 0 DEDUCTIBLE: $500 Bodily Injury liability & PropeityDarnage Liability Combined (This deductible also applies to Personal and • Advertising Injury Liability.) LOCATION OFALL PREMISES YOU OWN. RENT OR:OCCUPY: 2081 SE Weld Street Port Saint Lucie FL 34984 PREMIUM: RATE ADVANCED PREUIIUM Classification Code Premium Bases Prem. Ops. Pr/Co Pr /Co M Ot ter Inspection and Appraisal Companies - Inspecting for Insurance or Valuation Purposes 96317+ per $ 1,1100 Payroll: 34,000 9.29 Included Included $316 Minimum Premium: $750 FORMS. AND.: ENDORSEMENTS1 (other•.than'appllcable.Forms arid,Endorsements.shown elsewhere In the policy): Forms and Endorsements; applying to Coverage Part and made part of this:policy at time of issue: seeatttachedrSCHFORMI - (11/07) THESE DECLARATIONS'ARE PART OF THEPOLICYDECLARATIONS .CONTAINING THE NAME OF.THIS INSURED AND TWE POLICY PEt1IOD .. .. _ � .. _ .- ..... _ CIND•GL (11/07) Insured POUGYNUMBER: GL104480 COMMERCIAL GENERAL IABIUTY CG 0 +0001 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY•INSURANCE This endorsement modifies insurance provided uRderthe following: COMMERCIAL GENERAL UABIlJT COVERAGEPART ' PRODUCTS /COMPLETED.OPERA71ONS!LIABIUTV COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM OR PER OCCU' RENCE Bodily. Injury Liability • OR Property Dainage Liability OR Bodily injury Liability a-r►d_/or.. • Property _Damage L ablity Corbined (lf no entry appears above, Infomtation• required to complete this endorsement will be shown in the Declarations as applicable to this endorsement:) • APPUCATION'OF ENDORSEMENT (Enter below any limitations on the appiication of this endorsement. If no iimitaton is • 'entered,'the deductibles apply to damages for-.all "bodily injury" and "property damage °, however caused): A. Our obligation under the Bodily injury Uabllity and b. Under Property Damage Liability Covera • to .Property Damage Liability Coverages to pay all damages sustained by any one person damages on your betialfappiies, ontyta the amount because of • o of damages in excess of any deductibm leaounts "property damage'; or stated' Ih the Schedule above as applicable to such coverages. c- Under Bodily Injury Liability and /or Pro DamageUabiiity Coverage Combined, to II damages sustained by any one person R. You may select a deductible amount on either a because of per claim or a.per "occurrence" basis: Your (1) `Bodily Injury selected deductible applles the.coverage (2j "Property damage"; or option and to the basis.of the deductible • (3) "bod injury" and "property damage" combined indicated by the. placement of the deducible amount In the Scheduie The deductible as the result of any one "occurrence ". amount stated in the Scledule above applies as If damages are.blairned for care, loss of servi or follows: death, resulting _at any time from "bodily Injury", 1. PER CLAIM' BASIS. If the deductible separate deductible amount will be applied to ach amount indicated. in the Schedule above is person making a claim for such damages. on a per claim basis, that deductible applies as follows: With respect to 'property damage', person Includes an organization. a. Under Bodily InJuryliability Coverage, - all damages sustained by-any one person because of `bodayinjury"; CG 03 00 01 96 Page 1 • 2 • BID TABULATION REPORT INSPECTION and COORDINATION ACTIVITIES for REPAIR, REHABILITATION and REDEVELOPMENT for the CITY HOUSING PROGRAMS BID #20130051 APRIL 9, 2013 @ 3:30 P.M. NAME NAME Bid BUREAU VERITAS NORTH A ULTIMATE HOME INSPECTION Amount AMERICA, INC. Bid Amount INSPECTION SERVICES/HR. $55.00 INSPECTION SERVICES/HR. $64.00 COORDINATION ACTIVITIES/HR. $55.00 COORDINATION ACTIVITIES/HR. $64.00 TRAINING/EDUCATION/HR. $100.00 TRAINING/EDUCATION/HR. $300.00 Additional Items Reviewed: Bid Reply yes yes Checklist yes yes Drug-Free Workplace Form yes yes Certificate of Insurance yes yes Sample Inspection Report yes yes W-9 yes yes State Licenses/w certifications in mold inspections, lead testing and wind mitigation yes yes Three (3) Gov. Entities' References No Others yes Will accept P-Card No 1 No Statistics: 365 Companies Notified 12 Bid Documents Distributed 2 Bids Received g Q 0RT u �, m fr tORIO ' "A City for All Ages" CITY OF PORT ST. LUCIE Sealed Bid #20130051 Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment — Housing Programs Prepared By: Cheryl Shanaberger Office of Management & Budget 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 -5099 772 -871 -7390 Sealed Bid #20130051 Final Page 1 of 30 INVITATION TO BID Sealed Bid #20130051 for Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment for the City Housing Programs will be received by the Office of Management and Budget of the City of Port St. Lucie no later than 3:30:00 p.m. on April 9, 2013. Specifications are attached. All submittals must be received by the date and time specified above, when they will be opened and the names publicly read aloud. The proposal time must be and shall be scrupulously observed. Under no circumstances shall submittals uploaded to Demandstar.com after the time specified be accepted or considered. It is the sole responsibility of the Bidder to ensure that his or her submittal is uploaded on or before the closing date and time. The City shall in no way be responsible for delays caused by any power outages or internet failures. No exceptions will be made. Electronic replies will be the only method allowed for Bidders to respond to this solicitation. All submittals must be compatible with Microsoft Office 2007 or PDF as stated. All submittals must be contained in 1 file and in the order specified on page 13. E- Bidding will be done through a secure locked box. Bidders can only view /submit their E -Bid and will not have access to any other Bidder's submittals. The Bidder's E -Bid may be changed at the Bidder's. discretion until the due date and time have been reached at which time the Bidder will no longer change or have access to the electronic bid submittal. The City will then open the E -Bids. Bidders who are e- bidding for the first time are strongly encouraged to contact Demandstar at (800) 771 -1712 or obtain assistance by e- mailing questions to supplierservices(iD,onvia.com. The City of Port St. Lucie reserves the right to reject any and all bids, to waive any and all informalities or irregularities, and to accept or reject all or any part of any bid as it may deem to be in the best interest of the citizens of the City. For the purpose of this bid, the term Bidder, E- Bidder, Proposer, Vendor may be used interchangeably. Cheryl Shanaberger, MPA, CPPO Deputy Director of the Office of Management and Budget CAUTION: Bidders should take caution that the City Is not responsible for any power outages or Internet failures. It is suggested that you upload your response in adequate time to assure that it will post on the day prior to the closing date. Sealed Bid #20130051 Final Page 2of30 SPECIFICATIONS SEALED BID # 20130051 Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment of the City Housing Programs OVERVIEW The City of Port St. Lucie desires to obtain quotations from qualified individuals, firms, and legal entities relative to assisting the Port St. Lucie Community Services Department with its repair, rehabilitation and redevelopment portions of various housing programs, including but not limited to the Neighborhood Stabilization Program (NSP), Community Development Block Grant (CDBG) and State Housing Initiatives Partnership (SHIP) programs. Separate quotations will be required for inspections, coordination activities and training and /or education. Inspection activities include performing inspections and preparing inspection reports and work write -ups as needed. Coordination activities include liaison between contractor and clients or contractor and housing staff during the repair, rehabilitation and redevelopment portion of the housing programs Training and/or education activities include presentation of classes or workshops on home maintenance for new or prospective homebuyers participating in the City's housing programs. The Contract period shall be for an initial period of thirty -six (36) months, with an option to renew for one (1) additional thirty -six (36) month period. NOTE: The City may not accept proposals from firms, that have had adversarial relationships with the City or firms that have represented entities that have had adversarial relationships with the City. This includes the firm, employees and financial or legal interests. The City will not enter into a contract or conduct business with any firm or any personnel that is listed on the Federal, State, or other local government agencies' Excluded Parties List, Suspended List or Debarment List. 1. GENERAL REQUIREMENTS 1.1 Invitation to Bid - All requirements contained in the Invitation to Bid are hereby incorporated in this specification. 1.2 Cost of Preparation of Bid - The City will not be responsible for any cost incurred by any Bidder in the preparation of his/her bid. 1.3 Examination of Drawings and Contract Documents - Bidders shall thoroughly examine these specifications, documents or other materials referred to herein and conduct such investigations and visits as may be necessary to thoroughly inform themselves regarding existing plant, facility, personnel and other conditions relative to compliance with this specification. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist, as a result of failure or omission on the part of the Bidder to make said investigations and visits, and/or failure to fulfill in every detail the requirements of this specification and documents promulgated therein, will be accepted as a basis for varying the requirements of the City or the compensation of the Selected Bidder. Sealed Bid #20130051 Final Page 3 of 30 1.4 Bid Price - Bidders must agree to furnish all services that are awarded to them as a result of their response to this specification at the prices indicated on their respective Bid Reply Sheet. Bidders shall guarantee that said prices shall be firm, not subject to escalation, for the 90 days after bid opening period. Submittal of a bid shall be prima facie evidence of the Bidder's intent to comply with this requirement. Any bid submitted with escalation clauses shall be rejected. 1.5 Qualifications - Bidders shall have the necessary organization, experience, capital, and equipment to carry out the provisions of the contract to the satisfaction of the City. Bidders must have access either as personnel or sub - contractors to State licensed Home inspectors with certifications in mold inspection, lead testing and wind mitigation. References from existing accounts, financial statements, list of projects recently completed and in process, major equipment available for this project, and experience of the principal members of the Bidder's organization must be furnished within seven (7) days, if requested. 1.6 Award of Contract — The City shall take measures as deemed necessary to determine the ability of the Bidder to perform the obligations of the Contract. The City may reject any bid where an investigation of the available information indicates a Bidder is not the most qualified to perform the obligation of the Contract. The City may require a Bidder to furnish additional statements of qualifications. Some or all of the following criteria may be used to select the bid that will provide the best value to the City: ♦ Have sufficient financial resources to complete the order. ♦ Can meet quoted delivery considering all other business commitments. • Has a satisfactory record of performance. • Has adequate staffing to fulfill requirements. ♦ Have the necessary production, technical equipment and facilities (or ability to readily obtain them). ♦ Have necessary organization experience, operational controls, and technical skills (or ability to readily obtain them). ♦ Bidder is a manufacturer, supplier, authorized distributor or vendor for the requirement. ♦ The Bidder is qualified and eligible to receive an award under applicable laws and regulations. • ♦ Has bid within a competitive price range in relation to the needed goods, services or construction. ♦ The skill and experience demonstrated by the bidder in performing contracts of a similar nature. • The bidder's past performance with City. ♦ Has met all requirements of the solicitation (delivery, quality and price). ♦ Has met bounds of commonality. Absolute conformity is not required, just substantial or material compliance. ♦ Has met bid security requirements. Lack of security, where required, is a material nonconformity. ♦ Price: The element of price is but one of the criteria elements. When considering a proposal: Evaluate the pricing offered by the bidder; consider lifecycle costing, depreciation, and other relative factors. ♦ Determine what proposal provides the best value to the City. Sealed Bid #20130051 Final Page 4 of 30 ♦ Payment by Procurement Card. The award date is the date that City Council executed the motion to award the bid regardless of the date bidder received the notification of award. Notification of the award may be given by e-mail, facsimile, U.S. mail system, and courier or on the web site. 1.7 Variances to Specifications - Bidders must indicate any variances to the Specifications. If variations are not stated in Bidder's reply, it shall be construed that the bid fully conforms to the specifications. 1.8 OSHA Compliance - Bidders must agree that the products furnished and application methods will comply with applicable provisions of the Williams- Steiger Occupational Safety and Health Act of 1970 and /or the Florida Division of Safety, whichever is applicable. 1.9 Submittal of Bid - Unless otherwise provided herein, all bids shall be submitted by completing and returning the E -Bid Reply Sheet and any other documentation that is required by this bid. The E -Bid Reply Sheet #20130051 should be typed or printed and signed in black ink. The individual signing the bid must initial all changes. All submittals are required to be electronic and contained in one (1) file. No hard copies will be accepted. A. Request Bid Specifications, #20130051 from Olivia, via phone 800 -711 -1712 or via internet www.cityofpsl.com B. Download the E -Bid Reply Sheet and save to your hard drive, program is in Microsoft Office Word. Complete all questions asked. This is a Word document so add space as needed. C. Complete company information on E -Bid Reply Sheet #20130051. D. Enter total price on E -Bid Reply Sheet #20130051. Enter the inspection hourly price on the web page for cost or you will receive an error message and your submittal will be denied. E. Electronically sign the E -Bid Reply Sheet #20130051 where indicated. F. Upload and submit the E -Bid Reply Sheet #20130051, copy of license, insurance Certificate(s), Drug Free Workplace Form, W -9 Form and the Checklist onto Demandstar by the due date and time. Acknowledge all Addenda on the E -Bid Reply Sheet #20130051. This may be submitted in one (1) PDF file. ** Only electronic replies are required. No hard copies will be accepted. Bid Documents for the project include the following: • Bid Specifications— Pages 1— 30 • License • Insurance Certificates • Drug Free Workplace Form • W -9 Form Sealed Bid #20130051 Final Page 5 of 30 • Checklist All bids shall be submitted by completing and returning the Bid Reply Sheet and any other documentation that is required by this bid. The Bid Reply Sheet must be typed or printed and signed in black ink. The individual signing the bid must initial all changes. 1.9.1 Right to Reiect -The City reserves the right to waive irregularities, reject and/or accept any and all bids, in whole or in part, to solicit and re- advertise for new bids, abandon the project in its other such action as serves the best interests of the City. entirety, or take of . y, Y 1.9.2 Bid Opening Extension -- The City reserves the right to extend the bid opening date when no responses or only one (1) response is received. The City will return the received response unopened. 1.9.3 Checklist - Bidders are requested to return the attached Checklist that is contained in the bid package with the Bid Reply Sheet. 1.10 Shipping Terms - Bidders shall quote F.O.B. Destination. 1.11 Payment Terms - Invoices shall be submitted once a month, by thel0th of the month and payments shall be made within thirty (30) days unless contractor has chosen to use the Purchasing Card. Cash discounts for using the Purchasing Card will be considered when evaluating bids. PLEASE NOTE The City has implemented a Purchasing Card Program. The Selected Bidder can take advantage of this program and in consideration receive payment within several days instead of the City's policy of Net 30 Days after Receipt of Invoice (ARI). Any percentage off the bid price for the acceptance of Visa will be considered in the bid award. If no such percentage is given, the City shall assume 0% discount applies. Bidders are requested to state on the Bid Reply Sheet if they will honor the VISA Purchasing Card. In the event of failure on the part of the Bidder to make this statement the City shall assume the Net 30 ARI shall govern the purchase or contract price. 1.12 Execution of Contract - Selected Bidder(s) will be required to execute a Standard City Contract within ten (10) days after notification by the City that contract is available and thereafter comply with the terms and conditions contained therein. No contract shall be considered binding upon the City until it has been properly executed by all parties. 1.12.1 The City reserves the right to award separate contracts for Inspections and/or Coordination activities. NOTE: NOTE: The Bidder is required to accept the terms and conditions of the City's Contract as provided in this proposal. The Bidder should read the insurance requirements carefully. If the Bidder cannot accept these terms and conditions, the Bidder should not submit a bid. Sealed Bid #20130051 Final Page 6 of 30 1.13 Failure to Execute Contract — Failure on the part of the Selected Bidder(s) to execute the Contract as required will be justification for the annulment of the award. 1.14 Subletting or Assigning of the Contract — The Selected Bidder(s) shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the work provided for therein, or of his right, title or interest therein, to any person, firm or corporation without the written consent of the City. Each Bidder shall list all subcontractors and the work provided by the suppliers in the area provided on the Bid Reply Sheet. 1.15 Time of Award - The City reserves the right to hold bid guarantees for a period not to exceed 90 days after the date of the bid opening stated in the Invitation to Bid before making award. 1.16 Public Entity Statement - A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the Florida Statute, Section 287.017, for CATEGORY TWO for period of threshold amount provided in P 36 months from the date of being placed on the convicted vendor list. 1.16.1 Discrimination — An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.17 City's Public Relations Image — Selected Bidder's personnel shall at all times handle complaints and any public contact with due regard to the Municipality's relationship with the public. Any personnel in the employ of the Selected Bidder involved in the execution of work that is deemed to be conducting themselves in an unacceptable manner shall be removed from the project at the request of the City Manager, or his/her designee. 1.18 Patent Fees, Royalties, and Licenses — If the Selected Bidder requires or desires to use any design, trademark, device, material or process covered by letters of patent or copyright, the Selected Bidder and his surety shall indemnify and hold harmless the City from any and all claims for infringement in connection with the work agreed to be performed. Selected Bidder shall indemnify the City from any cost, expense, royalty or damage which the City may be obligated to pay by reason of any infringement at any time during the prosecution of or after completion of the work. 1.19 Tie Bid Statement - Identical tie bids, in accordance with Section 287.087, Florida Statutes, and preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented Sealed Bid #20130051 Final Page 7 of 30 a drug -free workplace program shall be given preference in the award process. Please submit the form that is enclosed with your bid response. 1.20 Cooperative Purchasing Agreement - This bid may be expanded to include other governmental agencies provided a cooperative Purchasing Agreement exists or an Inter -local Agreement for joint purchasing exists between the City of Port St. Lucie and other public agencies. Vendor may agree to allow other public agencies the same items at the same terms and conditions as this bid, during the period of time that this bid is in effect. Each political entity will be responsible for execution of its own requirements with the Selected Bidder. 1.21 Material Safety Data Sheets — The Selected Bidder(s) is required to provide a copy of the Material Safety Data Sheets (MSDS) for any /all chemicals used in the execution of their work in compliance with Chapter 442, Florida Statutes. The MSDS must be maintained by the user agency. 1.22 Permits — The Selected Bidder(s) shall be responsible for obtaining all permits, licenses, certifications, etc., required by Federal, State, County, and Municipal laws, regulations codes, and ordinances for the performance of the work required in these specifications and to conform with the requirements of said legislation. 1.22.1 The Selected Bidder(s) will be required to file a W9 Taxpayer Identification Form with the City. This form must be submitted and received by the City's Finance Department before payment can be authorized. 1.23 Familiarity with Laws — The Selected Bidder is assumed to be familiar with all Federal, State and local laws, ordinances, rules and regulations that may affect the work. Ignorance on the part of the Bidder will in no way relieve him from responsibility. 1.24 Damage to Property - The Selected Bidder shall preserve from damage all property along the line of work, or which is in the vicinity of or is in any way affected by the work, the removal, or destruction of which is not called for by the plans. This applies to public and private property, public and private utilities, trees, shrubs, crops, signs, monuments, fences, guardrail, pipe and underground structures, public highways, etc., and whenever such property is damaged due to the activities of the Selected Bidder, it shall be immediately restored to a condition equal or better to that existing before such damage or injury was done by Selected Bidder, and at his own expense. The Selected Bidder's special attention is directed to protection of any geodetic monument, horizontal, vertical or property comer, located within the limits of construction. National Geodetic Vertical Datum 1929 (NGVD '29) or North American Vertical Datum 1988 (NAVD '88) monuments shall be protected. If in danger of damage, notify: Geodetic Information Center 6001 Executive Boulevard Rockville, MD 20852 Attn: Mark Maintenance Center (301) 443 -8319 City of Port St. Lucie vertical or horizontal datum shall be also protected. In case of damage or if relocation is needed, notify: Sealed Bid #20130051 Final Page 8 of 30 City of Port St. Lucie Public Works Department 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 -5099 (772) 871 -5175 2. SPECIAL REQUIREMENTS 2.1 Implied Warranty of Merchantability - It is understood that the implied warranty of merchantability and fitness for the specified purpose are not disclaimed not withstanding any representation to the contrary. 2.2 Sample Inspection Report — All bidders shall submit a sample of their inspection report form(s) with their Bid Reply Sheet. 3. SPECIFIC REQUIREMENTS 3.1 Description of the Statement of Work: The City of Port St. Lucie offers several housing programs involving repair, rehabilitation and/or redevelopment of single family housing that is or will be occupied by qualified low to middle income households. These programs either provide current homeowners with funding for repairs or allow the City to repair /rehab or redevelop foreclosed properties so that they can be sold to income qualified homebuyers. Repair /rehabilitation is usually defined as "repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional necessary living space." In the case of City owned property, it may also involve improvements made to increase marketability of the homes. Redevelopment involves rebuilding on a lot where the existing home was demolished. For repair /rehab of homes occupied by current homeowners, housing staff will contact the Selected Vendor when a home needs to be inspected. From that inspection it will be determined which repairs will be eligible. The Selected Vendor will follow through with the homeowners/homebuyers and coordinate repairs and additional inspections as listed below in 3.2. Each repair and/or inspection will require some coordination with housing staff, clients and contractors. For repair /rehab of City owned homes, housing staff has prepared a procedures manual that lists responsibilities of housing staff and the Selected Vendor. Building department staff is currently responsible for initial inspections and preparation of bidding documents; the Selected Vendor may be asked to inspect or consult as well. Once a contractor has been selected, the Selected Vendor works with the contractor to select colors and materials for the home. Inspections that involve permitting are done by the building department; all other inspections are the responsibility of the Selected Vendor. When client inspections are prepared by outside vendors, the Selected Vendor is responsible for reviewing the information, determining what additional work, if any, should be done and working with the contractor to ensure completion. Sealed Bid #20130051 Final Page 9 of 30 3.2 Specific duties to be performed: 3.2.1 Selected Vendor shall perform the following duties: a) For owner occupied homes to be repaired/rehabbed with funds from the Port St. Lucie housing program, the following duties will apply: 1) Inspect owner occupied homes to be repaired /rehabbed with funds from the Port St. Lucie housing program upon receipt of information from housing staff. ii) Determine which repairs qualify as eligible for assistance, in coordination with housing staff and prepare a cost estimate. iii) Assist homeowners to obtain proper bids from contractors, preparing specific work write -ups for each repair when necessary. iv) Provide digital photos of work to be done for each file before and after repairs. v) Request purchase orders for successful contractors/bidders and convey information on payment release procedures to homeowners/contractors. vi) Conduct preconstruction conferences with homeowners and contractors on any repair items over $2,500. Coordinate formal bidding process with housing staff and the Office of Management and Budget for repairs over $25,000, if required. vii) Coordinate any dispute resolution between contractor and homeowner in conjunction with housing staff. viii) Prepare a list of two (2) or three (3) appliance vendors (and other vendors as required) who will agree to sell their items at a reasonable rate to housing program applicants with a purchase order from the City, if required by housing staff. b) For City owned homes to be repaired/rehabbed or redeveloped with funds from the Port St. Lucie housing program, the following duties will apply: i) Inspect repairs on City owned homes where permitting is not required according to the procedures manual or upon request from housing staff. ii) Work with housing staff, building department and contractors to ensure completion of repairs according to housing program specifications and in a timely manner. c) For both owner occupied and City owned homes the following duties will apply: Sealed Bid #20130051 Final Page 10 of 30 .. ............ i) Authorize change orders with City approval where work will exceed the original estimate, inspecting areas of potential increased cost as necessary, in coordination with housing staff. ii) Inspect repair work when finished (as evidenced by an invoice to the City) if no permit was required. (If a permit is required, the building department will inspect the repair work.) iii) Maintain contact with City Building Department staff to stay current with local code enforcement regulations, contractor licensing requirements and permitting requirements. iv) Maintain separate billing process (hourly time sheet) for inspections; work write -ups and coordination procedures for each program and based on specific rates. The cost of all duties listed herein should be included in the hourly price. v) Plan and conduct home maintenance workshops /classes for homeowners and/or potential homeowners, including routine maintenance tasks, prioritization of repairs and/or improvements, doing work yourself or hiring professionals, establishing a reserve, etc. Frequency and length of session will be established by housing staff according to need. 4. INSURANCE REQUIREMENTS — Bidders are required to submit a copy of their current insurance certificates with the Bid Reply Sheet. The parties agree and recognize that it is not the intent of the City of Port St. Lucie that any insurance policy /coverage that it may obtain pursuant to any provision of this Contract will provide insurance coverage to any entity, corporation, business, person, or organization, other than the City of Port St. Lucie and the City shall not be obligated to provide any insurance coverage other than for the City of Port St. Lucie or extend its immunity pursuant to Florida Statutes, Section 768.28 under its self- insured program. Any provision contained herein to the contrary shall be considered void and unenforceable by any party. This provision does not apply to any obligation imposed on any other party to obtain insurance coverage for this project, any obligation to name the City of Port St. Lucie as an additional insured under any other insurance policy, or otherwise protect the interests of the City of Port St. Lucie as specified in this Contract. The Bidder including any and all independent Contractors and subcontractors utilized must comply with the insurance requirements as outlined below. It shall be the responsibility of the Bidder to insure that all independent Contractors and subcontractors comply with these requirements. All insurance policies shall be issued from a company or companies duly licensed by the State of Florida. All policies shall be on an occurrence -made basis; the City shall not accept claims -made policies. Specific endorsements as well as increased limits of liability may be requested depending upon the type and scope of work to be performed. All insurance must be acceptable by and approved by the City as to form and types of coverage. Coverage outlined below shall apply on a primary and non - contributory basis. Sealed Bid #20130051 Final Page 1 1 of 30 4.1 Indemnification - The Bidder shall indemnify and hold harmless the City, and its Officers and their employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Bidder and all persons employed or utilized by the Bidder in the performance of the Contract. As consideration for this indemnity provision the Bidder shall be paid the sum of $10.00 (ten dollars), which will be added, to the Contract price and paid prior to commencement of work. 4.2 Workers Compensation - The Bidder shall agree to maintain Workers' Compensation Insurance & Employers' Liability in accordance with Section 440, Florida Statutes. Employers' Liability must include limits of at least $100,000 each accident, $100,000 each disease /employee, $500,000 each disease /maximum. A Waiver of Subrogation endorsement must be provided. Coverage should apply on a primacy basis. Should scope of work performed by Contractor qualify its employee for benefits under Federal Workers' Compensation Statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must be provided. 4.3 Business Auto Policy - The Bidder shall agree to maintain Business Automobile Liability at a limit of liability not less than $500,000 each occurrence for any auto, owned, non -owned and hired automobiles. In the event, the Bidder does not own any automobiles; the Business Auto Liability requirement shall be amended allowing Bidder to agree to maintain only Hired & Non -Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. Certificate holder must list the City as additional insured. A waiver of subrogation must be provided. Coverage should apply on a primary basis. 4.4 Commercial General Liability - Commercial General Liability insurance issued under an Occurrence form basis, including Contractual liability, to cover the hold harmless agreement set forth herein, with limits of not less than: Each occurrence $1,000,000 Personal/advertising injury $1,000,000 Products aggregate $2,000,000 General aggregate $2,000,000 Fire damage $100,000 any 1 fire Medical expense $10,000 any 1 person Coverage is to be written on an occurrence form basis and shall apply as primary. A per project aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation is to be provided in favor of the City. Coverage for the hazards of explosion, collapse and underground property damage (XCU) must also be included when applicable to the work performed. Coverage shall extend to independent Contractors and fellow employees. Contractual Liability is to be included. Coverage is to include a cross liability or severability of interest's provision as provided under the standard ISO form separation of insurer's clause. There shall be no exclusion for Mold, Silica or Respirable Dust or Bodily Injury or Property Damage arising out of heat, smoke, fumes or ash from a hostile fire. Sealed Bid #20130051 Final Page 12 of 30 4.5 Additional Insured Requirements - Except as to Workers' Compensation and Employers' Liability, said Certificate(s) and policy shall clearly state that coverage required by the Contract has been endorsed to include the City of Port St. Lucie, a municipality of the State of Florida, its officers, agents and employees as Additional Insured with a CG 2026 - Designated Person or Organization endorsement, or similar endorsement, added to its Commercial General Liability policy and Business Auto policy. The name for the Additional Insured endorsement issued by the insurer shall read "City of Port St. Lucie, a municipality of the State of Florida, its officers, employees and agents for Contract #20130027 Section 125 to Administer and provide Supplemental Employee Benefits ". The policy shall be endorsed to grant the City thirty (30) days' notice of, cancellation, or non - renewal of coverage there under. Said liability insurance must be acceptable by and approved by the City as to form and types of coverage. In the event that the statutory liability of the City is amended during the term of this Contract to exceed the above limits, the Bidder shall be required, upon thirty (30) days written notice by the City, to provide coverage at least equal to the amended statutory limit of liability of the City. The Firm shall agree to maintain Professional Liability or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self - insured retention (SIR) or deductible exceeds $10,000 the City reserves the right, but not the obligation, to review and request a copy of Firm's most recent annual report or audited financial statement. For policies written on a "Claims- Made" basis, the Firm warrants the retroactive date equals or precedes the effective date of this Contract. In the event the policy is canceled, non - renewed, switched to an Occurrence Fonn, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this Contract, Firm shall agree to purchase a SERP with a minimum reporting period not less than three (3) years. 4.6 Waiver of Subrogation - The bidder shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre -loss agreement to waive subrogation without an endorsement then bidder shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should bidder enter into such an agreement on a pre -loss basis. 4.7 Subcontractors - It shall be the responsibility of the Bidder to insure that all subcontractors comply with the same insurance requirements referenced above. 4.8Deductible Amounts - All deductible amounts shall be paid for and be the responsibility of the Bidder for any and all claims under this Contract. 4.9 Certificate(s) of Insurance - Immediately following notification of the award of this Contract, Bidder shall agree to deliver to the City a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage required by this Bid have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall be specifically endorsed to provide thirty (30) day written notice to the City prior to any adverse changes, cancellation, or non - renewal of coverage there under. In the "Description of Operations ..." Certificate shall list Contract #20130027 Section 125 to Administer and provide Supplemental Employee Benefits ". Sealed Bid #20130051 Final Page 13 of 30 4.10 Umbrella or Excess Liability - The Bidder may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, or Employers' Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for Commercial General Liability, Business Auto Liability, or Employers' Liability. When required by the insurer, or when Umbrella or Excess Liability is written on `Non - Follow" form, the City shall be endorsed as an "Additional Insured." 4.11 Right to Review - The City by and through its Risk Management Department reserves the right, but not the obligation, to review and reject any insurer providing coverage. 5. ADDITIONAL INFORMATION 5.1 Collusion - The City reserves the right to disqualify bids, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder. More than one (1) bid from an individual, partnership, corporation, association, firm, or other legal entity under the same or different names will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one (1) proposal for the same work will be cause for rejection of all proposals in which such Bidders are believed to be interested. Any or all proposals will be rejected if there is any reason to believe that collusion exists among the Bidders. 5.2 Withdrawal of Bids - A Bidder may withdraw his bid without prejudice to himself no later than the day and hour set in the "Invitation to Bid" by communicating his purpose in writing to the City at the address given in the "Invitation for Bid ". When received, it will be returned to him unopened. 5.3 Bid Information - For information concerning procedures for responding to this bid, contact Cheryl Shanaberger at (772) 871 -7390. Such contact is to be for clarification purposes only. To ensure fair consideration for all bidders, it must be clearly understood that Mrs. Gassaway is the only individual who is authorized to represent the City. Questions submitted to any other person in any other department will not be addressed. Additionally, the City prohibits communications initiated by a bidder to any City Official or employee evaluating or considering the bids (up to and including the Mayor and City Council), prior to the time an award decision has been made. It is the responsibility of the Bidder to receive any and all bid information and documents. Material changes, if any, to the scope of services, or bidding procedures will be transmitted only by addendum by DemandStar.com. The Bidder, in turn, shall acknowledge receipt of the addendum by marking the Bid Reply Sheet with the Addendum number and the date of issuance. The City will not be responsible for any interpretation, other than those transmitted by Addendum to the bid, made or given prior to the bid award. The Bidder is responsible for verifying they have received all Bid Addenda. The City of Port St. Lucie shall not be responsible for providing said addenda to potential bidders who receive a bid package from other sources. BALANCE OF PAGE INTENTIONALLY LEFT BLANK Sealed Bid #20130051 Final Page 14 of 30 Bid Reply Sheet Sealed Bid # 20130051 Inspection and Coordination Activities for Repair and Rehabilitation of Homes in the City 1. COMPANY NAME: DIVISION OF: PHYSICAL ADDRESS: MAILING ADDRESS: CITY, STATE, ZIP CODE: TELEPHONE NUMBER: ( ) FAX NO. ( ) CONTACT PERSON: E- MAIL: 2. ORGANIZATIONAL PROFILE: (complete all appropriate information) Is the firm incorporated? Yes - -No If yes, in what state? President Secretary Treasurer How long in present business: How long at present location: Is firm a minority business: Yes - -No; Does firm have a drug -free workplace program: Yes No If no, is your company planning to implement such a program? Does your firm have the ability to provide State licensed Home Inspectors with certifications in mold inspections, lead testing and wind mitigation? Provide 3 government entities that your film has performed these type of services and do not use the City of Port St. Lucie as a reference. Include entity name, email, contact name and telephone number. Sealed Bid #20130051 Final Page 15 of 30 3. ADDENDUM ACKNOWLEDGMENT - Bidder acknowledges that the following addenda have been received and are included in his/her proposal/bid: Addendum Number Date Issued 4. VENDOR'S LIST — If your company offers commodities other than the one specified for this bid, and you wish to be put on the vendor's list, please contact DemandStar.com at (800) 711 -1712. Bid Tabulation Reports are advertised on the City's Web Site at www.Cityofpsl.com. 5. BID RESPONSE: 5.1 Bidder will / will not accept the Procurement Card (Visa). (please circle one) 5.2 Percentage of discount when payment is made with Visa: 5.3 Bidder's quote to supply services in accordance with specifications on a fixed price: Inspection Services $ Per Hour (enter this amount on web page) Coordination Activities $ Per Hour Training/Education $ Per Class (based on 2 hrs. min.) (The City may choose to award separate contracts for Inspections and Coordination Activities) 6. INSURANCE CERTIFICATES - Bidders are required, in accordance with Section 4, to submit a copy of their Insurance Certificate for the type and dollar amount of insurance they currently maintain. 7. COMPLETION OF FORM - An authorized representative of the firm offering this Bid must complete this form in its entirety. Prices entered herein shall not be subject to withdrawal or escalation by Bidder. The City reserves the right to hold proposals and bid guarantees for a period not to exceed 90 days after the date of the bid opening stated in the Invitation to Bid before awarding the Contract. Contract award constitutes the date that City Council executes the motion to award the bid. 8. AGREEMENT - Bidder agrees to comply with all requirements stated in the specifications for this bid. 9. CERTIFICATION This bid is submitted by: Name (print) who is an officer of the above firm duly authorized to sign bids and enter into contracts. I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid. Sealed Bid #20130051 Final Page 16 of 30 Signature Date 10. Bidder has read and accepts the terms and conditions of the Citv's standard contract: Signature Title If a corporation renders this Bid, the corporate seal attested by the secretary shall be affixed below. Any agent signing this Bid shall attach to this form evidence of legal authority. Sealed Bid #20130051 Final Page 17 of 30 * * ** *(THIS ISA SAMPLE ONLY - DO NOT EXECUTE) * * * ** CITY OF PORT SAINT LUCIE CONTRACT #20130051 This CONTRACT, executed this day of , 2004, by and between the CITY OF PORT ST. LUCIE, FLORIDA, a municipality, duly organized under the laws of the State of Florida, hereinafter called "City" party of the first part, and name of contractor, address, Telephone No. () Fax No. O , hereinafter called "Contractor", party of the second part. RECITALS In consideration of the below agreements and covenants set forth herein, the parties agree as follows: CONTRACT SUPERVISOR Notices All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person, sent by certified mail with return receipt request, email or fax and addressed as follows unless written notice of a change of address is given pursuant to the provisions of this Contract. City Contract Administrator: Office of Management & Budget Attn: Cheryl Shanaberger City of Port St. Lucie 121 SW Port St. Lucie, Blvd. Port St. Lucie, FL. 34984 Telephone 772 871 7390 Fax 772 871 7337 Email: cshanaberger©cityofpsl.com City Project Manager: SECTION 1 DESCRIPTION OF SERVICES TO BE PROVIDED The specific work that the Contractor has agreed to perform pursuant to the Bid Specifications and all Addenda, made a part of this Contract, is Inspection and Coordination Activities for Repair/Rehabilitation for Homes in the City # 20130051. Contractor shall perform the following duties: 1. For owner occupied homes to be repaired/rehabbed with funds from the Port St. Lucie housing program, the following duties will apply: a. Inspect owner occupied homes to be repaired/rehabbed with funds from the Port St. Lucie housing program upon receipt of information from housing staff. Sealed Bid #20130051 Final Page 18 of 30 b. Determine which repairs qualify as eligible for assistance, in coordination with housing staff and prepare a cost estimate. c. Assist homeowners to obtain proper bids from contractors, preparing specific work write - ups for each repair when necessary. d. Provide digital photos of work to be done for each file before and after repairs. e. Request purchase orders for successful contractors/bidders and convey information on payment release procedures to homeowners /contractors. f. Conduct preconstruction conferences with homeowners and contractors on any repair items over $2,500. Coordinate formal bidding process with housing staff and the Office of Management and Budget for repairs over $25,000, if required. g. Coordinate any dispute resolution between contractor and homeowner in conjunction with housing staff. h. Prepare a list of two (2) or three (3) appliance vendors (and other vendors as required) who will agree to sell their items at a reasonable rate to housing program applicants with a purchase order from the City, if required by housing staff. 2. For City owned homes to be repaired/rehabbed or redeveloped with funds from the Port St. Lucie housing program, the following duties will apply: a. Inspect repairs on City owned homes where permitting is not required according to the procedures manual or upon request from housing staff. b. Work with housing staff, building department and contractors to ensure completion of repairs according to housing program specifications and in a timely manner. 3. For both owner occupied and City owned homes the following duties will apply: a. Authorize change orders with City approval where work will exceed the original estimate, inspecting areas of potential increased cost as necessary, in coordination with housing staff. b. Inspect repair work when finished (as evidenced by an invoice to the City) if no permit was required. (If a permit is required, the building department will inspect the repair work.) c. Maintain contact with City Building Department staff to stay current with local code enforcement regulations, contractor licensing requirements and permitting requirements. Sealed Bid #20130051 Final Page 19 of 30 d. Maintain separate billing process (hourly time sheet) for inspections; work write -ups and coordination procedures for each program and based on specific rates. The cost of all duties listed herein should be included in the hourly price. e. Plan and conduct home maintenance workshops /classes for homeowners and/or potential homeowners, including routine maintenance tasks, prioritization of repairs and/or improvements, doing work yourself or hiring professionals, establishing a reserve, etc. Frequency and length of session will be established by housing staff according to need. SECTION II TIME OF PERFORMANCE Contract period shall commence and terminate . In the event all work required in the bid specifications has not been completed by the specified date, the Contractor agrees to provide work as authorized by the Contract Supervisor until all work specified in the bid specifications has been rendered. SECTION III COMPENSATION The total amount to be paid by the City to the Contractor is to be determined by the actual number of inspections and coordination activities performed in accordance with the following rates: Inspections: $ Per Hour Coordination Activities: $ Per Hour Training/Education $ Per Class (based on 2 hrs. min.) Contractor shall invoice the City for the amount of the indemnification payment and said invoice shall accompany the signed Contracts. The Contractor shall not be paid additional compensation for any loss, and/or damage, arising out of the nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulties encountered in the performance of the work, or for any expenses incurred by or in consequence of the suspension or discontinuance of the work. Invoices for services shall be submitted once a month, by the 10th of the month, and payments shall be made within thirty (30) days unless contractor has chosen to take advantage of the Purchasing Card Program, which guarantees payment within several days. Payments shall be made provided the submitted invoice is accompanied by adequate supporting documentation and approved by Contract Supervisor. No payment for projects involving improvements to real property shall be due until Contractor delivers to City a complete release of all claims arising out of the contract or receipts in full in lieu thereof, and an affidavit on his personal knowledge that the releases and receipts include labor and materials for which a lien could be filed. All invoices and correspondence relative to this contract must contain the Purchase Order number and Contract number. Sealed Bid #20130051 Final Page 20 of 30 SECTION IV CONFORMANCE WITH BID It is understood that the materials and/or work required herein are in accordance with the bid made by the Contractor pursuant to the Invitation to Bid and Specifications on file in the Office of Management and Budget of the City. documents submitted by the Contractor in relation to said bid, and all documents promulgated Y Y � p g by the City for inviting bids are, by reference, made a part hereof as if set forth herein in full. SECTION V INDEMNIFICATION /INSURANCE The Contractor agrees to indemnify, defend, and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligent acts, recklessness, or intentional wrongful misconduct of the Contractor or Contractor and persons employed or utilized by the Contractor in the performance of the construction contract. As consideration for this indemnity provision the Contractor shall be paid the sum of ten dollars ($10.00), which will be added to the contract price, and paid prior to commencement of work. The Contractor shall, on a primary basis and at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverage, limits, including endorsements, as described herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract. The parties agree and recognize that it is not the intent of the City of Port St. Lucie that any insurance policy /coverage that may be obtained pursuant to any provision of this Contract will provide insurance coverage to any entity, corporation, business, person, or organization, other than the City of Port St. Lucie and the City shall not be obligated to provide any insurance coverage other than for the City of Port St. Lucie or extend its sovereign immunity pursuant to Section 768.28, Florida Statutes, under its self-insured program. Any provision contained herein to the contrary shall be considered void and unenforceable by any party. This provision does not apply to any obligation imposed on any other party to obtain insurance coverage for this project, or any obligation to name the City of Port St. Lucie as an additional insured under any other insurance policy, or otherwise protect the interests of the City of Port St. Lucie as specified in this Contract. The Contractor shall agree to maintain Workers' Compensation Insurance & Employers' Liability in accordance with Section 440, Florida Statutes. Employers' Liability must include limits of at least $100,000 each accident, $100,000 each disease/employee, $500,000 each disease /maximum. A Waiver of Subrogation endorsement must be provided. Coverage should apply on a primary basis. Should scope of work performed by Contractor qualify its employee for benefits under Federal Workers' Compensation Statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must be provided. Commercial General Liability insurance issued under an Occurrence form basis, including Contractual liability, to cover the hold harmless agreement set forth herein, with limits of not less than: Sealed Bid #20130051 Final Page 21 of 30 Each occurrence $1,000,000 Personal/advertising injury $1,000,000 Products/completed operations aggregate $2,000,000 General aggregate $2,000,000 Fire damage $100,000 any 1 fire Medical expense $10,000 any 1 person An Additional Insured endorsement must be attached to the certificate of insurance and must include coverage for Completed Operations (should be ISO CG20101185 or CG20371001 & CG20100704) under the General Liability policy. Products and Completed Operations coverage to be provided for a minimum of five (5) years from the date of possession by owner or completion of contract. Coverage is to be written on an occurrence form basis and shall apply as primary. A per project aggregate limit endorsement should be attached. Defense costs are to be in addition to the limit of liability. A waiver of subrogation is to be provided in favor of the City. Coverage for the hazards of explosion, collapse and underground property damage (XCU) must also be included when applicable to the work performed. Coverage shall extend to independent contractors and fellow employees. Contractual Liability is to be included. Coverage is to include a cross liability or severability of interest's provision as provided under the standard ISO form separation of insurers clause. There shall be no exclusion for Mold, Silica or Respirable Dust or Bodily Injury or Property Damage arising out of heat, smoke, fumes or ash from a hostile fire. The Contractor shall agree to maintain Professional Liability or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self - insured retention (SIR) or deductible exceeds $10,000, City reserves the right, but not the obligation, to review and request a copy of Bidders most recent annual report or audited financial statement. For policies written on a "Claims- Made" basis, bidder warrants the retroactive date equals or precedes the effective date of this contract. In the event the policy is canceled, non - renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this Contract, bidder shall agree to purchase a SERP with a minimum reporting period not less than three (3) years. Except as to Workers' Compensation and Employers' Liability, said Certificate(s) and policies shall clearly state that coverage required by the Contract has been endorsed to include the City of Port St. Lucie, a political subdivision of the State of Florida, its officers, agents and employees as Additional Insured with a CG 2026- Designated Person or Organization endorsement, or similar endorsement, added to its Commercial General Liability policy and Business Auto policy. The name for the Additional Insured endorsement issued by the insurer shall read "City of Port St. Lucie, municipality of the State of Florida, its officers, employees and agents, and Contract #20130051, Inspection and Coordination Activities for Repair, Rehabilitation and Redevelopment of City Housing Programs." Said policies shall be specifically endorsed to provide thirty (30) days written notice to the City prior to any adverse changes, cancellation, or non - renewal of coverage there under. Said liability insurance must be accepted by and approved by the City as to form and types of coverage. In the event that the statutory liability of the City is amended during the term of this Contract to exceed the above limits, the Contractor shall be required, upon receipt of thirty (30) days written notice from the City, to provide coverage at least equal to the amended statutory limit of liability of the City. Copies of the Additional Insured endorsements including Completed Operations coverage should be attached to the Certificate of Insurance. Sealed Bid #20130051 Final Page 22 of 30 • The Contractor shall agree to maintain Business Automobile Liability at a limit of liability not Less than $500,000 each accident covering any auto, owned, non -owned and hired automobiles. In the event, the Contractor does not own any automobiles; the Business Auto Liability requirement shall be amended allowing Contractor to agree to maintain only Hired & Non -Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. Certificate holder must be listed as additional insured. A waiver of subrogation must be provided. Coverage should apply on a primary basis. The Contractor shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre -loss Contract to waive subrogation without an endorsement then Contractor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy where a condition to the policy specifically prohibits such an endorsement, or voids coverage should Contractor enter into such a Contract on a pre -loss basis. It shall be the responsibility of the Contractor to ensure that all subcontractors comply with the same insurance requirements referenced above and any additional insurance requirements needed to perform the scope of work as described herein. All deductible amounts shall be paid for and be the responsibility of the Contractor for any and all claims under this Contract. The Contractor may satisfy the minimum limits required above for Commercial General Liability, Business Auto Liability, and Employers' Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for Commercial General Liability, Business Auto Liability, or Employers' Liability. When required by the insurer, or when Umbrella or Excess Liability is written on "Non- Follow" form, the City shall be endorsed as an "Additional Insured." The City, by and through its Risk Management Department, reserves the right, but not the obligation, to review and reject any insurer providing coverage. SECTION VI PROHIBITION AGAINST FILING OR MAINTAINING LIENS AND SUITS Subject to the laws of the State of Florida and of the United States, neither Contractor nor any subcontractor, supplier of materials, laborer or other person shall file or maintain any lien for labor or materials delivered in the performance of this contract against the City. The right to maintain such lien for any or all of the above parties is hereby expressly waived. Sealed Bid #20130051 Final Page 23 of 30 SECTION VII WORK CHANGES The City reserves the right to order work changes in the nature of additions, deletions or modifications without invalidating the Contract, and agrees to make corresponding adjustments in the contract price and time for completion. Any and all changes must be authorized by a written change order signed by the Director of OMB or his designee as representing the City. Work shall be changed and the contract price and completion time shall be modified only as set out in the written change order. Any adjustment in the contract price resulting in a credit or a charge to the City shall be determined by mutual agreement of the parties. SECTION VIII COMPLIANCE WITH LAWS The Contractor shall give all notices required by and shall otherwise comply with all applicable laws, ordinances and codes and shall, at his own expense, secure and pay the fees and charges for all permits required for the performance of the contract. All materials furnished and works done are to comply with all local, state and federal laws and regulations. SECTION IX CLEANING UP "Not Applicable" SECTION X ADDITIONAL REQUIREMENTS In the event of any conflict between the terms and conditions, appearing on any purchase order issued relative to this Contract, and those contained in this Contract and the Specifications herein referenced, the terms of this Contract and Specifications herein referenced shall apply. If there is a conflict between the contract and the specifications, the contract will control. SECTION XI LICENSING Contractor warrants that he possesses all licenses and certificates necessary to perform required work and is not in violation of any laws. Contractor warrants that his license and certificates are current and will be maintained throughout the duration of the contract. Sealed Bid #20130051 Final Page 24 of 30 SECTION XII SAFETY PRECAUTIONS Precaution shall be exercised at all times for the protection of persons, including employees, and property. The safety provisions of all applicable laws and building and construction codes shall be observed. SECTION XIII ASSIGNMENT Contractor shall not delegate, sublet or subcontract any part of the work under this contract or assign any monies due him hereunder without first obtaining the written consent of the City. SECTION XIV TERMINATION The City may terminate this agreement with or without cause by giving the vendor /contractor thirty (30) days notice in writing. Upon delivery of said notice and upon expiration of the thirty (30) day period, the vendor /contractor shall discontinue all services in connection with the performance of this agreement and shall proceed to cancel promptly all existing contracts in so far as such contracts are chargeable to this agreement. SECTION XV LAW AND VENUE This agreement is to be construed as though made in and to be performed in the State of Florida and is to be governed by the laws of Florida in all respects without reference to the laws of any other state or nation. The venue of any action taken pursuant to this contract shall be in St. Lucie County, Florida. SECTION XVI APPROPRIATION APPROVAL The Contractor acknowledges that the City's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the City Council. The Contractor agrees that, in the event such appropriation is not forthcoming, the City may terminate this Contract and that no charges, penalties or other costs shall be assessed. SECTION XVII RENEWAL OPTION This Contract maybe extended for one (I) additional thirty -six (36) month period provided the City and Contractor have mutually agreed upon a two (2) hourly rate for the extension. NOTE: To exercise this option a response should be submitted three (3) months vrior to the termination of the contract period. Sealed Bid #20130051 Final Page 25 of 30 SECTION XVIII ENTIRE AGREEMENT The written terms and provisions of this contract shall supersede all prior verbal statements of any official or other representative of the City. Such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any manner whatsoever, this contract or contract documents. BALANCE OF PAGE INTENTIONALLY LEFT BLANK • Sealed Bid #20130051 Final Page 26 of 30 IN WITNESS WHEREOF, the parties have executed this contract at Port St. Lucie, Florida, the day and year first above written. CITY OF PORT ST. LUCIE FLORIDA By: Interim City Manager ATTEST: By: City Clerk By: Authorized Representative of (company name) State of: County of: Before me personally appeared: ) (please print) Please check one: Personally known Produced Identification: (type of identification) Identification No. and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument for the purposes therein expressed. (he /she) WITNESS my hand and official seal, this day of , 2013. Notary Signature Notary Public -State of at Large. My Commission Expires (seal) Sealed Bid #20130051 Final Page 27 of 30 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 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 a 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 employees 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. Bidder's Signature Date Sealed Bid #20130051 Final Page 28 of 30 STATEMENT OF NO BID To: City of Port St. Lucie Office of Management & Budget 121 S.W. Port St. Lucie Boulevard Port St. Lucie, FL 34984 -5099 Bid: # 20040072 -BG Bid Title: Inspection and Coordination Activities for Repair and Rehabilitation for the State Housing Initiatives Partnership (SHIP) Program We, the undersigned have declined to bid on the subject bid for the following reasons: [ ] Insufficient time to respond to the Invitation to Bid [ ] We do not offer this product or service. [ ] Our schedule would not permit us to perform. [ ] We are unable to meet specifications. [ ] We are unable to meet bond requirements. [ ] Specifications are unclear (Explain below). [ ] We are unable to meet insurance requirements. [ ] Other (Specify below). Remarks: Company Name: Telephone: ( ) Division: Address: Signature: Date: Sealed Bid #20130051 Final Page 29 of 30 CHECKLIST Sealed Bid #20130051 Inspection and Coordination Activities for Repair and Rehabilitation - (SHIP) Program Name of Bidder: This checklist is provided to assist bidders in the preparation of their bid response. Included in this checklist are important requirements that are the responsibility of each Bidder to submit with their response in order to make their bid response fully compliant. This checklist is only a guideline -- it is the responsibility of each Bidder to read and comply with the Invitation to Bid in its entirety. Bid Reply Sheet with proper signature and notarized. Drug -Free Workplace Form All pricing has been mathematically reviewed and all corrections have been initialed. Each Bid Addendum (when issued) is acknowledged. Copy of Insurance Certificate in accordance with Section 4 Copy of MSDS Sheets in Accordance with Item #1.21 Have reviewed the Contract and accept all City Terms and Conditions Sample Inspection Report W -9 Licenses *THIS FORM MUST BE RETURNED WITH YOUR BID REPLY SHEET* Sealed Bid #20130051 Final Page 30 of 30 The Davis -Bacon Act, MIND as Amended U.S. Wage and Hour Division U.S. Department of Labor Wage and Hour Division WH Publication 1246 (Revised April 2009) Materials contained in this publication is in the public domain and may be reproduced, fully or partially, without permission of the federal Government. Source credit is requested but not required. Permission is required only to reproduce any copyrighted material contained herein. This material will be made available to Sensory impaired individuals upon request. Voice phone: 202 - 693 -0675 TDD* phone: 202 - 523 -9530 PUBLIC LAW 107- 217 —AUG. 21, 2002 [as amended'] An Act To revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United States Code, "Public Buildings, Property, and Works ". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TITLE 40, UNITED STATES CODE. Certain general and permanent laws of the United States, related to public buildings, property, and works, are revised, codified,and enacted as title 40, United States Code, "Public Buildings, Property, and Works ", as follows: TITLE 40— PUBLIC BUILDINGS, PROPERTY, AND WORKS * * * * SUBTITLE II— PUBLIC BUILDINGS AND WORKS * * * * PART A — GENERAL * * * * CHAPTER 31 – GENERAL * * * * SUBCHAPTER IV - WAGE RATE REQUIREMENTS Sec. 3141. Definition In this subchapter, the following definitions apply: (1) Federal government.— The term "Federal Government" has the same meaning that the term "United States" had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494) (known as the Davis -Bacon Act). (2) Wages, scale of wages, wage rates, minimum wages, and prevailing wages. — The terms "wages ", "scale of wages ", "wage rates ", "minimum wages ", and "prevailing wages" include — (A) the basic hourly rate of pay; and 'Pub. L. 109 -284 Sec. 6(11), (12), and (13) made three minor technical corrections in Secs 3141(1), and 3142(d) and (e). (Sept. 27, 2006, 120 Stat.1213.) The Davis -Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which was classified generally to sections 276a to 276a -5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141 -3144, 3146, and 3147 of this title by Pub. L. 107 -217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the con- tractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of— (i) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and (ii) the rate of costs to the contractor or subcontractor that may be reasonably an- ticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was com- municated in writing to the laborers and mechanics affected. Sec. 3142. Rate of wages for laborers and mechanics (a) Application.— The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics. (b) Based on Prevailing Wage. — The minimum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there. (c) Stipulations Required in Contract.— Every contract based upon the specifications referred to in subsection (a) must contain stipulations that — (1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics; (2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and (3) there may be withheld from the contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents. (d) Discharge of Obligation. — The obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, under this subchapter and other laws incorporating this subchapter by reference, may be discharged by making payments in cash, by making contributions described in section 3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear the costs of a plan or program referred to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and assumption, where the aggregate of the payments, contributions, and costs is not less than the basic hourly rate of pay plus the amount referred to in section 3141(2)(B) of this title. (e) Overtime Pay.— In determining the overtime pay to which a laborer or mechanic is entitled under any federal law, the regular or basic hourly rate of pay (or other alternative rate on which premium rate of overtime compensation is computed) of the laborer or mechanic is deemed to be the rate computed under section 3141(2)(A) of this title, except that where the amount of payments, contributions, or costs incurred with respect to the laborer or mechanic exceeds the applicable prevailing wage, the regular or basic hourly rate of pp p g g , g y too pay (or other alternative rate) is the amount of a y ments, contributions, or costs actually incurred with respect to the laborer or PY Y P mechanic minus the greater of the amount of contributions or costs of the types described in section 3141(2)(B) of this title actually incurred with respect to the laborer or mechanic or the amount determined under section 3141(2)(B) of this title but not actually paid. 3141(2)(B) of this title but not actually paid. Sec.3143. Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal Government by written notice to the contractor may terminate the contractor's right to proceed with the work or the part of the work as to which there has been a failure to pay the required wages. The Government may have the work completed, by contract or otherwise, and the contractor and the contractor's sureties shall be liable to the Government for any excess costs the Government incurs. Sec. 3144. Authority of Comptroller General to pay wages and list contractors violating contracts (a) Payment of Wages. — (1) In general. — The Comptroller General shall pay directly to laborers and mechanics from any accrued payments withheld under the terms of a contract any wages found to be due laborers and mechanics under this subchapter. (2) Right of action.— If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor's sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. (b) List of Contractors Violating Contracts.— (1) In general. — The Comptroller General shall distribute to all departments of the Federal Government a list of the names of persons whom the Comptroller General has found to have disregarded their obligations to employees and subcontractors. (2) Restriction on awarding contracts. — No contract shall be awarded to persons appearing on the list or to any firm, corporation, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list. * * * * Sec. 3146. Effect on other federal laws This subchapter does not supersede or impair any authority otherwise granted by federal law to provide for the establishment of specific wage rates. Sec. 3147. Suspension of this subchapter during a national emergency The President may suspend the provisions of this subchapter during a national emergency. Sec. 3148. Application of this subchapter to certain contracts This subchapter applies to a contract authorized by law that is made without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or on a cost - plus -a -fixed -fee basis or otherwise without advertising for proposals, if this subchapter otherwise would apply to the contract. "All obligations set forth in this document shall be applicable to the Vendor." (A). Compliance. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the City, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the City, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by this Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. (B). The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." (C). The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. (D).The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Resolution No. 2403 A Resolution of the City of Sanford, Florida relating to the delegation of authority to the City Manager relative to management and implementation of the requirements of the City's Community Development Block Grant Program including, but not limited to, powers relative to the approval and execution of contracts; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability and providing for an effective date. WHEREAS, the City Commission of the City of Sanford is involved in many diverse activities as part of the City's operating as complex municipal government including, but not limited, to the City's Community Development Block Grant Program; and WHEREAS, the City Commission of the City of Sanford is vested with certain responsibilities and powers under the provisions of the City Charter of the City of Sanford and the City Manager has other responsibilities and powers under the provisions of the City Charter, and WHEREAS, the City Commission of the City of Sanford desires to empower and direct the City Manager to implement and manage the requirements of the City's Community Development Block Grant Program and to take other appropriate actions to ensure the smooth and efficient operation and functioning of City government; and 11Page Whereas, Section 2.04 of the City Charter of the City of Sanford relates to the general powers and duties of the City Commission and provides that "[a]II powers of the City shall be vested in the Commission, except as otherwise provided by law or this charter, and the Commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law" and Section 3.04 of the City Charter of the City of Sanford relates to the powers and duties of the City Manager and provides, in pertinent part that "[t]he City Manager shall be the chief administrative officer of the City. The City Manager shall be responsible to the Commission for the administration of all City affairs placed in his or her charge by or under this Charter "; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and adopting this Resolution; and Whereas, the foregoing whereas clauses are hereby adopted as the legislative and administrative findings of the City Commission. Now, therefore, be it adopted and resolved by the City Commission of the City of Sanford, Florida as follows: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Resolution the recitals (whereas clauses) to this Resolution. (b). Although not a land development regulation, this Resolution is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. 2jPage Section 2. Delegation to City Manager relating to City's Community Development Block Grant Program. (a). The City Manager is hereby authorized to administer all aspects of the City's Community Development Block Grant Program within City of Sanford Y Y p g Y municipal government including, but not limited to, the approval and execution of diverse and various types of contracts relating to the implementation of the Program. (b). Notwithstanding the provisions of this Section, the City Manager may determine that it is desirable or appropriate to submit any matter enumerated herein to the City Commission for action as deemed necessary. (c). The City Manager shall report all actions taken under the provisions of this Resolution to the City Commission as soon as practicable after taking such actions. (d). The City Manager shall ensure that all ethics laws are adhered to during the course of procurement actions and activities taken in furtherance of the implementation of this Resolution and the City's CDBG Program. The City Attorney shall assist the City Manager in such adherence to high ethical standards and actions. Section 3. Future Implementing Actions. (a). The City Manager is assigned the responsibility to take any and all necessary administrative actions that may be desirable or necessary to implement the provisions of this Resolution. Wage (b). The City Clerk is hereby authorized to attest to the signature of and to otherwise fully assist the City Manager in the implementation of this Resolution and the execution of diverse contract documents approved under the provisions of this Resolution. (c). The City Attorney is instructed to assist the City Manager in the implementation of this Resolution. Section 4. Conflicts. All resolutions or parts of resolutions in conflict with the provisions of this Resolution are hereby repealed and rescinded. Section 5. Savings. The prior actions of the City of Sanford relating to the implementation of the City's Community Development Block Grant Program, as well as all related subject matters and processes, are hereby ratified and affirmed. Section 6. Severability. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 7. Effective Date. This Resolution shall take immediate effect upon enactment. 4I Page Passed and adopted this 1 day of May, 2013. Attest: City Commission of the City of Sanford, Florida lZ�l . /626 -C1 'dbC anet Dougherty, pity Cler! Jeff Triple 1 7R - . r Approved as to form and legal sufficiency. • // William L. Colbert, City Attorney 5JPage Davis -Bacon Wage Rate Information *Note: See http://www.dot.state.fl.us/construction/wage2.shtm#countv/index * *Note2: Davis -Bacon does not apply to debris removal agreements. 29 CFR 1.5 - Procedure for requesting wage determinations. q 9 wa 9 Section Number: 1.5 Section Name: Procedure for requesting wage determinations. (a) The Department of Labor publ ishes general wage determinations under the Davis -Bacon Act on the WDOL Internet Web site. If there is a general wage determination applicable to the project, the agency may use it without notifying the Department of Labor, Provided, That questions concerning its use shall be referred to the Department of Labor in accordance with Sec. 1.6(b). (b)(1) If a general wage determination is not available, the Federal agency shall request a wage determination under the Davi s -Bacon Act or any of its related prevailing wage statutes by subm itting Form SF -308 to the Department of Labor at this address: U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Branch of Construction Contract Wage Determination, Washington, DC 20210. In preparing Form SF -308, the agency shall check only those classifications that will be needed in the performance of the work. Inserting a note such as "entire schedule" or "all applicable classifications" is not sufficient. Additional classifications needed that are not on the form may be typed in the blank spaces or on a separate list and attached to the form. (2) In completing SF -308, the agency shall furnish: (i) A sufficiently detailed description of the work to indicate the type of construction involved. Additional description or separate attachment, if necessary for identification of type of project, shall be furnished. (ii) The county (or other civil subdivision) and State in which the proposed project is located. (3) Such request for a wage determination shall be accompanied by any pertinent wage payment information that may be available. When the requesting agency is a State highway department under the Federal -Aid Highway Acts as codified in 23 U.S.C. 113, such agency shall also include its recommendations as to the wages which are prevailing for each classification of laborers and mechanics on similar construction in the area. (c) The time required for processing requests for wage determinations varies according to the facts and circumstances in each case. An agency should anticipate that such processing in the Department of Labor will take at least 30 days. (a)(1) Project wage determinations initially issued shall be effective for 180 calendar days from the date of such determ inations. If such a wage determination is not used in the period of its effectiveness it is void. Accordingly, if it appears that a wage determination may expire between bid opening and contract award (or between initial endorsement under the N ational Housi ng Act or the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937, and the start of construction) the agency shall request a new wage determination sufficiently in advance of the bid opening to assure receipt prior thereto. However, when due to unavoidable circumstances a determination expires before award but after bid opening (or before the start of construction, but after initial endorsement under the National Housing Act, or before the start of construction but after the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937), the head of the agency or his or her designee may request the Adm inistrator to extend the expiration date of the wage determination in the bid specifi cations instead of issuing a new wage determination. Such request shall be supported by a written finding, which shall include a brief statement of the factual support, that the extension of the expiration date of the determ ination is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business. The Administrator will either grant or deny the request for an extension after consideration of all of the circumstances, including an examination to determine if the previously issued rates remain prevailing. If the request for extension is denied, the Administrator will proceed to issue a new wage determination for the project. (2) General wage determinations issued pursuant to Sec. 1.5(a), notice of which is published on WDOL, shall contain no expiration date. (b) Contracting agencies are responsible for insuring that only the appropriate wage determination(s) are incorporated in bid solicitations and contract specifications and for designating specifically the work to which such wage determinations will apply. Any question regarding application of wage rate schedules shall be referred to the Administrator, who shall give foremost consideration to area practice in resolving the question. (c)(1) Project and general wage determinations may be modified from time to time to keep them current. A modification may specify only the items being changed, or may be in the form of a supersedeas wage determination, which replaces the entire wage determination. Such actions are distinguished from a determination by the Administrator under paragraphs (d), (e) and (f) of this section that an erroneous wage determination has been issued or that the wrong wage determination or wage rate schedule has been utilized by the agency. (2)(i) All actions modifying a project wage determination received by the agency before contract award (or the start of construction where there is no contract award) shall be effective except as follows: (A) In the case of contracts entered into pursuant to competitive bidding procedures, modifications received by the agency less than 10 days before the opening of bids shall be effective unless the agency finds that there is not a reasonable time still available before bid opening, to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report 9 pY p shall be made available to the Adm inistrator upon request. No such report shall be required if the modification is received after bid opening. (B) In the case of projects assisted under the National Housing Act, modifications shall be effective if received prior to the beginning of construction or the date the mortgage is initially endorsed, whichever occurs first. (C) In the case of projects to receive housing assistance payments under section 8 of the U.S. Housing Act of 1937, modifications shall be effective if received prior to the beginning of construction or the date the agreement to enter into a housing assistance payments contract is executed, whichever occurs first. (ii) Modifications to project wage determinations and supersedeas wage determinations shall not be effective after contract award (or after the beginning of construction where there is no contract award). (iii) Actual written notice of a modification shall constitute receipt. (3) All actions modifying a general wage determination shall be effective with respect to any project to which the determination applies, if notice of such actions is published before contract award (or the start of construction where there is no contract award), except as follows: (i) In the case of contracts entered into pursuant to competitive bidding procedures, a modification, notice of which is published less than 10 days before the opening of bids, shall be effective unless the agency finds that there is not a reasonable time still available before bid opening to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report shall be made available to the Administrator upon request. No such report shall be required if notice of the modification is published after bid opening. (ii) In the case of projects assisted under the National H ousing Act, a modification shall be effective if notice of such modification is published prior to the beginning of construction or the date the mortgage is initially endorsed, whichever occurs first. (iii) In the case of projects to receive housing assistance payments under section 8 of the U.S. Housing Act of 1937, a modification shall be effective if notice of such modification is published prior to the beginning of construction or the date the agreement to enter into a housing assistance payments contract is signed, whichever occurs first. (iv) If under paragraph (c)(3)(i) of this section the contract has not been awarded within 90 days after bid opening, or if under paragraph (c)(3)(ii) or (iii) of this section construction has not begun within 90 days after initial endorsement or the signing of the agreement to enter into a housing assistance payments contract, any modification, notice of which is published on WDOL prior to award of the contract or the beginning of construction, as appropriate, shall be effective with respect to that contract unless the head of the ag ency or his or her designee requests and obtains an extension of the 90 -day period from the Administrator. Such request shall be supported by a written finding, which shall include a brief statement of the factual support, that the extension is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business. The Administrator will either grant or deny the request for an extension after consideration of all the circumstances. (v) A modification to a general wage determination is "published" within the meaning of this section on the date notice of a modification or a supersedeas wage determination is published on WDOL or on the date the agency receives actual written notice of the modification from the Department of Labor, whichever occurs first. Archived versions of Davis -Bacon and Related Acts wage determinations that are no longer current may be accessed in the "Archived DB WD" database of WDOL for information purposes only. Contracting officers should not use an archived wage determination in a contract action without prior approval of the Department of Labor. (vi) A supersedeas wage determination or a modification to an applicable general wage determination, notice of which is published after contract award (or after the beginning of construction where there is no contract award) shall not be effective. (d) Upon his /her own initiative or at the request of an agency, the Administrator may correct any wage determination, without regard to paragraph (c) of this section, whenever the Administrator finds such a wage determination contains clerical errors. Such corrections shall be included in any bid specifications containing the wage determination, or in any on -going contract containing the wage determination in question, retroactively to the start of construction. (e) Written notification by the Department of Labor prior to the award of a contract (or the start of construction under the N ational Housing Act, under section 8 of the U.S. Housing Act of 1937, or where there is no contract award) that: (1) There is included in the bidding documents or solicitation the wrong wage determination or the wrong schedule or that (2) a wage determination is withdrawn by the Department of Labor as a result of a decision by the Adm inistrative Review Board, shall be effective immediately without regard to paragraph (c) of this section. (f) The Administrator may issue a wage determination after contract award or after the beginning of construction if the agency has failed to incor porate a wage determination in a contract required to contain prevailing wage rates determined in accordance with the Davis -Bacon Act, or has used a wage determination which by its terms or the provisions of this part clearly does not apply to the contract. Further, the Administrator may issue a wage determination which shall be applicable to a contract after contract award or after the beginning of construction when it is found that the wrong wage determination has been incorporated in the contract because of an inaccurate description of the project or its location in the agency's request for the wage determination. Under any of the above circumstances, the agency shall either terminate and resolicit the contract with the valid wage determination, or incorporate the valid wage determination retroactive to the beginning of construction through supplemental agreement or through change order, Provided That the contractor is compensated for any increases in wages resulting from such change. The method of incorporation of the valid wage deter mination, and adj ustment in contract price, where appropriate, should be in accordance with applicable procurement law. (g) If Federal funding or assistance under a statute requiring payment of wages determined in accordance with the Davis -Bacon Act is not approved prior to contract award (or the beginning of construction where there is no contract award), the agency shall request a wage determination prior to approval of such funds. S uch a wage determination shall be issued based upon the wages and fringe benefits found to be prevailing on the date of award or the beginning of construction (under the National Housing Act, under section 8 of the U.S. Housing Act of 1937 or where there is no contract award), as appropriate, and shall be incorporated in the contract specifications retroactively to that date, Provided, That upon the request of the head oft he agency in individual cases the Administrator may issue such a wage determination to be effective on the date of approval of Federal funds or assistance whenever the Administrator finds that it is necessary and proper in the public interest to prevent injustice or undue hards hip, Provided further That the Administrator finds no evidence of intent to apply for Federal funding or assistance prior to contract award or the start of construction, as appropriate. EMPLOYEE RIGHTS UNDER THE DAVIS -BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not Tess than the wage rate listed in the Davis -Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not Tess than one and one -half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis -Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and /or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: F. William Smith, Purchasing Manager City of Sanford 301 North Park Avenue, Room 243 Sanford, Florida 32771 Telephone: (407)688 -5028 FAX: (407)688 -5021 Email: bill.smith@sanfordfl.gov or contact the U.S. Department of Labor's Wage and Hour Division. B E N „ For additional information: _ _ _ IHD 1 86 6 4 USWAGE t T o- U.S. Wage and Hour Division °. , P (1 866 - 487 - 9243) TTY: 1- 877 - 889 -5627 WWW.WAGEHOUR.DOLIGOV U.S. Department of Labor I Employment Standards Administration I Wage and Hour Division WH 1321(Revised April 2009) SECTION 00881 DAVIS BACON DAVIS BACON PAY RATES Wage Determinations applicable to Davis -Bacon Act are to be obtained from the web -site: http: / /www.wdol.gov /dba.aspx Add: GENERAL DECISION Number: Date Applicable to General Decision Number: Superseded General Decision Number: State: Florida Construction Type: Heavy County: Seminole County in Florida. HEAVY CONSTRUCTION PROJECTS: Modification Number Publication Date Attach Copy of WD To this sheet with the appropriate additions completed. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests 00881 -1 SECTION 00881 DAVIS BACON DAVIS BACON PAY RATES for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party q ) Y � P Y (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 00881 -2 SECTION 00883 DAVIS BACON FORMS: 1. Interview Form 2. Certified Payroll 3. Instructions 00900 -1 Version 4/11 LABOR STANDARDS INTERVIEW CONTRACT NUMBER AND LOCATION EMPLOYEE INFORMATION LAST NAME FIRST NAME MI NAME OF PRIME CONTRACTOR STREET ADDRESS NAME OF EMPLOYER CITY STATE ZIP CODE SUPERVISORS NAME WORK CLASSIFICATION WAGE RATE LAST NAME FIRST NAME MI ACTION CHECK BELOW YES NO Do you work over 8 hours per day? Do you work over 40 hours per week? Are you paid at (east time and a half for overtime hours? Are you paid for all hours worked? Do you receive a 30- minute break for every 6 hours worked? Have you ever been threatened or coerced Into giving up any part of your pay? Are you receiving any cash payments for Cringe benefits required by the posted wage determination decision? Examples of "bona fide' fringe benefits include (but are not limited to) life insurance, health insurance, pension, vacation, holidays, and sick leave WHAT DEDUCTIONS OTHER THAN TAXES AND SOCIAL SECURITY ARE MADE FROM YOUR PAY? HOW MANY HOURS DID YOU WORK ON YOUR LAST WORK DAY DUTIES PERFORMED TOOLS USED BEFORE THIS INTERVIEW? DATE OF LAST WORK DAY BEFORE INTERVIEW ( YYMMDD) WHEN DID YOU BEGIN WORK ON THIS PROJECT? (YYMMDD) I HAVE READ THE ABOVE AND CERTIFY IT TO BE CORRECT TO THE BEST OF MY KNOWLEDGE EMPLOYEE'S SIGNATURE DATE ( YYMMDD) X INTERVIEWERS SIGNATURE DATE ( YYMMDD) INTERVIEWER'S COMMENTS WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION (If explanatibnisneeded, use conunents section) YES NO IS EMPLOYEE PROPERLY CLASSIFIED AND PAID? ARE WAGE RATES AND POSTERS DISPLAYED FOR USE BY PAYROLL CHECKER IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? OYES ONO COMMENTS CHECKER LAST NAME FIRST NAME MI JOB TITLE SIGNATURE 1 DATE ( YYMMDD) AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1445 (REV. 7 -06) 00900 -2 Version 4/11 F �� V a a �"" E . g g all o r LI MEIN '' ; W I a, E4 11 gg _Il . 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Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis -Bacon and related Acts. While completion of Form WH -347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis -Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Under the Davis -Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits. This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benefits, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he /she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor: Fill in your firm's name and check appropriate box. Address: Fill in your firm's address. Payroll No.: Beginning with the number "1 ", list the payroll number for the submission. For Week Ending: List the workweek ending date. Project and Location: Self- explanatory. Project or Contract No.: Self- explanatory. Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted. 00900 -5 Version 4/11 Column 2 - No. of Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5. Column 3 - Work Classifications: List classification descriptive of work actually performed by each laborer or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be shown as having worked in more than one classification provided an accurate breakdown or hours worked in each classification is maintained and shown on the submitted payroll by use of separate entries. Column 4 - Hours worked: List the day and date and straight time and overtime hours worked in the applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime ". Column 5 - Total: Self- explanatory Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. When overtime is worked, show the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker; otherwise, you may skip this box. See "Fringe Benefits" below. Payment of not less than time and one -half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the earnings of a worker who earned $163.00 on a Federally assisted construction project during a week in which $420.00 was earned on all work. Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction are involved, use the first four columns and show the balance deductions under "Other" column; show actual total under "Total Deductions" column; and in the attachment to the payroll describe the deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project, show actual deductions from his /her weekly gross wage, and indicate that deductions are based on his gross wages. Column 9 - Net Wages Paid for Week: Self- explanatory. Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Items land 2: Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement. 00900 -6 Version 4/11 Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH -347 payroll form to indicate the payment. Note any exceptions in section 4(c). Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in section 4(c). Use of Section 4(c), Exceptions Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Public Burden Statement: We estimate that it will take an average of 55 minutes to complete this collection of information, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection of information, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.,Washington, D.C. 20210. Note: In order to view, fill out, and print PDF forms, you need Adobe® Acrobat® Reader® version 5 or later, which you may download for free at www. adobe. com /products /acrobat /readstep2.html. To save the completed forms on your workstation, you need to use the "Save As" method to save the file. For example, move your mouse curser over the PDF link and click on your "RIGHT" mouse button. This will cause a menu to be displayed, from which you will select the proper save option -- depending upon which browser you are using: For Microsoft IE users, select "Save Target As For Netscape Navigator users, select "Save Link As" Once you've selected the proper save option for your browser, and have saved the file to a location you specified, go to your program menu and start the Adobe Acrobat® Reader. Once open, locate the PDF file you saved and open it directly in Acrobat®. END OF SECTION 00900 -7 Version 4/11 "All obligations set forth in this document shall be applicable to the Vendor." (A). Compliance. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the City, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the City, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by this Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. (B). The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low - income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low - income persons residing in the metropolitan area in which the project is located." (C). The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG- funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. (D).The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.