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PROPOSAL - RESTROOM RENOVATIONS - JACK RUSSELL STADIUMCERTUS ,„,„,„ B U I L D E R S Design /Build - Construction Management Proposal May 26, 2016 TO: Leroy Chin. Park Planning & Project Manager City of Clearwater — Parks & Recreation Dept. 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756 RE: JACK RUSSELI. STADIUM RESTROOM RENOVATIONS As requested enclosed is the proposal for renovation of Restrooms at Jack Russell Stadium submitted in accordance with the attached City of Clearwater Community Development Block Grant Compliance Provisions, technical specs /plans/study /clarifications of this letter /attached line item work, etc., for a Guaranteed Maximum Price of $149.635.95 .) Scope of Work: As per Plisko Architecture, P.A. AIA dated 3/29/2016 Cost Detail: Cost of Work Description Subtotal Amount $120,717.34 General Conditions (or General Conditions/Supervision/Insurance/Bond) Construction • ement Fee Contingenc Guaranteed ` aximum Price $120,717.34 $18,935.95 $6,982.66 $3,000.00 $ 149,635.95. Project Duration shall be 102 calendar days from the date of the Notice to Proceed. 1 Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on his C ° , based on If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. (.Ulailr tam WOW • For work performed, invoices shall be submitted to the City of Clearwater, Parks & Recreation Department, Attn: Leroy Chin, P.O. Box 4748, Clearwater, Florida, 33758 -4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. Countersigned: 'ClW ( t 1\er eV S George N. Cretekos Mayor Assistant City Attorney CERTUS BUILDERS, INC. By: CITY OF CLEARWATER, FLORIDA By: W �. t t.� .. William B. Horne II City Manager Attest: jeL1 t�. (2 4.4:: Rosemarie Call City Clerk 2 CERTUS �C BUILDERS Jack Russell Stadium Restroom Renovations 5/27/2016 14:38 GMP PROPOSAL GSF 621 TRADE COST 2.1 Demolition $ 12,160.00 3, 4 Concrete & Masonry $ 25,550.00 5 Metals $ 2,635.00 6.4 Millwork $ 4,650.00 8.1 Doors & Hardware $ 6,466.84 9.1 Drywall $ 3,032.00 9.2 Flooring $ 8,640.00 9.3 ACT $ 2,173.50 9.4 Paint $ 2,950.00 10 Accessories $ 11,853.00 15.1 HVAC $ 4,707.00 15.2 Plumbing $ 28,950.00 16 Electrical $ 6,950.00 Subtotal $ 120,717.34 GC's $ 18,935.95 Fee (5 %) $ 6,982.66 Contingency $ 3,000.00 TOTAL $ 149,635.95 CITY OF CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT COMPLIANCE PROVISIONS 1. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Contractor or the Contractor's subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this contract. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 2. TERMINATION FOR CAUSE If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City of Clearwater shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this contract shall, at the option of the the City of Clearwater, become the City of Clearwater's property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the City of Clearwater for damages sustained by virtue of any breach of the contract by the Contractor, and the City of Clearwater may withhold any payments to the Contractor for the purpose of set- off until such time as the exact amount of damages due the City of Clearwater from the Contractor is determined. 3. TERMINATION FOR CONVENIENCE The City of Clearwater may terminate this contract at any time by giving at least ten (10) days notice in writing to the Contractor. If the contract is terminated by the City of Clearwater as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. 4. REPORTING REQUIREMENTS The Contractor shall complete and submit all reports, in such form and according to such schedule, as may be required by the City of Clearwater. 5. ACCESS TO RECORDS The City of Clearwater, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States or any of their duly authorized representatives, shall have, at any time and from time to time during normal business hours, access to any work product, books, documents, papers and records of the Contractor which are related to this contract, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions. 6. MAINTENANCE/RETENTION OF RECORDS All records connected with this contract will be maintained in a central location and will be maintained for a period of five (5) years following the date of final payment and close -out of all pending matters related to this Contract. 7. COPYRIGHTS AND PATENTS No materials, including, but not limited to, reports, maps, or documents produced as a result of this contract, in whole or in part, shall be the application of a copyright by or on behalf of the Contractor. The Federal government and the City of Clearwater reserves a royalty free, non- exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, for government purposes: (a) the copyright to any work developed with CDBG funds and (b) any rights of copyright purchased with CDBG support. The federal government and the City of Clearwater shall possess all rights to invention or discovery, as well as, rights in data which may arise as a result of Contractor's services. All royalty or license fees applicable to the services provided hereunder shall be paid by the Contractor. 8. CERTIFICATION OF COMPLIANCE WITH CLEAN AIR AND WATER ACTS The Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15 and 32, as amended, Section 508 of the Clean Water Act (33 USC 1368) and Executive Order 11738. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: A. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the Excluded Party Listing System pursuant to 40 CFR 32 or on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR Part 15, as amended. B. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857 c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the Excluded Party Listing System or the EPA List of Violating Facilities. D. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the government may direct as a means of enforcing such provisions. 9. ENERGY EFFICIENCY The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the Florida State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -163). 10. EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, as AMENDED BY EXECUTIVE ORDER 11375 of OCTOBER 13, 1967, AND AS SUPPLEMENTED IN DEPARTMENT OF LABOR EGULATIONS (41 CFR 60) During the performance of this contract, the Contractor agrees as follows: A. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the provisions of this non - discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. D. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. F. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. G. In the event of the Contractor's non - compliance with the non - discrimination clause of this contract or with any of such rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. H. Contractor shall incorporate the provisions of A through G above in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor so that such provisions shall be binding on such subcontractor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non - compliance, provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 11. CONFLICT OF INTEREST No officer or employee of the City of Clearater or its designees or agents, no member of the governing body, and no other public official of the City of Clearwater has any interest, direct or indirect, in this contract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflicts of interest. No employee, officer or agent of City of Clearwater has participated in the selection of, or in the award or administration of, this contract if a conflict of interest, real or apparent, was involved. Persons covered under this section include any person who is: (a) An employee, agent, consultant, officer, or elected or appointed official of the City of Clearwater, any designated public agency or any subrecipient agency that is receiving CDBG funds; (b) Any member of his /her immediate family; (c) His or her partner; or (d) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. No persons described in (a) through (d) above who exercise or have exercised any functions or responsibilities with respect to this contract, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, has a financial interest in this contract either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. 12. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The Contractor shall comply with the provisions of Title VI of the Civil Rights Act of 1964. No person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 13. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 The Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 further provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited. 14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 - COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 15. SECTION 503 OF THE REHABILITATION ACT OF 1973 (29 USC 793) A. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is otherwise qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. C. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. D. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. E. The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. F. The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. 16. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his disability, be denied the benefits, or be subjected to discrimination including discrimination in employment, any program or activity that receives the benefits from the federal financial assistance. 17. AGE DISCRIMINATION ACT OF 1975 The Contractor shall comply with the provisions of the Age Discrimination Act of 1975. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance. 18. DEBARMENT, SUSPENSION, AND INELIGIBILITY The Contractor represents and warrants that it and its subcontractors are not debarred, suspended, or placed in ineligibility status under the provisions of 24 CFR 24 (government debarment and suspension regulations). 19. CHANGES The City of Clearwater may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation which are mutually agreed upon by and between City of Clearwater and the Contractor, shall be incorporated in written and executed amendments to this Contract. 20. ANTI - KICKBACK RULES Salaries of personnel performing work under this Contract shall be paid unconditionally and not less often than once a month without payroll deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. 874; and Title 40 U.S.C. 276c). The Contractor shall comply with all applicable "Anti- Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by the subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 21. ASSIGNABILITY The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without prior written approval of the City of Clearwater. 22. LOBBYING The Contractor certifies, to the best of his or her knowledge and belief that: 1. No federally appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the contractor shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Contractor shall require that the language of this certification be included in any subcontract. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for entering into this transaction imposed by Section 1352, Title 31, of the US Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 23. CERTIFICATION OF NONSEGREGATED FACILITIES Contractor certifies that he /she does not maintain or provide for his/her establishments, and that he /she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He /she certifies further that he /she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he /she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The Contractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. He /she further agrees that (except where he /she has obtained for specific time periods) he /she will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that he /she will retain such certifications in his/her files; and that he /she will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). 24. Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR part 5). 25. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5).