JOE DIMAGGIO SPORTS COMPLEX - PRESS BOX AND STORAGE FACILITY - 07-0035-PR-F - CONTRACTCONTRACT
(1)
This CONTRACT made and entered into this quay ofbeccvj.he tr , 2014 -. by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City ", and
CERTUS BUILDERS, INC. , of the City of TAMPA County of
HILLSBOROUGH and State of Florida, hereinafter designated as the "Contractor ".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements on
the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
PROJECT NAME: Joe DiMaggio Sport Complex — Press Box & Storage Facility
PROJECT NO.: 07- 0035 -PR -F
in the amount of $399,788.00
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any advertisement,
instructions to bidders, general conditions, technical specifications, proposal and bond, which may be
hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City.
If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the Contractor,
then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have
the right to proceed to complete such work as Contractor is obligated to perform in accordance with the
provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO
HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES,
COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE
UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE
CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES
RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB
CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2).
_SectionV (2) Page 4 of 17 11/25/2014
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post hereafter in conspicuous places, available for employees or applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of the non discrimination
clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated herein,
it is then further agreed that the City may deduct from such sums or compensation as may be due to the
Contractor the sum of $1,000.00 per dav for each day that the work to be performed by the Contractor
remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only
and solely represent damages which the City has sustained by reason of the failure of the Contractor to
complete the work within the time stipulated, it being further agreed that this sum is not to be construed
as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete
and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the public construction bond which is attached hereto for the faithful performance of
the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the
surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said
bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his
or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an
additional bond or bonds in such term and amounts and with such surety or sureties as shall be
satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor
under the terms and provisions of this contract until such new or additional security bond guaranteeing
the faithful performance of the work under the terms hereof shall be completed and furnished to the City
in a form satisfactory to it.
_SectionV (2) Page 5 of 17 11/25/2014
CONTRACT
(3)
The successful bidder /contractor will be required to comply with Section 119.0701, Florida Statutes
(2014), specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the City of
Clearwater in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the City of
Clearwater would provide the records and at a cost that does not exceed the cost provided in
Chapter 119 or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater
all public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the City of Clearwater in a
format that is compatible with the information technology systems of the City of Clearwater.
_SectionV (2) Page 6 of 17 11/25/2014
CONTRACT
(4)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By: (A) 14,�r t, 6_ 1.41 _,- .
William B. Horne, II
City Manager
Countersigned:
By: — qP.orterp t.1'l 1
George N. Cretekos,
Mayor
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation.)
SectionV
Attest:
--0Y Rosemarie Call
City Clerk
Page 7of17
Approved as to form:
Assistant City Attorney
Certus Builders, Inc._
(Contractor) t04,02„+,
By:
Print Name: Dean Sumner
Title: CEO
11/25/2014
CONSENT OF SURETY TO FINAL PAYMENT
TO OWNER: City of Clearwater
Parks & Recreation Dept.
100 S. Myrtle Ave.
Clearwater, FL 33756
CONTRACTOR: Certus Builders, Inc.
PROJECT NAME: Joe DiMaggio Sport Complex
Press Box & Storage Facility
PROJECT NO.: 07- 0035 -PR -F
CONTRACT DATE: [ 1
BOND NO. : [ 1, recorded in O.R.
Book ( 1, Page I 1, of the Public Records of
Pinellas County, Florida.
Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract
between the Owner and the Contractor as indicated above, the:
[insert name of Surety]
[address]
[address]
on bond of
Certus Builders, Inc.
304 S. Westland Ave.
Tampa, FL 33606
,SURETY,
,CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor
shall not relieve Surety of any of its obligations to
City of Clearwater
Parks & Recreation Dept.
100 S. Myrtle Ave.
Clearwater, FL 33756
,OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand this ( 1 day of [month], [year]
Attest:
(Seal):
_SectionV (2)
(Surety)
(Signature of authorized representative)
(Printed name and title)
Page 8 of 17 11/25/2014
PROPOSALBID BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned,
as Contractor, and
as Surety, whose address is
, are held and firmly bound unto the
City of Clearwater, Florida, in the sum of Dollars
($ ) (being a minimum of 10% of Contractor's total bid amount) for the payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns.
The condition of the above obligation is such that if the attached Proposal of
as Contractor, and as Surety,
for work specified as:
all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and
specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the
above named bidder, and the said bidder shall within ten days after notice of said award enter into a
contract, in writing, and furnish the required Public Construction Bond with surety or sureties to be
approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and
virtue by law and the full amount of this Proposal/Bid Bond will be paid to the City as stipulated or
liquidated damages.
Signed this day of , 20
(Principal must indicate whether corporation,
partnership, company or individual)
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
Principal
By:
Title
Surety
_SectionV (2) Page 9 of 17 11/25/2014
AFFIDAVIT
(To be filled in and executed if the bidder is a corporation)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH )
SHARON SUMNER being duly sworn, deposes and says that i /she is
Secretary of CERTUS BUILDERS, INC.
a corporation organized and existing under and by virtue of the laws of the State of Florida, and having
its principal office at:
304 S. WESTLAND AVE.
(Street & Number)
TAMPA HILLSBOROUGH FL
(City) (County) (State)
Affiant further says that he is familiar with the records, minute books and by -laws of
CERTUS BUILDERS,_ INC.
(Name of Corporation)
Affiant further says that _ DEAN SUMNER is CEO
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for CERTUS BUILDERS, INC.
or said corporation by virtue of PROVISION OF BYLAWS ARTICLE IV, SECTION 6
(state whether a provision of by laws or a Resolution of
Board of Directors. If by Resolution give date of adoption).
Sworn to before me this , day of e'��'�
Affiant
,20/x.
Notary Public
Type /print/stamp name of Notary
Title or rank, and Serial No., if any
Daniel V Hoag
NOTARY PUBLIC
STATE OF FLORIDA
Comma FF033759
Expires 7/7/2017
_SectionV (2) Page 10 of 17 11/25/2014
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH )
DEAN SUMMER being, first duly sworn, deposes and says
that he is
CEO
of CERTUS BUILDERS, INC.
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder
on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or
indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from
bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal or bid are true; and further, that such bidder
has not directly or indirectly submitted this bid, or the contents thereof, orjaulged information or data
relative thereto to any association or to any member or agent thereof.
Affiant
Sworn to and subscribed before me this a day of e , 20 y.
2)C✓
Notary Public
Daniel V Nosh
NOTARY PUBLIC
STATE OF FLORIDA
Comm# FF033759
Expires 7/7/2017
_SectionV (2) Page 11 of 17 11/25/2014
PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
PROJECT NAME: Joe DiMaggio Sport Complex — Press Box & Storage Facility
PROJECT NO.: 07- 0035 -PR -F
and doing such other work incidental thereto, all in accordance with the contract documents, marked
PROJECT NAME: Joe DiMaggio Sport Complex — Press Box & Storage Facility
PROJECT NO.: 07- 0035 -PR -F
Every bidder must take notice of the fact that even though his proposal be accepted and the documents
signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract
without a certificate from the Finance Director that funds are available to cover the cost of the work to
be done, or without the approval of the City Attorney as to the form and legality of the contract and all
the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is
hereby charged with this notice.
The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties
interested in this Proposal, are named in this Proposal, that he has carefully examined the
Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Public Construction Bond, that he or his representative has
made such investigation as is necessary to determine the character and extent of the work and he
proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater,
Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery,
equipment, tools or apparatus, do all the work required to complete the contract within the time
mentioned in the General Conditions and according to the requirements of the City of Clearwater,
Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices
to wit:
_SectionV (2) Page 12 of 17 11/25/2014
PROPOSAL
(2)
If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may,
at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to
become the property of the City of Clearwater, Florida, and the full amount of said check shall be
retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the
City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this
Proposal, or the amount of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check on NONE
Bank, for the sum of
($ )
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If firm or partnership, the
names and addresses of the members or partners. The Bidder shall list not only his name but also the
name of any person with whom bidder has any type of agreement whereby such person's improvements,
enrichment, employment or possible benefit, whether sub contractor, materialman, agent, supplier, or
employer is contingent upon the award of the contract to the bidder).
NAMES:
ADDRESSES:
DEAN SUMMER 7408 DESOTO ST, TAMPA, FL 33616
SHARON SUMMER 7408 DESOTO ST, TAMPA, FL 33616
Signature of Bidder:
(The bidder must indicate whether Corporation, Partnership, Company or Individual).
_SectionV (2) Page 13 of 17 11/25/2014
PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice President, he must, by
affidavit, show his authority, to bind the corporation.
Principal: DE UMMER
By: Title: CEO
Business Address of Bidder: 304 S. WESTLAND AVE.
City and State: TAMPA, FL Zip Code 33606
Dated at 304 WESTLAND AVE. , this day of , A.D., 2014.
_SectionV (2)
Page 14 of 17 11/25/2014
CITY OF CLEARWATER
ADDENDUM SHEET
PROJECT: PROJECT NAME: Joe DiMaggio Sport Complex — Press Box & Storage Facility
PROJECT NO.: 07- 0035 -PR -F
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
Addendum No. NONE Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
CERTUS BUILDERS, INC.
(Name of Bidde
-DAN A .SiiMN/CC
(Signature of Officer)
CEO
(Title of Offi er)
(Date)
_SectionV (2) Page 15 of 17 11/25/2014
BIDDER'S PROPOSAL
PROJECT: PROJECT NAME: Joe DiMaggio Sport Complex — Press Box & Storage Facility
PROJECT NO.: 07- 0035 -PR -F
ITEM UNIT TOTAL
NO. DESCRIPTION UNIT OTY PRICE PRICE
1. Contractor to provide all insurances, labor, equipment, materials, performance
bond for Scope of Work required in the construction of Joe DiMaggio Sports
Complex — Press Box Storage Facility as specified in the contraction documents L. S. 1 S396.788.00 $396.788.00
$3.000.00
2. Contingency
3. Total of Lines 1 & 2
5399.788.00
CONTRACTOR: CERTUS BUILDERS INC., 304 S. WESTLAND AVE., TAMPA, FL 33606
T. 813- 443 -4990 Fax 813- 463 -0266 E -mail dsummeer @certusbuilders.com
Printed Name: Dean er
Signed: ` Title: CEO Date: 14' 4 l¢
BIDDER'S GRAND TOTAL: $ 399,788.00_ (Numbers)
BIDDER'S GRAND TOTAL: _THREE HUNDERD NINETY -NINE THOUSAND SEVEN
HUNDRED EIGHTY -EIGHT DOLLARS AND NO CENTS (Words)
THE BIDDER'S GRAND TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRICES AND
THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. THIS FIGURE IS FOR INFORMATION ONLY AT
THE TIME OF OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES AND LUMP SUM
PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT
PRICES AND LUMP SUM PRICE SHALL GOVERN.
CONTINGENCY SHALL BE ONLY UTILIZED FOR ADDITIONAL SCOPE OF WORK NOT DETAILED IN THE BIDDING
DOCUMENTS. CONTRACTOR MUST SUBMITT IN WRITING OF ADDITIONAL SCOPE OF WORK NOT CONTAINED
IN THE BIDDING DOCUMENTS TO THE OWNER FOR APPROVAL. THE OWNER WILL RESPOND IN WRITING FOR
APPROVAL IN USING THE CONTINGENCY FUNDS. ANY FUNDS REMAIING IN THE CONTINGENCY LINE ITEM
SHALL BE RETURNED TO THE OWNER BY CLOSING OUT THE PURCHASE ORDER SHORT.
_SectionV (2) Page 16 of 17 11/25/2014
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM
PER SECTION HI, ITEM 25, IF YOUR BID IS $1,000,000 OR MORE, THIS FORM MUST BE
COMPLETED AND SUBMITTED WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORM AS
REQUIRED, MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the
requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies
with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaging in business operations in Cuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in
this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List,
the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business
operations in Cuba and Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce
in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining,
owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services,
personal property, real property, military equipment, or any other apparatus of business or commerce;
and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary,
affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5)
calendar days after any of its principals are placed on the Scrutinized Companies with Activities in
Sudan List, the Scrutinized Companies with Activities in the Iran Petrole Sector List, or engages in
business operations in Cuba and Syria.
STATE OF _FLORIDA
COUNTY OF _HILLSBOROUGH_
Authorized Signature
Dean Summer
Printed Name
CEO
Title
_CERTUS BUILDERS. INC.
Name of Entity /Corporation
The foregoing instrument was acknowledged before me on this
ervd
day of a e c e , 20 J y
by 27e /7,J Sid .tJ(' ve
(name of person whose signature is being notarized) as
the C� n title) of Cr s (name of corporation/entity),
eersonall yknown to me as describe. erei , or produced a
type o 1' enti Ica ion a . gI tetcation, an s who did/did not take an oath.
Notary Public
c= //
NOTARY PUBLIC
STATE OF FLORIDA
• Comm# FF033759
Expires 7/7/2017
My Commission Expires: 2 2 " ? C l
NOTARY SEAL ABOVE
_SectionV (2)
Printed Name
Daniel V Hoeh
NOTARY PUBLIC
STATE OF FLORIDA
• Camm# FF033759
Expires 7/7/2017
Page 17 of 17 11/25/2014